Regulations

General regulations

The Popholio Website is an Internet service dedicated to photographers. Having fulfilled the requirements included in Regulations hereof, each User may publish his Photographs and comment on Photographs of other Users in compliance with provisions presented further herein. These Regulations refer to the service available at the domain http://www.photo-exhibitions.com . The Administrator reserves the right to change these Regulations after having informed Users about it at the website http://www.photo-exhibitions.com 7 days in advance

The Owner of the website is Fotoferia http://www.fotoferia.pl.

 

 

Article I

Definitions

 

The following terms used in the Regulations are defined as listed below:

Analysis

A substantial Analysis of a Photograph submitted and published at the Website by another User , referring in a competent way to the artistic, content-related and technical aspects of a Photograph.

Author

A private person who is the author of Photographs presented at the Website.

Shoutbox

By using the shoutbox Users can exchange information, conduct, and invite other people to discuss a specific topic related to photography. Communication takes place in real time. Chat can provide educational role. Users with higher statuses will serve and assist novice users. The Website will invite persons who are well known in Photography to discuss different subjects.

Forum

Part of the Website where Website Users and Website Team publish posts

Photograph

A creative outcome of individual artistic activity, recorded in a digital format, published with permission of the Website User at the Website.

PSA Gallery

A part of the Website where Photographs preliminarily selected by Website Users are submitted by the Website Team, on the basis of compliance with highest technical and artistic standards.

Award's Gallery

A part of the Website for Photographs submitted by Users awarded in International Exhibitions by medals and Hm's.

Account

A User account maintained at the Website, uniquely named for each User (with his login). The account accumulates and stores all data provided by the User to the extent sanctioned by law, by the rules of the Website and the Regulations hereof.

Premium Account

An account a User is charged for with an annual payment. It is an extended version of the Account and it allows for:

- a larger number of publications: 7 slots for photographs in Public Gallery and 20 in Modelling Gallery per week throughout the entire period of the account validity

- larger size of photographs (up to 1200 pixels) - larger size of panoramas (up to 1800 pixels) The Premium Account can be purchased here link 

-  100 photos in Private Gallery

Users statuses

The administration reserves the right to advance to the recognition of amateur / photographer taking into account the user's photographic achievements presented at the Website, and user activity (voting activity, the quality of comments written analysis). Failure to comply to Webiste Regulations may result in the withdrawal of promotion.

Debutant

This User Status is awarded to a new Website User after he completes completion of the Registration process. 

Amateur

This User Status is awarded to User after achieving 500 points on the Portal. 

SPEC

This User Status is awarded to User after achieving 2000 points on the Portal.

PRO

This User Status is awarded to User after achieving 5000 points on the Portal.

ART

This User Status is awarded to User after achieving 10000 points on the Portal.

 

Regulations

The regulations hereof.

Registration

Procedure of opening an Account at the Website.

Act

Copyright and Related Rights Act of 4th February 1994 (original text: Journal of Laws 1994 No. 24 item 83).

User

A subject , private or corporate person, who fulfills the requirements defined herein, who registered at the Website and accepted the Regulations hereof and as a result is publishing his Photographs, or Photographs he has full unlimited copyright to, at the Website pages, using the Website finctionalities.

Administration

Administrator

The subject responsible for the proper functioning of the Website, in particular the upload of Photographs, Analysis and Users’ comments, supervising the fulfilment of technical requirements of the Website, moderating discussions at the Website in compliance with respect for personal rights of Users and other legally protected values and ensuring high artistic standards of the Website. 

Moderator

A person given special rigths to enforce the rules on the Website

Supporting Team

The owner, the Administrator and individuals contributing to the development of the Website.

 

Article II

Conditions of participation

1. The Website may be used by individuals over 18 years of age, in possession of full legal capacity, and by bodies incorporated or unincorporated to the extent of the copyright transferred to them by the Authors.

2. Private persons who are underage but over 13 years of age may become the Website Users within the extent to which they may assume obligations or exercise their rights in compliance with current legal provisions.

3. The User registers at the Website. After a successful Registration, the Website generates a User Account attributed to the name (login) provided by the User along with the password attributed to the login and chosen by the User. The User gets access to his Account after providing his name and password at the Website (i.e. after logging in).

4. The User must not use another Users’ Accounts or make his Account available to third parties.

5. Participation in the Website is conditioned by the User’s possession of copyrights - as defined by the appropriate Act – to Photographs published by him at the Website. Photographs published by Users at the Website must not violate any rights of third parties, especially the legally protected personal rights. Each User agrees to obtain appropriate consent from persons whose image he publicizes at the Website.

6. The Website Team reserves the right to delete from the Website all Photographs, Analyses and comments comprising content that might violate anybody’s objectively defined personal rights, religious feelings or general decency, or would in any other way violate the provisions hereof.

7. Photographs, Analyses and comments published at the Website must not jeopardize the Website’s reputation in any way. In case of violation of this regulation, the Website Team reserves the right to delete such Photographs, Analyses and comments, and to take any necessary and legally sanctioned steps against such violation. .

8. It is the User’s sole liability for any claims from third parties related to violation of copyrights, author’s personal rights or any other rights of third parties resulting from using the Website and publishing his Photographs at the Website. In consideration of the above, the owner or entity having a legal title to the Website is absolved from any liability for claims of third parties resulting from violation of the copyrights, personal rights or other rights of these parties. Should any third parties assert claims due to the violation of their rights by publication by a User of a Photograph, Analysis or comments at the Website, the User agrees to accept sole liability for all costs of the potential court proceedings, costs of court representation and of compensations awarded under a court sentence or agreed on in a settlement. .

