GENERAL TERMS AND CONDITIONS
Welcome to the Patapic.com Platform.
Patapic.com is a web-based digital platform for author photography that aims to sell original photographic images and graphic designs. This page contains the terms of use under which you can access and use the Platform (the “Terms of Use”). The platform has been developed and is the exclusive intellectual property of the photographer Petya Angelova, who is also the site administrator. By accepting these General Terms and Conditions, you declare and agree that you are in a contractual relationship with photographer Petya Angelova (hereinafter “Service Provider”).
1. DEFINITIONS
“Service Provider” is the natural person Petya Angelova
“Platform“ means the Patapic.com web-based digital platform for copyrighted photography and images, which you can purchase or use for free.
“Us“ or “We“ means the Patapic.com Platform, in accordance with the various possible cases described in these General Terms and Conditions.
“User“ means any natural or legal person who searches, views or uses the Platform and has access to it through a registered personal User Account.
“Active User“ means any natural or legal person who uses, for a free, photographs, which are part of the Platform.
“User Account“ means the personal profile of a User, which is required to access the services of the Platform.
“Database“ means the textual and photographic material contained on the Platform.
“Service/Services“ means the information and functionalities that the Platform offers to each User.
2. AGREEMENT
By clicking on the checkbox “I agree” or another similar one – Registration, Access or Use of Services, you enter into a legally binding agreement with the Platform.
This Agreement constitutes an agreement for remote provision of services, including these General Terms of Use and other terms and conditions that will be provided to you when you first use certain features of the Platform, which may be changed over time unilaterally by the Service Provider without notice, so you must periodically check these General Terms and Conditions, as all changes take effect immediately after their publication on the Platform.
3. PLATFORM ACCESSIBILITY
The Patapic.com Platform is intended for use by legally capable natural and/or legal persons.
To use the Services, you declare and agree that:
(1) You have reached at least the legal “minimum age“, depending on the legislation of the respective country from which you access the Platform.
(2) You have valid representative power, permit and/or license (if applicable) and/or authorization to represent the legal entity or professional duly registered with the relevant statutory authorities and will use the Patapic.com Platform only in a manner compliant with all professional, ethical, regulatory, regulatory and other legal requirements.
4. MEMBERSHIP
When you register as a User of the Platform, you agree – to choose a strong and secure password; keep your password secure and confidential, and you may not transfer any part of your account to third parties; to comply with the applicable laws of the respective country from which you access the Platform and these Terms of Use.
You are responsible for everything that happens to your account, unless you close it or report abuse.
You ensure that the information and data you use to complete your Account are accurate, complete and in accordance with the applicable laws of the country from which you access the Platform.
5. PARTICIPATION FEES
Each Active User pays a Purchase Fee after proper registration on the website and after filling in an electronic application for uploading information to the Platform.
Each Passive User has free access to the Platform, after proper registration on the website of the Platform. This User also has access to the free images on the site.
The applicable Purchase Fee of the Platform is indicated on the website for each specific requested purchase of an image from the various packages.
You hereby agree that a Purchase Fee may be invoiced directly to you.
6. OBJECTIVES OF THE PLATFORM
Patapic.com is a web-based digital platform for connecting natural and legal persons with the service provider, in order to view and/or purchase photographic images.
7. ACCESS TO THE DATABASE
Using this Service, the User can access the database of the Patapic.com Platform.
Entry links are confidential information. In this regard, the User guarantees that he will not distribute them to third parties.
The ways of using the Patapic.com Platform allowed for the User are those that correspond to the Service to which the latter has access. In any case, the use of the information obtained from the Database of the Platform, in violation of these terms, is prohibited. The User must accept the General Terms and Conditions of Patapic.com before accessing the Database of the Platform.
The ways of using the Patapic.com Platform are intended specifically for each User. Without the prior, explicit and written permission of the Platform, the User should refrain from transferring their rights to third parties, from disclosing access codes granted to them. The User should also refrain from reselling, distributing and/or sublicensing the use of data, copyrights or other intellectual property rights obtained through the use of the Patapic.com Platform.
You are personally responsible for any illegal use of content obtained or extracted illegally from the Database of the Patapic.com Platform.
Each delivered access code (or login link) is generally used by one person only within the same company. Sharing the same code or login between multiple people is not allowed.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Photographer Petya Angelova is the site administrator and owner of all intellectual and industrial property rights to the Patapic.com Platform, as well as the materials contained therein, including all copyrights, patents, trademarks, designs, know-how and any other confidential information. All these rights are reserved for the person Petya Angelova.
