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Privacy Policy

WEBSITE TERMS AND CONDITIONS

Introduction
These terms and conditions govern your use of PhotoSpotLand® website and/or mobile applications; by using PhotoSpotLand® website and/or mobile applications, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and/or the mobile applications.
You must be at least 13 years of age to use this website and/or mobile applications. By using website and mobile applications and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

License to use website

Unless otherwise stated, PhotoSpotLand® and/or its licensors own the intellectual property rights in the website and/or mobile applications and material on the website and mobile applications. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
  • republish material from the PhotoSpotLand® website and or mobile applications (including republication on another website);
  • sell, rent or sub-license material from the website and or mobile applications;
  • show any material from the website and/or mobile applications in public without clearly mention PhotoSpotLand®;
  • reproduce, duplicate, copy or otherwise exploit material on the website and/or mobile applications for a commercial purpose;
  • redistribute material from the website and/or mobile applications except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use PhotoSpotLand® website and/or mobile applications in any way that causes, or may cause, damage to the website and/or to mobile applications or impairment of the availability or accessibility of the website and/or mobile applications; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the website and/or mobile applications to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website and/or mobile applications without PhotoSpotLand® express written consent.
You must not use the website and/or mobile applications to transmit or send unsolicited commercial communications.
You must not use the website and/or mobile applications for any purposes related to marketing without PhotoSpotLand® express written consent.

Restricted access

Access to certain areas of the website and mobile applications are restricted. PhotoSpotLand® reserves the right to restrict access to areas of the website and mobile applications, or indeed the entire website and mobile applications, at PhotoSpotLand® discretion.
If PhotoSpotLand® provides you with a user ID and password to enable you to access restricted areas of the website and/or mobile applications or other content or services, you must ensure that the user ID and password are kept confidential.
PhotoSpotLand® may disable your user ID and password in PhotoSpotLand® sole discretion without notice or explanation.

User Generated Content

About user content and related copyright please refers to COPYRIGHT NOTICE, ‘user generated content’ area, we respect very seriously our user copyright.

No warranties

The PhotoSpotLand® website and mobile applications are provided “as is” without any representations or warranties, express or implied. PhotoSpotLand® makes no representations or warranties in relation to this website or the information and materials provided on the website and or mobile applications.
Without prejudice to the generality of the foregoing paragraph, PhotoSpotLand® does not warrant that:
  • the website and/or mobile applications will be constantly available, or available at all; or
  • the information on the website and/or mobile applications are complete, true, accurate or non-misleading.
Nothing on the website and/or mobile applications constitutes, or is meant to constitute, advice of any kind.
THE USE OF THE WEBSITE AND/OR MOBILE APPLICATIONS IS AT THE MEMBER’S SOLE RISK.

Limitations of liability

PhotoSpotLand® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the website and/or mobile applications:
  • to the extent that the website and/or mobile applications is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if PhotoSpotLand® has been expressly advised of the potential loss.

Reasonableness

By using the website and/or mobile applications, you agree that the exclusions and limitations of liability set out in the website and/or mobile applications disclaimer are reasonable.
If you do not think they are reasonable, you must not use the website and/or mobile applications.

Other parties

You accept that, as a limited liability entity, PhotoSpotLand® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PhotoSpotLand® officers or employees in respect of any losses you suffer in connection with the website and/or mobile applications.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website and mobile applications disclaimer will protect PhotoSpotLand® officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PhotoSpotLand®.

Unenforceable provisions

If any provision of this website and mobile applications disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website and mobile applications disclaimer.

Indemnity

You hereby indemnify PhotoSpotLand® and undertake to keep PhotoSpotLand® indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PhotoSpotLand® to a third party in settlement of a claim or dispute on the advice of PhotoSpotLand® legal advisers) incurred or suffered by PhotoSpotLand® arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to PhotoSpotLand® other rights under these terms and conditions, if you breach these terms and conditions in any way, PhotoSpotLand® may take such action as PhotoSpotLand® deems appropriate to deal with the breach, including suspending your access to the website and/or mobile applications, prohibiting you from accessing the website and/or mobile applications, blocking computers using your IP address from accessing the website and/or mobile applications, contacting your internet service provider to request that they block your access to the website and/or mobile applications and/or bringing court proceedings against you.

Variation

PhotoSpotLand® may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the website and/or mobile applications from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

PhotoSpotLand® may transfer, sub-contract or otherwise deal with PhotoSpotLand® rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and PhotoSpotLand® in relation to your use of the website and/or mobile applications, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with of the state and country where PhotoSpotLand® Ltd. is incorporated law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the state and country where PhotoSpotLand® Ltd. is incorporated.

About these website terms and conditions

These website terms and conditions were made using a Contractology website terms and conditions document available at www.freenetlaw.com. Contractology supply a range of commercial legal documentation via its website, including template software terms and conditions.

