Terms and Conditions of Use

V1.1/2021

1. Definitions and terms

SC Photomuse Image SRL also known as:  „photomuse.net”, „ Photomuse” „Administrator” – Romanian legal person, having social headquarters in Craiova, G-ral. Eremia Grigorescu no.16, with J16/2091/2019 as serial number in the Trade Register, unique fiscal registration code 41429892, TVA Vies code RO42592986;

Platform/Site – online shop hosted by web address photomuse.net, property of SC Photomuse Image SRL;

User/Client – any individual having the age over 18 or legal person registered on the Website, which, by finalizing the creation process of the Account, has given his agreement regarding the specific Website clauses in the section Terms and Conditions for using the platform;

Terms and Conditions for using the Platform – the rules guidebook that govern the website shown to the users before they can create an account username;

Document/Accord/Contract – the present Terms and Conditions for using the platform;

Contract – represents the distance contract signed between Contributor and Photomuse, and between the Buyer and Photomuse without having the parties physically present, document which details the rights and obligations of the parties for selling and using DIAS(Digital Assets) by using the Platform;

Account username/Account – the section of the Website consisting of an e-mail address and a password. Along with opening an account the User agrees with the Terms and Conditions for using the Website. The User is responsible and will ensure that all information added when creating the Account is correct, complete and updated;

Contributor/seller/vendor – any individual that has the age over 18, legal person or any legal entity, owner of a Digital Asset, which, by agreeing to the terms and conditions for using the photomuse.net platform and by signing/accepting a Contract, gives Photomuse the right to sell, to bill and to collect the digital product equivalent in exchange for a commission;

Commission

Commission – fix percentage from the value of a product, which Photomuse agrees to pay the Contributor stated in terms and conditions mentioned in the Contract;

Product/Digital Asset(DiAs)/Digital Media product (DMP) digital content (static image, photo, audio or video file) which is uploaded on the platform by the Contributor as a digital file/archive, followed by one or more licenses to use and by a series of specifications which are validated by the Administrator;

Specifications – are “text” format information loaded on the Platform by the Contributor for every Product that is for sale;

License  represents the right to use the digital product given to the buyer, including the license duration and also details regarding exceptions, interdictions, limitations and obligations of the buyer after the purchase regarding the using of DIAS.

Any product sold on the Platform is accompanied by at least one of the 4 license types offered by PHOTOMUSE having the following acronyms:

A. EDCULT – is a license which has a limited duration: 7 years from the acquisition date;

B. CREATIVE – is a license which has a limited duration: 7 years from the acquisition date;

C. COMERCIAL – is an unlimited duration license;

D. EXTENDED – is an unlimited duration license;

The name of the acquisition license is mentioned on the product bill;

The products that can be downloaded for free from the Platform can be used exclusively mentioned in the EDCULT license. For any other use it is necessary to purchase the proper license.

Buyer  any individual with the age over 18, legal person or any other legal entity which creates an Account on the Website and makes an Order.

Shopping cart – is a section on the Account which allows the Buyer to add products which he desires to purchase;

Content– represents:

  • All the information on the Website that can be visited, visualized, or accessed by using an electronic equipment;
  • The content of any e-mail sent to the client by Photomuse by electronic and/or other agreed means of communication;
  • Any communicated information by any means by the employee/collaborator of Photomuse, to the Users, according to the contact information;
  • Information regarding Products and/or rates charged by Photomuse;
  • Data regarding Photomuse or other data which belong to it.

Question/communication – the way to address Photomuse for obtaining information about Products or Transactions;

Transaction receiving or reimbursing of an amount resulting from selling a product by Photomuse to the Buyer or Contributor, by using card processor services agreed by Photomuse or by bank transfer;

Delivery – communicate to the Buyer an available link for downloading the purchased product;

  1. Contract documents

This document “Terms and conditions for using the platform” has the following annexes which we recommend you read carefully:

  1. Website policy for online selling – Overview

3.1  By using this Website and by uploading/downloading any material you agree to respect this Document. This Document is available for you and, if you use this Platform for your clients, for you and all your clients. We reserve the right to modify this Document at any time without further notice. We reserve the right to update/modify content as necessary;

3.2 By using this Website or by downloading, uploading or using any media support listed on PHOTOMUSE.NET, you confirm that you read, understood and agreed to respect the content of the present agreement.

