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GENERAL TERMS OF USE AND TRADE TERMS


INTRODUCTION

Welcome to Foto With You

Agribest OU

Õismäe tee 123-4
Tallinn 13515
Estonia

By using the www.fotowithyou.com web site and any thereto related services in any media where such FotoWithYou services are provided (jointly "FotoWithYou"), you, in your capacity as user of FotoWithYou (the "User"), agree that the following general terms of use and trade terms (the "User Agreement"), shall constitute a legally binding agreement between the User and FotoWithYou and govern the User's use of FotoWithYou and the relationship between the User and FotoWithYou. By using FotoWithYou, the User also agrees that the User Agreement shall constitute a legally binding agreement between the User, whether as Photographer or Buyer (as defined below), and any other User in relation to transactions taking place by use of FotoWithYou.



If a User is a private individual, this User Agreement will be only valid if entered into by a User who is at least 18 years old on the day of entering into the User Agreement. If the User is a legal entity, the User Agreement will be valid only if entered into by an authorized representative of such User. FotoWithYou retains the right to request, at any time, verification of the User identity through email with scanned copy of passport or other identification documents, through electronic verification services (such as Jumio or similar service) or any other way that FotoWithYou may reasonably request and to immediately terminate, at FotoWithYou's sole discretion, this User Agreement in the event such verification in FotoWithYou's opinion is not satisfactory.


A Buyer is a User using FotowithYou to purchase the content.


The "FotoWithYou" is a web platfrom where a network of photographers registered with us handle and upload photos and other media content they film around the globe (the “content” or “media content”). The content is later offered for purchase to its owners by means of publishing it on FotoWithYou, and can be identified by unique ID of the photographer and a date it was shot. All raw media content generally undergoes professional processing to increase emotional feeling it brings. Therefore the price of a shooting may be higher then expected. The buy is not obliged to purchase content and has an option of its regular download with watermarks or in black & white mode. The content may be offered for public sale on FotoWithYou or other third party photo stock if the client did not prohibit the photographer to do so during shooting.



Please note that upon the purchase of photos on FotoWithYou, the Seller grants to the Buyer anon-exclusive right of use to such photos. Thus, a Buyer will not acquire any exclusive rights to any photo purchased through FotoWithYou. In case a Buyer is interested in acquiring such an exclusive right to a specific photo, the Buyer may contact FotoWithYou directly, in order for FotoWithYou to establish a direct contact with the relevant Seller for further discussions outside the scope of FotoWithYou. Any negotiation with the Seller regarding exclusive right to Content will be carried out by FotoWithYou and FotoWithYou retains the right to determine, together with Seller, the price for such exclusive Content license to Buyer on a case by case basis. Exclusive license rights will, upon Buyer's acceptance of the terms therefore, be regulated by separate written agreement between the Buyer, the Seller and FotoWithYou.



This User Agreement is divided into four separate sections, according to the following:



  1. FotoWithYou's right to review, categorize and remove Content
  2. Terms of use for FotoWithYou
  3. Trade terms between Photographer and Buyer for the sale and purchase of photos
  4. General terms applying to the User Agreement


1. FOTOWITHYOU'S RIGHT TO REVIEW, CATEGORIZE AND REMOVE CONTENT


STOLEN PHOTOS ARE PROHIBITED!

FotoWithYou has zero tolerance for stolen photos! A stolen photo is any photo that the User does not own the legal rights to, such as e.g. a photo that has been found randomly on the Internet, a photo that has been taken by someone else or that the User has downloaded from Facebook or from someone else's blog. All photos which are, or which FotoWithYou suspects are, stolen will be deleted immediately from FotoWithYou.com together with the user account from which the stolen photo was uploaded. FotoWithYou may also take legal action against such User. A User is only allowed to upload photos on FotoWithYou that the User has taken himself and for which he has obtained the model's approval (if applicable).


