Specially adapted for photographers:
Please find below our Terms of Use for Photographers. It is important that you read them before, they apply when registering as a photographer and when using the services available for photographers on the www.avifimages.com platform. “Avifimages.com” or “We”) from now on. 1. Acceptance of the Terms To access Avifimages services for photographers, you must first sign up for a photographer account. By doing so, you consent to our Terms and Privacy Policy. In this way we become contractual partners with mutual rights and obligations. 2. Services Avifimages is a community of photographers and photography. On our platform: You can upload your photos (collectively, "Content"), publicly display and share your Content with other members and the general public, comment on other users' Content, enter contests ("Challenges"). Avifimages' goal is to provide photographers with a platform to showcase their creative work, increase exposure and be inspired by the work of other photographers. At Avifimages you may have the opportunity to sell your photos through our network of distribution partners, allowing third parties to purchase your content. Avifimages also publishes a print magazine and organizes various events, exhibitions and workshops. Avifimages is not a platform to store and manage your Content. Therefore it is important that you keep your Backup Content outside of your user account with us. We have the right to modify or discontinue our services at any time. 3. Registration You can register with Avifimages if you meet the age requirements under section 4 and are not a member of a copyright management society. You can register by entering a valid email address and a strong password. You may select a username that is available and does not violate the rights, laws or regulations of third parties. The registration takes effect once you confirm your account by entering a link that we will send to your email account provided at the time of registration. Your user account is only valid for you personally, that is, you may not create a user account for a third party, transfer it to a third party or allow a third party to use it. You are responsible for all activities that occur under your user account and must notify us immediately in the event of unauthorized access to your account. By registering you have the opportunity to choose whether you want to receive our newsletter and community updates, from which you can unsubscribe at any time. Consent for such updates is not required for your registration. Any information you provide to us in the course of registration must be complete, correct and up-to-date at all times so that we can contact you when necessary. Choose a strong password and keep it confidential. We reserve the right to adjust password requirements at any time to comply with current security standards. If you believe that your password has or may have been compromised, you are required to notify us immediately at system@avifimages.com. Please note that we may need to reset your password to ensure the security of your account. We also have the right to change the requirements for registration or future use of user accounts (eg ID authentication) at any time. If you do not comply with these subsequent requirements, we have the right to restrict the use of your account or terminate our agreement in accordance with section 13. 4. Age restrictions To join Avifimages you must be at least 18 years old or at least 16 years old and have the consent of your parents or guardians. By registering, you confirm that you meet these age requirements. We may ask you to provide proof of your age or parental consent at any time and may therefore contact you. Consenting parents or legal guardians are solely responsible for their child's account activities in accordance with these Terms of Use and are responsible for their child's misconduct and any harm resulting from it. Parents and legal guardians are advised that the Content available on Avifimages may in some cases be inappropriate for minors. 5. Content upload You may only upload Content to Avifimages, if such Content is original, meaning that it can only have been created by you and not copied, edited or imitated from any third party work. In addition, your Content must not violate our Terms of Use or applicable local laws and regulations, and you must have the unrestricted right to provide such Content to us to the extent defined below. When uploading Content, you have the option to add the location where the Content was captured and thereby make the location visible to others. Avifimages may suggest the location based on the metadata of your Content. You can also add tags suggested by our image recognition software, although you can also create your own tags. By uploading Content to your user account, you agree that your Content, name, and username may be publicly viewable on Avifimages and may be appreciated, commented on, and shared on social media (for example, Facebook, Instagram, and Twitter) by Avifimages and Other users. You can remove your Content from the user platform at any time. For more information and to remove Content, see section 10. It is important to clarify the following: 1) You alone are the sole and exclusive owner of all rights, including all copyrights, in all Content that you submit to our platform. 2) Any information in titles, keywords, metadata, copyright management information, or other information submitted with the Content is relevant, accurate, and complete, and does not contain false or misleading information, and complies with the applicable submission guidelines of Avifimages. 