Registrations and authorizations

You can contact PhotoSpotLand® by email to info@photospotland.com

California Residents - Your CA Privacy Rights

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California, with whom the California resident has an established business relationship, certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company that has a privacy policy that provides consumers choice regarding sharing personal information with third parties for those third parties’ direct marketing purposes, as PhotoSpotLand® does, may instead provide information on how to exercise that choice. As stated in our Privacy Policy, you may tell us you do not want us to share your Personal Information with third parties for their direct marketing purposes. If you would like to opt-out from this type of sharing with third parties, please email us at: info@photospotland.com
Please write "opt out" as your subject line.

Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PhotoSpotLand® web site and /or mobile applications. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PhotoSpotLand® web site and/or mobile applications after it has been posted.
PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.


WEBSITE AND MOBILE APPLICATIONS DISCLAIMER

No warranties

PhotoSpotLand® website and mobile applications are provided “as is” without any representations or warranties, express or implied. PhotoSpotLand® makes no representations or warranties in relation to website and/or mobile applications or the information and materials provided.
Without prejudice to the generality of the foregoing paragraph, PhotoSpotLand® does not warrant that:
  • the website and/or mobile applications will be constantly available, or available at all; or
  • the information on the website and/or mobile applications are complete, true, accurate or non-misleading.

Nothing on the website and/or mobile applications constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

PhotoSpotLand® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the website and/or mobile applications:
  • to the extent that the website and mobile applications are provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  • These limitations of liability apply even if PhotoSpotLand® has been expressly advised of the potential loss.

Reasonableness

By using the PhotoSpotLand® website and/or mobile applications, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use the website and/or mobile applications.

Other parties

You accept that, as a limited liability entity, PhotoSpotLand® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PhotoSpotLand® officers or employees in respect of any losses you suffer in connection with the usage of the website and/or mobile applications.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect PhotoSpotLand® officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PhotoSpotLand®.

Unenforceable provisions

If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

About this website disclaimer

This document is based on a free Contractology template available at www.freenetlaw.com.

Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PhotoSpotLand® web site and /or mobile applications. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PhotoSpotLand® web site and/or mobile applications after it has been posted.
PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.

COPYRIGHT NOTICE

Copyright © 2014-2017 PhotoSpotLand®

Trademark

PhotoSpotLand is a OAMI/OHIM European Union Trade Mark registered with N. 013250295 and USPTO Trade Mark registered N. 4825107 owned by PhotoSpotLand Srl (V.le Veneto 11, 20855 Lesmo, MB, Italy) a subsidiary company of PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.

About this copyright notice

This copyright notice is based on a Contractology template available at www.freenetlaw.com.

Ownership of copyright

The copyright of the PhotoSpotLand® website and PhotoSpotLand® mobile applications and the material on the website and/or mobile applications (including without limitation the text, computer code, artwork, photographs [not part of user generated contents], images, music, audio material, video material and audio-visual material on this website) is owned by PhotoSpotLand® and its licensors.

Copyright license

PhotoSpotLand® grants to you a worldwide non-exclusive royalty-free revocable license to:
  • view the website and the material on the website on a computer or mobile device via a web browser;
  • download and use PhotoSpotLand® mobile applications on mobile devices;
  • copy and store the website and the material on the website in your web browser cache memory; and
  • print pages from the website for your own personal and non-commercial use.
PhotoSpotLand® does not grant you any other rights in relation to the website and related mobile applications or the material on the website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public FOR COMMERCIAL PURPOSE the website and/or mobile applications or the material on the website and/or mobile applications (in any form or media) without PhotoSpotLand® prior written permission.