FOTOWITHYOU'S RIGHT TO REMOVE CONTENT

A key component in FotoWithYou is that the photos and thereto related information published for sale (the "Content") are of good quality and possible to sell to Buyers through the market place. Therefore, FotoWithYou reserves the right to review all Content uploaded to fotowithyou.com and to remove – at any time – any Content that FotoWithYou deems, in its own discretion, not to be in accordance with the terms of this User Agreement. FotoWithYou further reserves the right to remove any Content that FotoWithYou deems, in its own discretion, (i) does not fulfill the quality requirements and standards set from time to time by FotoWithYou for fotowithyou.com, (ii) does not fulfill a need or demand on FotoWithYou (i.e. yet another photo on a topic/motif where there already are plenty) or (iii) Content that is not subject to any transactions, or is slow-selling, on fotowithyou.com.


2. TERMS OF USE FOR FOTOWITHYOU


SCOPE OF THE SERVICES

FotoWithYou consists of the services, the systems, the information and the products which appear, from time to time, in the description of FotoWithYou on its web site www.fotowithyou.com. FotoWithYou undertakes, in accordance with the User Agreement and as described from time to time on FotoWithYou's web site, to give the User access to FotoWithYou on the servers provided by FotoWithYou, through connection to FotoWithYou via a web browser. The User is aware and accepts that the User's usage of FotoWithYou requires the User to have access to a mobile or fixed Internet connection. The User must itself provide, pay for and sustain such Internet connection and all other equipment that is required to access and use FotoWithYou.



FotoWithYou undertakes to take reasonable steps to ensure that fotowithyou.com is accessible via the Internet 24 hours a day, seven days a week. However, FotoWithYou reserves the right to, at its own discretion and when it deems necessary due to technical-, operational-, maintenance- or security reasons, take measures which may affect the accessibility of FotoWithYou. The User is aware that fotowithyou.com may be closed down with immediate effect if FotoWithYou deems necessary for security or other reasons.



FotoWithYou reserves the right to change, add or remove functions in FotoWithYou and to unilaterally change, make additions, and in other ways amend the terms of this User Agreement at any time. FotoWithYou shall notify the User through the User's account on FotoWithYou, at FotoWithYou's web site www.fotowithyou.com or by email to an email address submitted by the User, of such amendments of the terms of the User Agreement and/or such material changes of fotowithyou.com that FotoWithYou makes. In case the User does not accept such material change of FotoWithYou or the User Agreement, the User may, within thirty (30) days from receipt of FotoWithYou's notification of the changes, terminate the User Agreement with immediate effect. A User that has not terminated the User Agreement at the latest thirty (30) days from the date when FotoWithYou notified the User of the changes, shall be deemed to have accepted such changes.



FotoWithYou is liable for ensuring that Content that is uploaded to fotowithyou.com by a Photographer is stored and presented in the same format as uploaded. However, FotoWithYou is not liable for any disruptions or misrepresentations of the Content which occur during the transfer via the Internet.


REGULATIONS REGARDING CONTENT UPLOADED

The User is solely and exclusively responsible for all Content that the User submits, processes or handles by use of fotowithyou.com and for all data that the User stores on FotoWithYou's servers.



The User may use fotowithyou.com only in accordance with the User Agreement and FotoWithYou's from time to time applicable instructions. The User is not entitled to use fotowithyou.com in any way that may overload, disturb, harm, inactivate or impair fotowithyou.com, or use fotowithyou.com in any way that may lead to transfer, distribution or uploading of software or material containing harmful code, such as virus, time bombs, cancelbots, worms, Trojan horses, espionage software or other potentially harmful software, material or information.



The User undertakes not to use fotowithyou.com for the purposes of uploading, posting, emailing or in any other way processing or forwarding Content in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of the personal data act) or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves infringement of a private individual's personal sphere or the infringement of a third party trademark or copyright or other intellectual property right. The User is also obligated not to use FotoWithYou's trademarks or distinctive marks in any way other than has been explicitly consented to by FotoWithYou.



By agreeing to this User Agreement the User consents to FotoWithYou's processing and storing of the Personal Data and the Content, and to disclosing Personal Data or Content if FotoWithYou is obliged to do so by law, or if FotoWithYou at its own discretion considers it necessary to (a) comply with a legal obligation; (b) uphold the User Agreement; (c) respond to statements that Content and/or Personal Data constitute an infringement of a third party right or in any other way is in contravention with law; or (d) protect FotoWithYou's, its users or the public's interests, rights, property or personal safety.