3) The Content does not contain any viruses, spyware, Trojan horses, time bombs, or other similar harmful or deleterious programming routines or code. 6. Prohibited content and unacceptable use of Avifimages Content or conduct that violates the rights of third parties or violates applicable laws is not permitted on Avifimges. This includes in particular the following Content and conduct: Pornographic, insulting or racist content, as well as Content that violates the laws or regulations for the protection of children or young people. This also applies to usernames, tags, captions, and comments you add to your Content or that of other users. Third Party Content, meaning Content that was not created by you or that has been copied or imitated in whole or in part without the consent of the respective rights owner. Content that harms or infringes the rights of third parties, in particular personal rights, copyrights, trademarks or other intellectual property rights. Using Avifimages for direct advertising purposes or contacting other Avifimages users, licensees, customers and/or partners for the purchase or sale of products or services, as well as any form of spam or other harassing behavior (for example, by commenting about the Content). 7. Reporting and Removal of Prohibited Content At Avifimages it is very difficult for us to comprehensively check the Content uploaded to our platform for potential rights violations. If we receive indications of illegal Content or discover violations against the rights of third parties, applicable laws or our Terms of Use, we may at our discretion and without prior notice, remove such Content from your account. If you discover Content on Avifimages that violates the copyright, privacy or other rights of third parties, contains pornographic or violent Content or violates our Terms of Use, you can report such Content at any time through our website at the button ("Report ") or contact system@avifimages.com directly. Your report must contain specific information about the violation being prosecuted. Reports with insufficient information cannot be answered. Abusive reports or false statements may be legally reported. We will review reports, contact you if we have any questions, and remove any inappropriate Content promptly. We reserve the right to temporarily block and at our discretion remove reported Content. In case of infringements and legal claims, we reserve the right to send your contact information to the claimant to the extent legally permitted. 8. Rights of use It is important to read this section carefully before posting, uploading or submitting any Content to the Avifimages platform. In consideration of Avifimages agreement to allow you to use our Services, you acknowledge and agree that: - By submitting Content to Avifimages, you grant Avifimages the right to distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in accordance with the Terms of Use. This authorization will exist for the period during which the Content is posted on our platform and will automatically terminate upon removal of the Content from the platform, subject to the terms of any license granted by Avifimages or through our authorized distributors. - Authorization granted to Avifimages includes the right to use Content in whole or in part for promotional purposes and to distribute and redistribute Content to other parties, websites, authorized agents, applications and other entities, provided that such Content is attributed in accordance with the required credits ( i.e. username or gallery name, profile picture, photo title, descriptions, tags, and other accompanying information) if and as applicable, as submitted to Avifimages, and subject to any credit requirements that govern the content license (notwithstanding the foregoing, no inadvertent failure to provide proper attribution shall be considered a breach of these Terms). - When you authorize Avifimages, you waive any moral rights (and any similar rights) with respect to the Content to the extent permitted by law, and if the waiver is not permitted, you agree not to assert the right against Avifimages or our distributors or customers . - Avifimages and our distributors have the right to modify, alter and amend photo titles, descriptions, tags, metadata and other attached information for any Content submitted to our platform and the right to send this Content to other authorized parties and agents for the purpose to create labels for Content. - Avifimages and our distributors will have complete and exclusive discretion regarding the terms, conditions and uses of the Content for the clients without their approval or consultation. Avifimages and our distributors may also enter into license agreements for a number of images and may need to calculate royalties based on a ratio of the Content to the total number of images. - Avifimages uses industry-recognized software and measures to restrict the ability of Site users and visitors to make high-resolution copies of Content posted on the Site. Notwithstanding the foregoing, Avifimages does not represent or warrant that Content posted on the Site will not be illegally copied without your consent. Avifimages does not restrict the ability of Site users and visitors to make low resolution or "thumbnail" copies of Content posted on the Site and you expressly authorize Avifimages to allow Site users and visitors to make low resolution copies of Content. . Subject to the above terms, the owner of the Content depicted retains ownership or other rights in the Content, including any intellectual property rights or other proprietary rights associated with the Content, unless otherwise stated in a separate agreement with Avifimages. We own all right, title and interest, including all separate copyrights, in all types of derivative works created by or for Avifimages or our distributors. - Any Content submitted to Avifimages in the Commissioned Challenges section, Avifimages is not permitted to make the same Content available to users without payment of any commercial usage fees (ie, as "free content"). 