9. The user declare:

A) To only use the Website for lawful purposes and that any information that User provides in connection with, or which forms part of, The Website will be, as far as you User awares, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and anything that may bring offence you agree to indemnify the Website against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

B) Not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed).

C) Do not carry out retaliatory voting or other actions against other users of the website

D) Do not publish on the Website Photography which violates the boundaries of good taste, profanity and which contains racist and pornographic material

 

10. The User, which does not apply to these Regulations receives a warning from Administration. In case of continuing acts inconsistent with the Rules of User's account may be blocked for a specified period 7 to 14 days or in case of drastic violations indefinitely. There is also the possibility of blocking the publication of content (comments, Analysis, posts on the Forum) - NON POST ban

 

Article III

Privacy and personal data

1. The Website gathers and processes personal data provided by Users in compliance with legal provisions in force in the Republic of Poland, and in particular in compliance with regulations of the Act from 29th August 1997 on personal data protection (Journal of Laws 1997 no. 133 item 883).

2. In order to ensure the privacy of the Users, the Website does not grant access to personal data of a User to other Users.

3. Each User may demand at any time to have his personal data, processed at the Website, updated, changed or deleted by the Website Team.

Article IV

Using the Website

1. Using the Website is free. A User who wants do upgrade his Account by uploading larger files in greater numbers per week, can purchase the Premium Account service, which is an Account upgraded with a package of additional services. 

2. In order to access the Website one has to register. Registering a User is possible after providing his personal data and being accepted by the Website Team. The data required to complete the Registration process are included in the Registration form.

3. By using the Website the User expresses his irrevocable approval of the Website Regulations hereof.

4. The rules of granting the Users with rights to publish works, to comment, recommend and evaluate other Users’ works are regulated by the rules of using the Website, accessible at the FAQ pages. .

5. Each user grants the subject having legal rights to the Website a free non-exclusive license to publish Photographs, Analyses and comments of his authorship for the duration of time when he is registered as the Website User. The aforementioned license shall comprise the following: publication of Photographs, Analyses and comments at the Website, making Photographs, Analyses and comments available to the public in order to popularize and advertise the Website, however in a way that will not violate the Users’ personal rights and copyrights, and other legally protected rights.

6. The User cannot publish advertising materials at the Website. However, the Website reserves the right to publish advertising materials at the Website pages on grounds of separate agreements, which may also be drawn up with Website Users.

7. The User may cease to use his account at any time The User hereby agrees to grant a free non-exclusive license to the Website owners to use the aforementioned materials stored in the archive solely in educational purposes related to the evaluation system used at the Website. This license is binding in terms of using and publishing the Photographs, Analyses and comments. The Website Team will delete all Photographs, Analyses and comments indicated by the User; in such case the Website Team must be notified two weeks in advance about the User’s request by an e-mail sent to the following address: team@fotoferia.pl.

8. Photographs, Analyses and comments stored in the archive will be used by the Website only to document the evaluation scheme of the Photograph in question. The Website will not benefit financially in any way from publication of these Photographs, Analyses or comments.

 

Article V

The Website Administration

1. The Website is a moderated Internet service, which means that the Administrator can delete Photographs, Analyses and comments. The User may contact the Administrator by sending an e-mail to the following address: team@fotoferia.pl..

2. The Administrator hereby agrees to exercise due diligence in order to ensure the proper functioning of the Website. .

3. The Administrator is not liable for damages or profits loss resulting from:

- software, technological and/or technical errors in the functioning of the Website and in consequence the distorted perception of the published Photographs,

- a temporary suspension of the functioning of the Website,

- incorrect use of the Website by Users,

- granting  access to their accounts to third parties or other Website Users by the accounts’ owners, 

- making the User accounts’ access data available to third parties, 

- loss of Photographs, Analyses and comments published at the Website by the User,

- the type of content published by Users at the Website, 

- termination of the Website

Article VI

Final provisions

1. The Website Team may change the Regulations and implement a new version of services provided within the Website. Such a change shall become effective at the date defined by the Website, which will not be sooner  than 7 days from the date of making the changed Regulations available at the Website. Continuation of  using the Website by a User following  such a change will be, in case of any doubt, considered as approval of  the changed regulations of the Website. 

2. The Regulations shall become effective at the moment of publication at the Website. 

3. In the event of cancellation of any of the provisions in the Regulations  hereof, the remaining provisions hereof shall remain effective, unless it is obvious under the circumstances that without the cancelled provisions the Regulations are null and void. 

4. The Website Team  makes a commitment to resolve all disputes related to the use of this Website amicably. 

5. The Website Team reserves the right to:  

- shut down the website without prior notification,  

- introduce changes to available functionalities, introduce new functionalities as well as to delete them  and to terminate the provision of services after having  informed the Users about it at the Website. 

6. All conflicts related to the use of the Website shall come under  Polish law. All disputes related to the use of the Website shall be resolved  by  Polish common courts of proper jurisdiction. 

7. The name of the Website, the graphical design of the Website and the contents published by the Website Team at the Website are legally protected.

   

 

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