You have no ownership rights to the Patapic.com Platform or any of the services, features and information provided by Patapic.com.
In this regard, the intellectual and industrial property of the Patapic.com Platform and the related content and technical infrastructure are protected by the applicable intellectual property laws and relevant international acts.
In this context, you may not copy, modify, adapt, translate into any language, distribute or reproduce, or create derivative content based on the Patapic.com Platform without the prior written consent of photographer Petya Angelova.
You may not grant permissions and/or any of the rights granted to you personally by the Patapic.com Platform in accordance with these General Terms and Conditions to any third party natural and/or legal person. Any attempt to sublicense, transfer or assign to third parties rights granted to you by the Patapic.com Platform is in violation of these Terms and Conditions and is void.
You confirm that the Patapic.com Platform contains Petya Angelova’s own trade secrets.
You agree not to reverse engineer, decompile, disassemble, and / or attempt to reconstruct, identify, or disclose any source code, basic ideas, basic user interface techniques, or algorithms of the Patapic.com Platform, which are the basis for the operation and access to the Platform in any way, except in cases where the above restriction is prohibited by the applicable legislation concerning the intellectual property of your territory.
If you make or attempt to do any of the foregoing, we will immediately terminate your right to use the Patapic.com Platform and you must, at our discretion, return or destroy all copies of the materials you have made.
9. ACCESS TO THE PLATFORM
The access to the Platform is provided by the administrator Petya Angelova.
Petya Angelova reserves the right to withdraw and/or modify the Patapic.com Platform or any material contained therein without notice. Petya Angelova will not be liable to any party if for any reason the Patapic.com Platform or the materials contained therein are not accessible at any time or for any period.
If you have selected or received a user ID code, password, or other information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. We reserve the right to deactivate any User ID code or password, whether chosen by you or provided by us at any time, if we believe you have not complied with any of the provisions of these Terms of Use.
10. CONTENT
You agree that your access to and use of the Patapic.com Platform and its content is at your own risk. All information provided to the Platform is provided on an “as is” and “where is” basis. The summaries, information and other materials published on the Platform are not intended to constitute consultation and/or advice to be relied upon in making personal and/or business decisions and/or undertaking any legal and factual actions on any basis. We are not liable in any way for damages arising from your reference and/or use of information from the Platform.
You grant us the following non-exclusive permission and non-exclusive rights for Petya Angelova to use the content and information you send or publish on the Platform: right to use, copy, modify, distribute, publish and process, information and content you provide through our Services, without further consent, notice and/or compensation to you or others.
These non-exclusive rights are limited in the following ways:
You may terminate this permission by deleting such content from the Services or by closing your account altogether, except (a) to the extent that you have shared it with others as part of the Service and have copied and/or stored it, and (b) the reasonable time required to remove content from archiving and other systems.
We will not include your content in advertisements for other people’s products and services (including sponsored content) without your prior and valid consent.
Petya Angelova has the right, without compensation for you or others, to display ads close to your content and information.
However, other Users may have access to and share your content and information according to your settings and the degree of connection to them.
Although we may edit and make changes to the formatting of your content (such as translating, resizing, arranging, or resizing the file, and/or removing metadata), we will not change the meaning of your expression because you own Your content and information and Petya Angelova has only non-exclusive rights to it.
You agree to provide only content or information that does not infringe the applicable laws or the rights of third parties (for example, without infringing intellectual property rights or violating a contract). You also agree that your account information will be accurate. You agree that pursuant to the applicable laws, we may need to remove certain information or content from the Patapic.com Platform.
11. USE OF THE PLATFORM
You agree to comply with the applicable laws at all times when using and accessing the Platform and will not do anything that damages, interferes with, disrupts access to Patapic.com, interrupts or disrupts the functionality of the Platform or interferes with other Users to use the Platform.