In case you don’t agree with what is mentioned here, we ask you to stop using and deleting all data/files that you have downloaded from the site;

3.3 In case PHOTOMUSE.NET provides a English/other language translation of the Romanian original version of the Website functions or the Website, then you agree that the translation is provided just to facilitate your access and the Romanian version will determine your relationship with PHOTOMUSE.NET. If there is any contradiction between the Romanian version and its translation in another language, the Romanian language will have priority.

3.4 Photomuse can use automated translation processes over which it has no control and consequently disclaims any responsibility for any failure to translate or any inexact content, misleading, slanderous, offensive or illegal created as a consequence or resulting from this kind of automated translation process.

3.5 The contract signed between Photomuse and the Buyer is available for the duration of the acquired license. The License type is specified on the purchased product bill. License details are presented in “PhM.3. Photomuse licenses and DiAs sizes” annex.

3.6 PHOTOMUSE.NET can revoke, without notification, the License/Licenses given for the purchased product if you don’t respect any legal provision of this Document. If a License is revoked you agree to interrupt immediately the use of this, to delete the Digital Asset that was copied/downloaded from PHOTOMUSE.NET and also all the copies from all the media supports and to destroy all other copies, as soon as you receive a written notice from PHOTOMUSE.NET;

3.7 PHOTOMUSE.NET can restrict or forbid your access to the website at any moment in case of a violation of any clause of the present agreement.

3.8 The Website can include media materials and historical and cultural important texts, which can contain subjects that reflect attitudes and social circumstances of any moment or location. Searching for a product on the Website can show results with content that may seem inadequate to the context or texts that may be considered offensive. You are fully responsible to determine if using any product purchased on the Website necessitates the agreement of any third party or the license of additional rights and you don’t have to exclusively rely on the information provided by PHOTOMUSE.NET, information that can be taken from the Contributors. Before purchasing a license on the Website, if you aren’t sure that additional third party rights are necessary for using the license we recommend you address Photomuse or to consult independent professionals specialized in managing author/property intellectual rights, in order to avoid any further judicial disputes.

3.9 PHOTOMUSE.NET makes reasonable efforts to comply with and resolve issues related to copyright and national and international trademarks, to identify and resolve any violation of copyright or trademarks in the case of Products offered for sale on the Website. If you found a Product that is subject to such a violation, please notify PHOTOMUSE.NET in writing so that we can take appropriate action, by providing relevant details and justifications;

3.10 Responsibility for the products uploaded to the Website goes entirely to the Contributor, who is the one who undertakes by this Agreement to own all copyrights on the content submitted.

3.11 By using the Website and the services provided through it, you declare that you understand, acknowledge and appropriate the following: 

3.11.1 PHOTOMUSE.NET offers access to an online service through which it sells its own Digital Assets  or provided by Contributors;

3.11.2 Contributors upload to the Website the products they intend to sell, following the steps and instructions provided by the Website. The products will be accepted for sale on the Website after a qualitative evaluation performed by PHOTOMUSE.NET employees / representatives and will be stored on secure storage media AWS-Amazon, with the care and expense of PHOTOMUSE.NET. The digital content uploaded to the Website that will not be accepted for sale will be deleted from the Website immediately after its qualitative evaluation;

3.11.3 Any changes to the media content uploaded by PHOTOMUSE.NET users, such as the addition of a PHOTOMUSE.NET watermark, are accepted by the contributor. PHOTOMUSE.NET is not responsible for changes that occur to posted products as part of its automated posting process;

3.11.4 Any verification made by PHOTOMUSE.NET representatives of the digital content uploaded to the Site, before making the Products available to the public, is concise and is intended only to identify immediately obvious violations of this Document and/or legal/moral rules. Consequently, and despite access control, the Contributor uploading a Product will be considered its owner and will accept that this digital content is hosted on the servers/storage spaces of/rented by PHOTOMUSE.NET;

3.11.5  PHOTOMUSE.NET does not allow or encourage Contributors registered on the Website to upload digital content that violates any right that belongs to a third party. Uploading digital materials that violate the rights of third parties constitutes a direct violation of this document and will require the suspension and/or termination, if applicable, of the Contributor’s account;