Users generated contents

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the website and/or to our mobile applications, for whatever purpose.
Submitted photos that a user posts or transmits on this website and/or on our mobile applications (“User Content”) will be the sole property of the user and the user shall be the owner of the intellectual property rights in and to such User Content (“User IP Rights”). PhotoSpotLand® try all the best to protect the original users copyright, including stamp the © information on any uploaded photos. The user allow PhotoSpotLand® to add his/her copyright mention on the submitted photos in the form “© year, User Name and Surname ON PHOTOSPOTLAND”. Where as ‘year’ we automatically extract from photo’s exif data, if no data the current year will be consider or the user can insert a different one.
By submitting content to us you are granting to PhotoSpotLand® an unconditional, revocable (but influencing only future usage) only if you delete your profile and created spots, royalty-free, fully transferable, perpetual worldwide license to use, publish and/or display, transmit, share and/or co-publishing in other sites (also owned or managed by PhotoSpotLand® partners and/or clients or any other third party) and/or social network and/or mobile applications, public perform, communicate to the public, reproduce, adapt, publish, translate and distribute, for any purpose including PhotoSpotLand® and partners commercial exploitation (to be clear, we refer to our and our partners commercial exploitation, not to sell your photos at anyone) your User Content (with a watermark with your copyright and name, as above mentioned) in any existing or future or hereinafter invented media. You also grant to PhotoSpotLand® the right to sub-license these rights (of course with the possibility to revocate deleting your profile and without any rights to sell your contents), and the right to bring an action for infringement of these rights. We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your profile will be kept until your profile is deleted, unless we no longer need the data to provide products and services.
If we or our partners will organize a contest involving your contents we will respect your rights on your contents as above described.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or PhotoSpotLand® or a third party (in each case under any applicable law).
You must not submit any user content to the website and/or to the mobile applications that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
PhotoSpotLand® reserves the right to edit or remove any material submitted to this website and related mobile applications, or stored on PhotoSpotLand® servers, or hosted or published upon the website and/or on mobile applications.
Notwithstanding PhotoSpotLand® rights under these terms and conditions in relation to user content, PhotoSpotLand® does not undertake to monitor the submission of such content to, or the publication of such content on, the website and/or related mobile applications.

Data mining

The automated and/or systematic collection of data from the website and/or related mobile applications is prohibited.

Permissions

You may request permission to use the copyright materials on the website and/or mobile applications by writing to socialadmin@photospotland.com

Enforcement of copyright

PhotoSpotLand® takes the protection of its copyright very seriously.
If PhotoSpotLand® discovers that you have used its copyright materials in contravention of the license above, PhotoSpotLand® may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of PhotoSpotLand® copyright materials that contravenes or may contravene the license above, please report this by email to socialadmin@photospotland.com

Infringing material

If you become aware of any material on the website and or on the related mobile applications that you believe infringes your or any other person's copyright, please report this by email to socialadmin@photospotland.com

Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PhotoSpotLand® web site and /or mobile applications. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PhotoSpotLand® web site and/or mobile applications after it has been posted.
PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.

ANTI-SPAM POLICY

What is spam?

In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. PhotoSpotLand® has a zero-tolerance spam policy.

Automated spam filtering

PhotoSpotLand® messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam.

Problems with spam filtering

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by PhotoSpotLand® systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

User spam

PhotoSpotLand® provides a facility that enables users to send email messages and private messages to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes.

Receipt of unwanted messages from PhotoSpotLand®

In the unlikely event that you receive any unwanted message (others from normal email communication and our newsletter, that you authorize by default when register to our website and/or mobile applications) from PhotoSpotLand® or sent using PhotoSpotLand® systems that may be considered to be spam, please contact PhotoSpotLand® using the details below and the matter will be investigated.

About this anti-spam policy

This anti-spam policy was made using a Contractology anti-spam policy document available at www.freenetlaw.com. Other precedents available from Contractology include consultancy terms and conditions forms.

Changes to this anti-spam policy

PhotoSpotLand® may amend this anti-spam policy at any time by publishing a new version on this website.

Contact us

Should you have any questions about this anti-spam policy, please contact PhotoSpotLand® using the email: info@photospotland.com

Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PhotoSpotLand® web site and /or mobile applications. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PhotoSpotLand® web site and/or mobile applications after it has been posted.
PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.

LINKING POLICY

Status of linking policy

PhotoSpotLand® welcomes links to the website and/or mobile applications made in accordance with the terms of this linking policy.
This linking policy is intended to assist you when linking to the website and/or mobile applications.

About this linking policy

This linking policy was made using a Contractology precedent available at www.freenetlaw.com. Premium Contractology templates include exclusive distribution contracts.

Links to this website

Links pointing to the website and/or mobile applications should not be misleading.
Appropriate link text should be always be used.
From time to time the URL structure of the website may be updated, and unless PhotoSpotLand® agrees in writing otherwise, all links should point to http://www.photospotland.com
You must not link to the website using any inline linking technique.
You must not frame the content of the website or use any similar technology in relation to the content of the website and/or mobile applications.

Links from this website

PhotoSpotLand® website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.
PhotoSpotLand® has no control over the contents of third party websites, and PhotoSpotLand® accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should PhotoSpotLand® request the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like PhotoSpotLand® to remove a link to your website that is included on this website, please contact PhotoSpotLand® using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Changes to this linking policy

PhotoSpotLand® may amend this linking policy at any time by publishing a new version on the website and/or mobile applications.

Contact us

Should you have any questions about this linking policy, please contact PhotoSpotLand® using the email: socialadmin@photospotland.com

Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the PhotoSpotLand® web site and /or mobile applications. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the PhotoSpotLand® web site and/or mobile applications after it has been posted.
PhotoSpotLand Ltd, 2 More London Riverside, 6th Floor, SE1 2RR, London, UK.