If a User finds that Content available on fotowithyou.com is in breach of the terms of this User Agreement, such User may file a complaint with FotoWithYou's customer support. In the event of such complaint, FotoWithYou reserves the right to remove the Content in question either temporarily or permanently.


PHOTOS

The Photographer represents and warrants to the Buyer and to FotoWithYou that he is the original photographer of the Content and that it holds all rights in and to the Content.


FOTOWITHYOU MARKET

Buyer can buy printed photos in different formats or download electronically. For photo printing we use Fuji Frontier minilab and high-quality paper: Thicker Fuji Crystal Archive Paper Supreme. All items are securely packaged to ensure that they arrive at their destination in a safe and secure fashion. All Posters and Collages are delivered in a cardboard tube which gives the best protection during transportation.


DELIVERY

Average delivery time of printed photos is 7 working days.


PRICING OF CONTENT

By uploading Content to fotowithyou.com, the Photographer agrees to have such Content published for sale on fotowithyou.com at such terms and prices that FotoWithYou applies from time to time for such sale (as further detailed in Section 3 below).



FotoWithYou reserves the right at its own discretion to set the Content Fee (as defined below) for all Content Licenses to the Content published on fotowithyou.com. FotoWithYou further reserves the right to adjust any such Content Fee upwards or downwards at its own discretion at any time, to run temporary promotional campaigns covering all or some of the Content on fotowithyou.com and to create bundles, compilations and portfolios of Content and to set the prices for such campaigns, bundles, etc, at its own discretion.


3. TRADE TERMS BETWEEN PHOTOGRAPHER AND BUYER FOR THE SALE AND PURCHASE OF PHOTOS


LICENSE TERMS FOR CONTENT LICENSES, PROHIBITED USES

Subject to completion of the purchase process on fotowithyou.com and the Buyer's payment of the Content Fee, and in accordance with the terms of this User Agreement, the Photographer grants to the Buyer a non-exclusive, perpetual, world-wide and fully-paid right of use to the Photos for any purpose, whether non-commercial, including the right to modify, reproduce, publish and display.However, the Buyer may not use the Content for any uses as are prohibited according to the below ("Prohibited Uses").



Prohibited Uses are:


Nothing in this User Agreement shall constitute or be construed as a transfer of ownership to the Buyer of any of the Photographer's intellectual property rights or other proprietary rights in and to the Content.



BUYER'S OBLIGATION

Most content is people captured during the holidays. All photos where people are present can not be used for commercial purposes, except when it is described in the description of the photos.


REPRESENTATIONS AND WARRANTIES


The Photographer represents and warrants to the Buyer and to FotoWithYou that he is the original shooter of the Content and that it holds all rights in and to the Content. The Photographer further represents and warrants to the Buyer and to FotoWithYou that the Content does not infringe upon any copyright, moral right or other intellectual property right.



OTHER THAN AS EXPRESSLY PROVIDED IN THIS USER AGREEMENT, THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PHOTOGRAPHER DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET ANY REQUIREMENTS OF THE BUYER, though will do his best to edit the content upon Buyers wish. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT TO ACHIEVE A SPECIFIC RESULT IS WITH THE BUYER.


LIMITATION OF LIABILITY FOR FOTOWITHYOU FOR TRANSACTIONS


The Photographer and the Buyer recognize that FotoWithYou is not an auctioneer, but merely the provider a transaction platform enabling Photographers and Buyers to mediate. Thus, FotoWithYou is not involved in the transaction between Photographer and Buyer and shall under no circumstances be held liable for any Photographer or Buyer for any loss or damage arising out of in connection with any transaction made using fotowithyou.com.


4. GENERAL TERMS APPLYING TO THE USER AGREEMENT


USER SUPPORT


User support for FotoWithYou is provided through guidelines, FAQ and other support documents available from time to time on fotowithyou.com.