3.11.6 In relation to contributors, PHOTOMUSE.NET is in good faith and assumes that once the digital content is uploaded to the Website and the appropriate section is selected, the Contributor holding the Website user account is the sole owner of all copyright/ownership on digital content. Any suspicion will cause PHOTOMUSE.NET employees/representatives to apply sub-clause 3.11.5;

3.11.7 If a Product does not have an obvious own marking indicating an exclusive owner, PHOTOMUSE.NET cannot be held responsible/accused of having acted in order to prevent the violation of the rights of third parties. PHOTOMUSE.NET relies entirely on notifications submitted by third parties to identify situations in which their rights have been violated;

3.11.8 If a Contributor violates the rights of a third party as a result of offering a Product for sale on the Website, that Contributor is solely responsible for such infringement and PHOTOMUSE.NET will act immediately by applying sub-clause 3.11.5;

3.11.9 You may use the name “photomuse.net” or references to the Website, provided that you indicate the source, for any legal promotion or advertising, without the written consent of Photomuse. The use of the name “photomuse.net” in publications containing content intended exclusively for adults, in defamatory articles or in unsolicited electronic communications is prohibited. Photomuse reserves the right to revoke this authorization if it becomes aware of any misuse of the name “photomuse.net” or its associated trademarks.

4. Licenses associated with the sold Products
4.1 The licenses associated with the Products sold by Photomuse are described in the document PhM.3. Photomuse licenses and DiAs sizes”, annex of this Document.

5. Ordering products / How to order

5.1 The Digital Products available on the Website can be ordered by the holders of a user account on the photomuse.net platform;

5.2 The online ordering process of the Product is the usual one: being logged on the user account, select the desired product and click on the “Add to cart” button. After adding the products to the cart, you will be automatically directed to the shopping cart page, where you can review the list of products; 

5.3 By finalizing the Order, the Buyer agrees that all data provided, necessary for the purchase process, are correct, complete and real at the date of placing the Order.

6. Payment for purchased products

6.1 Payment for purchased products is made exclusively by bank card, through the Stripe payment processor;

6.2 The prices displayed on the platform can be viewed in euros or in local currency (valid for Romania and for certain countries). Prices displayed in local currency represent an equivalent of the value invoiced in euros, using the BNR(Romania National Bank) exchange rate. This equivalence is for information only, your bank may apply different values to calculate the conversion from the euro to another currency.

6.3 After you have entered the information necessary to make the payment, before purchasing the product, you must confirm that you agree with this Document governing the commercial activity of the Platform.

7. Delivery of purchased products

7.1 After completing the order and processing the payment, the Buyer receives on the e-mail address corresponding to the user account, the link necessary to download the product;

7.2 The purchased product is also highlighted in the User’s account in the “Purchase history” section where the invoice and the link necessary to download the product are available;

7.3 The Buyer undertakes to download and save the Product purchased on its own storage place within 30 days after the payment;

7.4 After the expiration of this term, Photomuse has no obligation to the Buyer in connection with the availability of the link that allows the download of the purchased product;

7.5 By sending the Order, the Buyer agrees to receive the invoices in electronic format, which are added to the User’s Account;

7.6 In order to complete and correctly communicate the invoice related to the Order, the Buyer has the obligations to update the data in his Account whenever necessary..

8. Return of purchased products

8.1 Purchased products can be returned within 14 calendar days after the purchase only if the Buyer finds that the downloaded product is not the same as the one viewed (has different content) and selected on the Platform or the parameters of the purchased and downloaded digital product are lower the minimum parameters described in the annex “PhM.3. Photomuse licenses and DIAS dimensions”;

8.2 In view of the national and European legal regulations in force regarding the sale of digital content that is not delivered on material media, the Buyer understands that for any reason invoked, other than those mentioned in art. 8.1, the purchased products may NOT be returned (amounts paid are not refundable);

The return involves a communication sent by the Buyer to Photomuse, detailing the reasons invoked.

8.3 Photomuse may accept the return request or refuse it if the reasons for the return do not fall within the provisions of clause 8.1;

8.4 In case the return is accepted, Photomuse will refund the amount collected from the buyer to the account from which the payment was made within a maximum of 5 working days.