You may use the Platform only for lawful purposes. In particular, you agree not to attempt and/or undertake any action:
(a) to gain unauthorized access to the Platform, the server on which it is stored, or any server, computer or database associated with the Platform;
or
(b) to copy, modify, duplicate, create derivative works, recreate a structure, mirror content, republish, download, display, transmit or distribute all and/or part of the information, text, documents contained in the Platform, or the materials or software in it, other than your data (as defined in the Privacy Policy of the Platform), in any form or media (electronic media or on hard copy) or in any way, without the express written consent of Petya Angelova;
or
(c) for recompilation, disassembly, reverse engineering or human-readable form of part and/or all of the technical infrastructure of the Platform and/or the software with which it operates;
- d) to access all or part of the Platform in order to build a competitive product or service; or
- e) to use the Platform for providing services to third parties without the express written consent of Petya Angelova; or
- f) to use the Platform in any way that is illegal or fraudulent or has any illegal or fraudulent purpose or effect; or
- g) to embed elements and/or the entire Platform on any other site or create a link to any part of the Platform without the express written consent of Petya Angelova; or
(h) to knowingly transmit any data, send or upload any material containing viruses, Trojans, worms, time bombs, extra keys, spyware, adware or any other malware or similar computer code designed to harm the operation of any computer software or hardware; or
(i) to license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise use for commercial purposes or otherwise provide the Platform to a third party without the express written consent of Petya Angelova.
We reserve the right, without obligations to you, to prohibit your access to any materials that violate the provisions of these General Terms and Conditions. You must use your best efforts to prevent unauthorized access or use of the Platform and, in the event of such unauthorized access or use, to notify us immediately.
12. PRICES
The price of the Purchase Free for an Active User is indicated on the Patapic.com Platform for each specific image and is VAT inclusive.
Price for the Non-exclusive License package:
This option includes photographss that can be used for commercial and non-commercial purposes, which the Active User can distribute in unlimited editions, and the photographss themselves will be sold repeatedly to unlimited users.
The price of this package is from 1 to 3 euros per image. The User can download the image only after having paid for it in advance.
Price for the Exclusive License package:
This option includes photographs that can be used for commercial and non-commercial purposes, which the Active User can distribute in unlimited editions, but when the image is purchased, it is downloaded from the site and will never be offered or sold again. In this way, the buyer actually becomes the owner of the image and acquires rights for its exclusive use. The price of this package is 50-100 euros per image. The User can download the image only after having paid for it in advance.
Price for the Free Use with Compensatory Remuneration package:
This option offers images that can be used for commercial and non-commercial purposes, which the Active User can distribute in unlimited editions. They are cropped objects from images that are in a .png file so that Users can use them to assemble collages. For example, a cropped glass, a peach, etc. They are sold as a stand-alone image, without variations. These are real photographs or designs of various objects where the background is cut out so that they can be placed in places desired by the User. The price of this package is 5-10 euros per image. The User can download the image only after having paid for it in advance.
Free Images Package:
This option includes photos that can be used for commercial and non-commercial purposes, which the active User can distribute in unlimited editions, which will have lower resolution, but will be suitable for use in digital or print media.
The price of our services may be subject to periodic adjustment and automatic changes.
We reserve the right to change these General Terms and Conditions, as well as all other instructions on the website regarding prices.
13. PAYMENT
The payment of Purchase Fee to the Patapic.com Platform is made via PayPal or a PayPal debit card.
Any obstruction to use a User Account for its intended purpose authorizes us to suspend every User’s access to the content of the Platform until the obstruction is removed.
Unless otherwise stated and not explicitly accepted by the parties, the payment must be made in full and the price paid before the start of the Services, unless you are in the case of promotional use of the Platform.
Petya Angelova reserves the right to terminate any online order management in case of refusal of payment by officially accredited payment institutions and/or in case of non-payment.
In case of difficulties encountered during payment, requiring a verification procedure, Petya Angelova reserves the right to refrain from delivering an online order.
Any problem with a User Account (non-payment, non-functional email address, etc.) authorizes us to suspend the User’s online order until it is resolved.
14. REFUNDS
In case of lack of Service due to a technical problem, the User has a choice between canceling the online order or replacing the Service. In the event of a cancellation request, only the unavailable Service will be canceled and refunded by us, while the rest of the online order remains firm and final.
Refunds are not made by the Patapic.com Platform, unless exceptional circumstances justify it, which circumstances are the subject of a separate written agreement including these circumstances.
15. DISCLAIMER
Access to the Platform and fees for a mobile service provider.
You acknowledge and agree that your using the Patapic.com Platform requires Internet access through your mobile operator, Internet service provider or another Internet access method, and that access to the Platform may not be available if you do not have an Internet connection or for other reasons.
You acknowledge and agree that by using the Internet to access the Platform, you may incur charges from your mobile operator, Internet service provider or another method of Internet access, depending on your contract or plan with your provider.