CLAIMS RELATED TO THE USE OF THE FOTOWITHYOU SERVICES

If claims are made against FotoWithYou or an action is brought against FotoWithYou due to the User's use of fotowithyou.com, the User undertakes to indemnify FotoWithYou for any harm, loss or damage that is inflicted upon FotoWithYou because of such claim (including but not limited to costs connected with settlement or judgment). The undertaking is valid only if the User, within a reasonable time from the claims have been made, is informed in writing by FotoWithYou of the claims or of the fact that actions have been brought against FotoWithYou.


LIMITATION OF LIABILITY


FotoWithYou shall not be liable for any direct, indirect or consequential damage, on persons or property, economic loss or loss of data which are caused to the User or a third party due to FotoWithYou or the User's use of fotowithyou.com. FotoWithYou shall not be liable for any unauthorized access to data or deficient data secrecy in connection with the transfer of information via the Internet when using FotoWithYou, or for any misuse of Content published on fotowithyou.com. FotoWithYou's liability shall be limited to the above stated except in case of gross negligence or intent. FotoWithYou's liability under this User Agreement shall under all circumstances always be limited to a sum corresponding to the Transaction Fee in relation to the Content to which a claim relates. However, such liability shall never exceed USD 300. Claims in excess of this sum cannot be made against FotoWithYou by a User. This limitation shall apply even if other warranties or remedies under this User Agreement fail to fulfill their purposes.


TERM AND TERMINATION


This User Agreement enters into force on the day the User first signs in on fotowithyou.com, or otherwise accepts this User Agreement, and shall remain in force until terminated. Termination can be made by either party for cause or for convenience at any time. Termination by a User is made through deactivation of the User's account on fotowithyou.com and is effective immediately. Termination by FotoWithYou is made through notification to the User through the User's account on fotowithyou.com or by e-mail to the e-mail address provided by the User as Registration Data, with at least thirty (30) days prior notice.



Upon termination of the User Agreement, the User's access to fotowithyou.com will automatically cease. FotoWithYou shall be under no obligation to store or preserve any Content of a User available on fotowithyou.com upon such termination and shall immediately upon termination have the right to remove and discard such Content. Upon termination of the User Agreement, the User shall further cease use of the fotowithyou.com App (and any other applications made available by FotoWithYou from time to time) and uninstall it from any and all of the User's devices where it is installed.



FotoWithYou retains the right to immediately terminate the User Agreement and/or close down, wholly or partly, the User's access to fotowithyou.com for any User that uses fotowithyou.com in breach of this User Agreement or in breach of FotoWithYou's instructions, or for Users that FotoWithYou otherwise considers risk seriously disrupting the usage of FotoWithYou's systems or that abuses fotowithyou.com. In addition, FotoWithYou shall be entitled to terminate the User Agreement with immediate effect if the User is declared bankrupt, suspends its payments, enters into liquidation or is otherwise deemed insolvent. Upon FotoWithYou's termination of the User Agreement for User's breach of contract, FotoWithYou retains the right to request compensation from User for all damage caused by the User's breach of contract.


MISCELLANEOUS


This User Agreement comprises the entire agreement between the parties regarding the User's use of fotowithyou.com. Except for FotoWihYou's right to change, make additions and in other ways amend prices and the terms of this User Agreement according to Section 2 (Scope of Service) above, all potential additions or amendments to this User Agreement shall be made in writing and be duly signed by both parties.

The User shall not be entitled to transfer its rights or obligations according to this User Agreement without FotoWihYou's written consent. FotoWihYou is entitled to transfer its rights and obligations according to this User Agreement in its entirety. FotoWihYou is entitled to employ subcontractors to perform its obligations pursuant to this User Agreement. FotoWihYou is liable for its subcontractors.


This User Agreement shall be governed by and construed in accordance with the laws of Estonia. Disputes arising out of or in connection with this User Agreement shall be settled by the courts of law of Estonia, with the district court of Tallinn as the court of first instance.



Notices to the User will be sent through the User's account on fotowithyou.com or to the e-mail address submitted by the User in the Registration Data. Notices from the User to FotoWihYou may be sent via the headline "Contact" on www.fotowithyou.com. Notices shall be deemed to have been received by FotoWihYou when FotoWihYou confirms receipt by a personal reference (not by auto reply).