9. Copyright, intellectual and industrial property rights

9.1 The User is not permitted to copy, publish, distribute, transfer to third parties, modify and/or include any Content in any context other than the original intended by PHOTOMUSE, except for purchased products for which the Buyer has the right to use the product in accordance with the license purchased in accordance with the details in Annex „PhM.3. Photomuse licenses and DIAS dimensions”;

9.2. It’s prohibited any use of the Content for purposes other than those expressly permitted by this Agreement or the License of Use that accompanies each purchased product.

9.3 Photomuse offers users products that can be downloaded for free. They are available in the “Free Download” Product Category and may be used by the user only under the conditions and with the limitations / restrictions provided by the EDCULT license;

9.4 Photomuse is entitled to claim compensation in the event that it finds that a product purchased/downloaded from the Website is not used in accordance with the rights and limitations imposed by the purchased license. 

10. Personal data processing

10.1 Your personal data is collected and processed in accordance with Regulation (EU) 2016/679 (“General Data Protection Regulation” or “GDPR”), as well as with the legislation applicable in Romania.

In the Annex “PhM.1.Personal data protection“, part of this document, we have explicitly and transparently detailed how we collect, use, transfer and protect your personal data when you interact with us in connection with the products offered on the Platform.

11. Confidentiality

11.1 Photomuse will maintain the confidentiality of any information you provide. The disclosure of the information provided will be made only in the situations provided by the legislation in force and under the conditions mentioned in this Document;

11.2 By transmitting information or materials through this Website, you give Photomuse unrestricted and irrevocable access to them, the right to use, reproduce, display, modify, transmit and distribute such materials or information. You also agree that Photomuse may freely use, in its own interest, this information, concepts that you have sent us through the Platform. Photomuse will not be subject to obligations regarding the confidentiality of the information sent, unless the legislation in force does not provide for other regulations in this regard;

11.3 Any public statement, promotion, press release or any other means of disclosure to third parties may be made by the User regarding the Order/Contract only with the prior written consent of Photomuse.

12. Cookie Policy

12.1 See Annex PhM.2.Privacy&Cookie Policy”, which is part of this Document

13. Communication – Notifications between parties

13.1 In the acceptance of the Contracting Parties, any notification addressed by one of them to the other shall be validly fulfilled if it is sent in writing, by e-mail. The notification sent by e-mail shall be deemed to have been received on the first working day following that on which it was sent.

14. Liability limitation

14.1 Despite our efforts to provide accurate information, this Website may contain technical or other errors, inaccuracies or typographical errors.

The content of the Website and the Website itself may be revised/updated without prior notice to users;

14.2 Photomuse does not guarantee that the Website as a whole or the products displayed on the Website will meet the expectations and requirements of the user and cannot guarantee that the use and operation of the Website will be perfect;

14.3 Photomuse through its employees, management, shareholders cannot be held liable for possible damages resulting from the operation or closure of the Website, such as loss of information, alleged financial loss, infringement of intellectual property rights or any other infringements due / attributable to third parties . Photomuse’s total liability for damages resulting from the use of the Website in cash equivalent is limited to the value of the share capital;

14.4 Photomuse periodically updates technical, content and other information on the Website. However, Photomuse cannot fully guarantee the completeness, accuracy and conformity of the information provided on the Website. Photomuse may add, review or delete information, resources and services posted on the Website at any time without notice. Photomuse also reserves the right to make changes to the Website without prior notice, except as expressly provided in this Document;

14.5 Photomuse is not responsible and does not assume any responsibility related to the activity of any malicious software that affects the operation of the Website, the presence of computer viruses or other elements with malicious code, the presence of destructive or insecure files that may be distributed or which affects the user’s software and hardware. Photomuse encourages the use of antivirus software or other protection programs when the User browses the Internet;

14.6 The deletion of a user account can only be done permanently if the account has not registered any activity until the date of the deletion request. Accounts for which deletion is requested and activity logging (product posts, transactions, etc.) will be blocked and archived on our servers for future reference. Access to these accounts is limited and is provided only to staffs who administer the Platform for legal purposes.

15. Applicable law -Jurisdiction

15.1 This contract is subject to the laws of Romania. Any disputes arising from the interpretation and execution of this contract will be settled amicably, and if no agreement is reached in this way, the competent courts will be called.

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