Terms & Conditions
Welcome to phmuseum.com. This page, together with the documents referred to on it, sets out the terms and conditions of the services provided on our website.
These terms and conditions apply between you, the user, and PHmuseum Srl (company number 03908051208) (PHmuseum), the Bologna, Italy based company that owns and operates the phmuseum.com website (Site), all the related websites, services, the PHmuseum and Photographic Museum of Humanity trademarks. By accessing and using the Site you accept and agree to be bound by these terms and conditions (Terms).
Before using any of the PHmuseum Ltd services or creating an account, please ensure you read carefully and understand these terms and conditions. If you have any questions, please contact email@example.com. If you do not agree with these Terms please do not use our Site.
1. INTRODUCTION & DEFINED TERMS
1.1 PHmuseum is an online community that enables registered users that upgrade their account as photographers (Photographers) to upload and showcase photographs (Images) and multimedia videos (Multimedia), and organise them in visual stories on the Site (Visual Stories).
1.2 PHmuseum provides services (Services) allowing registered users that upgrade their account as photo editors (Photo Editors) to make offers (Offers) to purchase from Photographers the right to use and reproduce those Images and Multimedia (Photo Licence).
1.3 The Photo Licence shall form a contract between the Photographer and the Photo Editor, to reproduce the Image(s) or Multimedia for a specific publication (Media).
1.4 Visitors and registered users can browse the Images and Multimedia and read about photography in the News section (News).
1.5 Registered users can comment, message and follow Photographers, Photo Editors and other registered users, like and share Images, Multimedia and posts by other users, post images and embedded videos to their activity feed, send private messages to other users and make comments on other users posts. Registered users may also upload software, files, text, users comments, private messages, information, data, graphics, blog articles, photographs, images, illustrations and other content (Content).
1.6 Registered users may pay to access the Advance Search function and other premium Services (Premium Services), enabling them to search for Images, Multimedia and Photographers according to the specific criteria and parameters.
1.7 All Services are designed to produce accurate results, but we cannot guarantee any specific results from searches or the accuracy of information related to specific Images and Multimedia.
2. ACCOUNTS & REGISTRATION
2.1 To access certain features of the Site, you must register an account providing the information requested on the Site (including full name, email address, date of birth), selecting a username and creating a password, or via your existing account details with an approved social network (such as Facebook).
2.2 To access other features of the Site, you must register an upgraded account as either a Photographer or Photo Editor, and comply with the specific terms that apply to Photographers and Photo Editors respectively (see below).
2.3 We may accept, reject, suspend or remove any registration (or to select another username) in our absolute discretion and without any recourse.
2.4 You acknowledge that PHmuseum and other users rely on the accuracy and completeness of information provided by you during the registration process, including confirming email address, age and legal authority to use the Site and Services. You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases, impersonate or create a username that is not lawfully available for use any other person (with or without their consent) while using the Site.
2.5 You must use your username and password to access the Site. It is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
3. CONDITIONS OF USE
3.1 It is a condition of using the Site and the Services that:
a) You are over the age of 18;
b) You have authority to use the payment method used to subscribe to any Premium Services and complete acquisition of any Photo Licence or other rights of reproduction to Images or Multimedia;
c) You register on the Site to view and/or display and/or acquire or licence the rights of reproduction of Images or Multimedia;
d) You only use the Site for lawful purposes and for the purposes reasonably intended by PHmuseum;
e) You are not breaking any local, state, national or international law in your relevant jurisdiction by accessing this Site or in reproduction of Images once rights are acquired; and
f) You do not create false aliases or impersonate any other person, or misrepresent any affiliation, endorsement or association with them (with or without their consent) while using the Site; and
g) You do not breach any of the Terms.
3.2 You are solely responsible for your Content and warrant that your Content is accurate, complete, honest and genuine and within your legal rights to use on the Site. You acknowledge that your Content may be made publicly available and that we are not responsible for editing or monitoring any Content. We may modify the format, layout, language, size and metadata of any Content, although we will endeavour not to change the meaning of your expression.