9. Notifications and Communication In your account settings, you can choose which notifications you want to receive via email. With each approval, you consent to our being able to notify you about the information and topics you have selected. You can revoke this consent at any time in your account settings. The storage and processing of your personal data and communication with you is carried out in accordance with the Avifimages Privacy Policy, which you can access on the website and at any time. 10. Removal of content You can delete Content that you have only shared within the Avifimages Community directly in your account at any time. Content that has already been shared on Avifimages magazine or on social media may still be viewable after such removal. We may, at any time and without notice, remove Content from your user account that we believe violates the Terms of Use. 11. Responsibilities Only you, or your parents or legal guardians, are responsible for your conduct as a user and compliance with these Terms of Use and applicable laws. With each upload of Content, you warrant that: - Only you are the sole creator of this Content, that is, you have created it on your own and you can freely dispose of the Content and the existing rights of use and you are not violating any other contract with third parties, no non-exclusive rights have been transferred to third parties and you have not assigned any rights to copyright management companies. - Your Content does not violate any applicable local law or regulation. - Your Content does not violate the rights of third parties and you have obtained the necessary consents from the rights holders. - The releases you have provided are valid and binding and grant all rights to use the Content commercially without further consent. In such event, you will indemnify us and hold us harmless from and against any claims made against us by third parties for any violation of applicable law or of your obligations or warranties under these Terms of Use. This includes the costs necessary to defend or defend against such claims, and also applies to claims that may arise after the termination of our contract. Please note that we may be required to pass on your personal data to third parties to the extent permitted by law in the event of legal claims for information and damages. 12. Our responsibility The content uploaded to Avifimages is third-party and proprietary content. We check such Content for potential legal violations to the extent technically possible and commercially reasonable. We hereby exclude liability for illegal, incorrect or incomplete Content and, in particular, for damages resulting from the use of the uploaded Content to the extent permitted by law. This also applies to links to our platform (eg to user profiles) and from our platform to external websites. We also exclude any liability for the illegal copying of your Content by third parties. Except as otherwise provided by law, neither Avifimages nor any of its affiliates, parents, subsidiaries, authorized distributors, directors, shareholders, employees, customers or agents shall be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of the site, any facts or opinions appearing therein, or the services. Avifimages shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages of any kind (including, without limitation, attorneys' fees) in any way due to, resulting from, or in connection with the use of or inability to use use the site or services. Avifimages is not responsible for the misuse of visual content by distributors or any other third parties under any circumstances. You and Avifimages agree that any proceeding to resolve or litigate any dispute arising out of this agreement will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a class action, a private action attorney general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated or combined with any other proceeding without the prior written consent of Avifimages and all parties to such proceeding. 13. Deletion of your account You have the right to terminate our contract at any time. You can contact system@avifimages.com to cancel and delete your user account. In this case, we will remove all of your Content. Content removal periods under section 10 apply. We will notify you by email of any processed license sales up until the complete removal of your Content under section 10 and therefore we will keep your email address on file with us. database. If you violate these Terms of Use, we may delete your user account at any time without notice and restrict you from any further registration. In addition, we can terminate our contract with a 4-week notice period by email if your user account has not been used for at least 12 months. 14. Modifications to the Terms We have the right to update the Terms of Use at any time in accordance with this provision. If we make changes, we will post the updated Terms of Use on our platform. In addition, we will notify you at least 4 weeks before any such new Terms of Use take effect within our website or by email. This information obligation does not apply if you register with Avifimages at a time when we have already published new Terms of Use that apply immediately to new users. If you do not agree to the changes, you may terminate the contract with Avifimages by emailing system@avifimages.com within 4 weeks of notification. We will then delete your user account and remove your Content in accordance with section 10. If you do not terminate the agreement within the notice period, your continued use of the Avifimages services will be deemed to constitute your acceptance of the new Terms of Use. 15. Final clauses A transfer of rights and obligations of the Terms of Use and the contract established by the Terms of Use to third parties requires your prior consent. This does not apply to the transfer of rights and obligations to affiliated companies, in particular, the transfer of operational control and responsibility for the platform and other services. The original version of these Terms of Use was written in Spanish. If there is any inconsistency between the Spanish version and a translation of the Terms of Use, the Spanish version will prevail. In the event of any inconsistency between these Terms of Use and any additional agreements, the additional agreements will control. In the event that any provision of these Terms of Use is found to be invalid, ineffective or unenforceable in whole or in part, the validity and enforceability of the remaining provisions shall not be affected thereby. Invalid or missing provisions will be superseded by statutory law. 16. Contact If you have any questions about these Terms of Use, you can contact us at system@avifimages.com.