You acknowledge and agree that the payment of such fees will be your responsibility. You agree that your use of the Patapic.com Platform will be in accordance with all requirements of your mobile operator, Internet service provider or another method of internet access.
We are not responsible for providing and maintaining network connections and telecommunications connections from your systems to data centers, as well as any problems, conditions, delays, delivery errors and any other losses or damages arising out of or related to your network connections or telecommunications connections or caused by the Internet.
Updates to the Patapic.com Platform
We may choose to provide periodic updates to the Patapic.com Platform at our discretion. All or any part of the Platform may be out of date at any time and we do not undertake to update such materials or services.
Petya Angelova makes no provisions or warranties that the Platform or future updates or versions are compatible with hardware or software versions, systems or applications and/or that future updates or versions will provide the same functionality as the current software version.
Links
The Patapic.com Platform may contain links to third party websites or Internet resources. The linked sites are not under the control of the Platform, therefore Petya Angelova is not responsible for the availability, content or operation of any linked site. Such links are provided to you by Patapic.com only for convenience and activating any link does not imply endorsement by Petya Angelova of such linked site, its content or any products or services available through such linked site, or any association with its operators.
16. LIABILITY
We provide no guarantees, implied and/or express, including, but not limited to, the degree of marketability of the products and services part of the Patapic.com Platform, as well as their fitness for a particular purpose, accuracy of data, title, non-compliance and/or non-interference in any contractual relationship arising between the parties based on information obtained by them from the Platform, including but not limited to accuracy, currency, quality, completeness of the listed products and/or services, price offers and/or other conditions uploaded on the Platform.
We provide no guarantees regarding third party software that may be integrated as a component in the Patapic.com Platform.
We are not liable for any loss, damage or expense, whether in contract, delict (including negligence) or otherwise, arising from the use of information contained on the Patapic.com Platform.
This limitation includes losses, damages or expenses caused by viruses that infect your computer equipment, software or data due to your use of the platform or your download of any material published on it or any other platform linked to it. To the extent permitted by the applicable laws, our liability to you is limited to all types of damages up to the amounts you effectively received for the contractual period giving rise to the event which generates liability, except in cases of default which may be imposed to the Platform. You acknowledge that the agreed price reflects this distribution of risk and the limitation of liability arising therefrom.
17. DATA CONFIDENTIALITY
All data privacy issues are included in the Privacy Policy of the Patapic.com Platform. We may access, store and use any information you provide in accordance with the terms of this Privacy Policy.
As a general rule, any information collected through our database is strictly reserved for the personal use of the User. You will refrain from any communication in whole or in part of such information with third parties unless we give you our prior consent to transfer to a third party Service Provider who must provide all confidentiality guarantees.
You also ensure that you comply with any laws, regulations, whether or not related to privacy and data protection, as well as spam and unsolicited e-mail communication when using our Database.
It is also possible to contact another company using the information collected through our Database. In this case, you agree to be liable for compliance with the applicable laws and regulations regarding confidentiality, personal data, unsolicited communication by email or other applicable laws and regulations. We, as well as our partners, are not liable for the use of our Platform by any User and any data obtained from it in violation of such laws and regulations worldwide.
We take precautions to ensure the security of your personal data. In the context of the GDPR, you have the right to request that your personal data be encrypted, to invoke your right to be forgotten, to request pseudonymization. There is a case in which we may co-administer your personal data with third parties, and in this case we will extract them from social media (e.g. Facebook), when you register as a User through them. In these cases, we have tried to comply with the highest level of protection of your personal data, and we have provided a mechanism for notification in case of leakage of such information to our email patapicproject@gmail.com
18. TERMINATION
These General Terms and Conditions are valid for a period of 12 (twelve) months and enter into force on the date of their publication on the Patapic.com Platform. This term is automatically renewed for the same period, unless it is terminated earlier by Petya Angelova in case of violation of the provisions of these General Terms. Such termination may occur immediately and without notice.
Upon termination, we may deny any access to the Patapic.com Platform and you must immediately terminate your use and access.
19. INVALIDITY
In case that any provision and/or provisions of these General Terms and Conditions are declared void, invalid, or inapplicable, then these provisions are deleted, without prejudice to the validity and/or enforceability of the other provisions.
20. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the law and the applicable laws of the territory in which you reside. The national courts of the country have exclusive jurisdiction over all disputes arising out of or in connection with these Terms of Use.
21. CONTACT US
If you have any concerns about materials appearing on the Platform, please contact:
patapicproject@gmail.com