4. CODE OF CONDUCT
4.1 It is a condition of using the Site, posting any Images and any Services that you:
a) treat the Site and its users with respect and courtesy;
b) do not create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any other person;
c) do not create a risk of any other loss or damage to any person or property;
d) involve any pornographic, sexual activity, lewd, vulgar, obscene, improper, indecent or offensive behaviour;
e) are not harmful, abusive, racially, hateful, ethnically or religiously offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, invasive of privacy, humiliating to other people (publicly or otherwise), tortious, defamatory, libellous, threatening, profane, or otherwise objectionable;
f) do not harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
g) do not upload or transmit material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.2 You must not use the Site or Services to:
a) manipulate identifiers in order to disguise the origin of any Images;
b) undertake any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
c) interfere with or disrupt the Site, Services or related servers or networks, or disobey any requirements, procedures, policies or regulations of connected networks, including using any device, software or routine to bypass our robot exclusion headers;
4.3 Except for Offers, all commercial messages are strictly prohibited and you must not without our written consent:
a) advertise products, services, other sites, companies or causes, or contact users in order to do so;
b) contact our users with promotions, offers to join other sites, services or organizations or donate money, without the written consent of Photographic Museum of Humanity.
c) create multiple accounts for the purpose of voting for photographs or images and artificially inﬂate or alter results on the Site or other Services, giving or receiving money or other compensation, or any other organised effort that in any way artificially alters the results of Services;
d) promote or sell images or other content of another person, sell or otherwise transfer your account.
4.4 We reserve the right to suspend or cancel your registration (without refund) if we form the view that you have breached any of the above conditions, including following report from another user.
5. RESPONSIBILITIES & OTHER USERS
5.1 Whilst we aim to ensure the rights of Photographers and Photo Editors are protected, we do not accept any responsibility or legal liability whatsoever for any act or omission of any Photographer, Photo Editor or other user arising from or in connection with use of the Site, Images or Multimedia.
5.2 PHmuseum does not take ownership of any Images or Multimedia and all copyright and intellectual property of Images and Multimedia remain the property of the Photographers.
5.3 You may enforce any of these Terms against another user directly, including in respect of Images and Multimedia. These Terms shall apply to any contract between a Photo Editor and a Photographer created via the Site.
5.4 Whilst we may assist with the resolution of any complaint or dispute relating to Content, Images or Multimedia, you acknowledge that any legal recourse arising from or in connection with Content, Images or Multimedia, whether for breach of contract or otherwise, is against a Photo Editor, Photographer or other user (as applicable) and not against PHmuseum, notwithstanding anything to the contrary in these Terms or on the Site.
5.5 You must cooperate with us and comply with all reasonable requirements relating to your use of the Site and any Services, including information relating to Content, Images and Multimedia.
6. PHOTOGRAPHER TERMS
6.1 Account & Status
a) If you want to upgrade your account as a Photographer, you will be requested to present a link to your portfolio, which our team will review. In case of a positive feedback, your account will be upgraded to a Photographer and you will be able to upload images or other Multimedia, organise them in Visual Stories on your profile and receive Offers. In case of a negative feedback, you may be given the opportunity to upgrade again after 180 days.
b) Each Photographer is independent from PHmuseum and not an employee of PHmuseum.
c) We may require Photographers to present their portfolio or submit Images to demonstrate their copyright or authorship, together with the professional and technical expertise necessary to join our community of Photographers.
d) A Photographer shall indemnify each Photo Editor and PHmuseum against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any liability, deduction, contribution, assessment or claim arising from or in connection with use of the Site and any Images provided by the Photographer.
6.2 Responsibility For Images & Content
a) Each Photographer represents and warrants that:
i. any Images and Multimedia are compliant with these Terms and not illegal;
ii. any Images and Multimedia are their own original work (or the Photographer has the rights to exploit the Images via the Site); they are the sole and absolute owner of all intellectual property rights in their Images and Multimedia or otherwise have the full right, authority and capacity to Licence the Images for the purposes of the Site; and
iii. reproduction or use of the Images shall not infringe any patent, trademark, trade secret, copyright or other intellectual property (including moral rights), contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or other third party rights.
b) Images and Multimedia displayed by any Photographer (or any other user) do not necessarily reflect the views of PHmuseum.
c) Photographers are responsible for all Images, Multimedia and related stories, descriptions content, information and communications published on, sent via or in connection with the Site and warrant that information is accurate, complete, honest and genuine and within their legal rights to use on the Site. Each Photographer acknowledges that such content may be made publicly available and that we are not responsible for editing or monitoring such content. We may modify the format, layout, language, size and metadata of such content, although we will endeavour not to change the meaning of your expression.
d) We may include sponsored content and advertisements on the Site, including near Images, Multimedia, Content and communications, without compensation to any user.
e) We reserve the right to delete any Images, Multimedia or other Content in our absolute discretion.
8. PAYMENTS & VAT
a) PHmuseum may charge Photographers, Photo Editors and other registered users additional fees and charges for Premium Services as specified on the Site, including for Advanced Searches and other Services.
b) If any payment pursuant to these Terms is subject to VAT or other sales tax, the payment due shall increase by an amount equal to the tax chargeable. In particular, VAT shall apply to all Services and Photo Licences purchased by Photo Editors having a billing address in the UK or EU.
c) Payments must be made in advance by credit card or any other payment method specified on the Site (such as Stripe or PayPal). Surcharges may apply for certain payment methods. With respect to payment details registered on your account (if any), you warrant and represent that there are sufficient funds to pay for any payments under these Terms.
9. SITE AVAILABILITY
10.1 You acknowledge that we are not required to keep the Site available for your use and we make no guarantees, implied or express, as to the ongoing availability of the Site.
10.2 We accept no responsibility for any unavailability of this Site and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.
10. INTELLECTUAL PROPERTY
10.1 Without the express written permission of PHmuseum, you shall not copy the Site for your own commercial purposes, including replicating all or part of the Site in anyway or incorporating all or part of the Site in any other webpage, website, Site, application, other digital, non-digital format, source code, product recipes, usage data, ideas, enhancements, feature requests or suggestions.
10.2 Photographers grants PHmuseum a non–exclusive, perpetual, non–transferable, royalty free and worldwide licence to use, for the purposes of the Site, promoting and marketing its business the copyright and other intellectual property in the Images. Subject to these Terms and any Photo Licence, all copyright and intellectual property of the Images remain the property of the Photographers.
11. THIRD PARTY WEBSITES & ADVERTISING
11.1 The Site may from time-to-time contain information & advertising from third-party businesses, people & websites (Third Parties). You consent to receiving this information as part of your use of the Site.
11.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
11.3 PHmuseum has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PHmuseum of the site. Use of any such linked web site is at the user’s own risk.
12. LIMITATION OF LIABILITY & INDEMNITY
12.1 You agree that you use the Site and any Content at your own risk.
12.2 You acknowledge that we are not responsible for the conduct or activities of any user and that we are not liable for such under any circumstances.
12.3 If you are provided with a username and password to access the Site, it is your responsibility to keep your username and password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.
12.4 PHmuseum does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on its Site or otherwise relating to such materials or on any sites linked to this Site. You acknowledge that in using the Site and the Content you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
12.5 You agree to indemnify and hold us harmless against any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of these Terms, violation of any third party rights or any applicable law.
12.6 Each user shall indemnify PHmuseum against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any Content or relating to use of the Site.
12.7 In no circumstances will PHmuseum be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not PHmuseum knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise
12.8 Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law.
12.9 This clause operates for the benefit of PHmuseum, its agents, employees, officers, suppliers and affiliates, but otherwise a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms, provided that this clause does not affect a right or remedy of a person which otherwise exists or is available.
14.1 We may end the agreement formed by the Terms immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Site.
14.2 Registered users may terminate their accounts and use of the Site on at least 14 days notice.
14.3 We may cancel your use of the Site at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Site should you receive a notice cancelling your licence to use the Site.
15.1 You can contact our team by email at firstname.lastname@example.org and email@example.com
15.2 You can direct notices, enquiries, complaints and so forth to PHmuseum using any other details published on the Site. We will notify you of a change of details from time-to-time by publishing new details on the Site.
15.3 We will send you notices and other correspondence to the email address that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.
15.4 A consent, notice or communication under these Terms is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
16.1 PHmuseum may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
16.2 PHmuseum may in its absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
16.3 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
16.4 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.
16.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
16.6 These Terms and any non-contractual obligations arising therefrom are governed by the laws of England & Wales and you submit to the non-exclusive jurisdiction of the courts in England.
Bologna, 1 January 2021