1.INTRODUCTION AND PURPOSE
Pursuant to Act 13/2013 of June 13, on effective competition and consumer protection, it is informed that the ownership of this website, mypicturesintheworld.com, (hereinafter “Website”) is held by: MY PICTURES, S.L.U. hereinafter MY PICTURES IN THE WORLD, holder of NRT (tax registration number): L-711636-G, Trade Registry number: 926299J and with the following contact information:
Address: Carrer dels Avellaners, 7 – 3º 3ª Encamp (Andorra)
E-mail: info@mypicturesintheworld.com
The Terms and Conditions regulating the access to, registration in and use of the MY PICTURES IN THE WORLD Website and that shall apply to the users of the MY PICTURES IN THE WORLD Website are established herein. Please read carefully these Terms and Conditions of Use.
By accessing the web page you automatically become a user of the site, thus understanding and accepting all the present Conditions of Use of the Website.
MY PICTURES IN THE WORLD will not be liable for the non-compliance by users of any of the Terms and Conditions and of the rules of use of the Website. The users assume and accept the possible modification of the Conditions of Use of the platform in the future and MY PICTURES IN THE WORLDreservesthe prerogative to modify it with no need of prior notice. The continued use of the Website implies acceptance by the user and his/her obligation to go through it.
Any user of the Website confirms that heshe is capable of acting on hisher own behalf and understands and accepts all the Terms and Conditions of use of the Website.
In order to resolve any doubts that may arise, you may contact the Team of MY PICTURES IN THE WORLD by sending an email to info@mypicturesintheworld.com
2.PRODUCT AND SERVICE
MY PICTURES IN THE WORLD is the first global network for the commercialization of photographic services between the seller user or freelance photographer registered on the site and the buyer user or the photographer’s client.
It consists of a virtual store designed for the photographer registered on the MY PICTURES IN THE WORLDWebsiteto offer his photography services and sell hisher pictures tor hisher clients in a quick, simple and reliable manner from any place in the world.
MY PICTURES IN THE WORLDdoes not provide freelance services on its own. The provision of freelance services depends on the Freelancers themselves.
_Service-related aspects_
Once the photographs are uploaded to the Website by the Freelances, MY PICTURES IN THE WORLD reserves the exclusive right to evaluate, within 48 hours, whether said pictures can be published and offered for sale through the Site.
The pictures uploaded to the Website by the Freelancer shall be available and on display for their purchase for a period of 30 days from the date their publication has been approved. Once said term expires, they shall be automatically deleted from the Website.
_Pictures – Characteristics & Quality_
3.ACCESS OF USERS
Simple Access to the website confers the status of user.
The different types of users that can access the platform are:
The use of the services offered through the Website is free to all users as well as their registration therein.
Users shall enter the Website and register as such by filling in the registration form with the required personal data and by accepting the present Conditions of Use. Moreover, they may request the cancellation of their registration in MY PICTURES IN THE WORLD whenever they wish to.
Security in the access is provided through the e-mail and password chosen by the user, being the user responsible for creating and safeguarding said information not being allowed to disclose it to third parties not even with the consent of the user. MY PICTURES IN THE WORLDrecommends to choose safe alphanumeric passwords and to change passwords periodically. Besides, in case of shared computers, users shall be extremely careful with the use of their password.
4.RULES FOR THE USE OF THE WEBSITE
The registration of minors on the Website is strictly forbidden. The Website can only be used by individuals over 18. When entering, using or registering on the Website, the user confirms and guarantees that heshe is over 18 or that heshe has reached the legal age in his/her jurisdiction (if the legal age is not 18).
The user shall be responsible for all the contents published and their veracity as well as for the data provided for his/her registration. The data provided by users in the corresponding registration forms shall be, at all times, accurate, current and true and shall be processed by MY PICTURES IN THE WORLD pursuant to the legislation on the protection of personal data in force, EU GDPR 2016/679 and LQPD 15/2003. The user alone shall bear the responsibility for the untrue, inaccurate or out-of-date statements made and for the damages that, in such regard, the statements may cause to MY PICTURES IN THE WORLD or to third parties as a consequence of not complying with this obligation.
The responsibility for the contents directly or indirectly published on the website is the sole and exclusive responsibility of the user and MY PICTURES IN THE WORLD shall not be liable for their veracity. The user understands and accepts that MY PICTURES IN THE WORLD only offers intermediation services between the registered Freelancers and the Buyer Users in a direct and simple manner.
The user agrees to make reasonable and reasoned use of the services of the Website and to comply with the Conditions of Use of MY PICTURES IN THE WORLD and MY PICTURES IN THE WORLD reserves the right to limit its use if it considers it convenient.
It is strictly forbidden:
5.RULES OF USE FOR THE SELLER USER (“FREELANCER”)
The “Freelancer” shall comply with the foregoing rules on the use of the Website.
As from the second year after registration, MY PICTURES IN THE WORLD shall contact the Freelancer in order to establish the relevant conditions pursuant to the use of the Website. In such case, the Freelancer shall accept the new conditions offered by MY PICTURES IN THE WORLD in order to keep on enjoying the benefits of the Website.
Since the launch of the Website, MY PICTURES IN THE WORLD shall perceive 15% of the gross value of the sales made by the Freelancer through the Website. In this way, once the Client has paid for the photographs, the transaction amount will be credited to the Freelancer’s PayPal or bank account after deducting 15% plus bank expenses incurred by MY PICTURES IN THE WORLDdue to the bank transfers.
The team of MY PICTURES IN THE WORLD reserves the right to accept the application for admission and registrations once the information received has been analyzed in a term of less than 48 hours. .
In case MY PICTURES IN THE WORLD accepts your application for admission, it shall send you an email to inform you that you have been accepted on the Site and to request you to complete your registration process.
Once the registration process has been completed, you may download from your account a template of personal cards with your personal information and unique codes, which you shall print so as to offer to your clients.
After each photo session you may deliver to each client your personal card with these unique codes that identify each session. Only with those codes, you will be able to upload the pictures taken in each session to the Website and your clients will be able to access the corresponding photo session.
Each photo session uploaded to the Website by the Freelancer shall not exceed 300MB in size.
6.INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website is protected by intellectual and industrial property rights, including, without limitation, the contents, graphic design, source code, logos, texts, graphics, illustrations, photographs and other elements appearing on the Website. Therefore, the user acknowledges that the reproduction, distribution, commercialization, transformation and, in general, any form of exploitation, by any procedure, of all or part of the platform constitutes an infringement of the intellectual and industrial property rights of MY PICTURES IN THE WORLD or of the holder thereof, unless the user has obtained express prior authorization.
Any misuse of MY PICTURES IN THE WORLD, including, the reproduction, modification, distribution, transmission, edition, re-edition, or representation of any elements thereof is strictly forbidden unless with the express written consent of MY PICTURES IN THE WORLD.
The user shall not modify or use said intellectual and industrial property in a manner that its disclosure would cause damage to MY PICTURES IN THE WORLD.
MY PICTURES IN THE WORLD shall claim damages derived from the unlawful use of its intellectual and industrial property by the third parties.
MY PICTURES IN THE WORLD shall not grant any license or authorization of use of any kind whatsoever with respect to its intellectual and industrial property rights or to any other right or property related to the platform, the services or the contents.
7.PURCHASE OR ACQUISITION PROCESS
Clients may purchase pictures and/or the service of Freelancers on the Website through the established means and forms.
In the purchase process and before it ends, the user shall have access to all the information regarding the final price of the service including taxes (IGI) if applicable, being the user responsible for correctly providing his/her data, including personal data and the bank card data required by the system, in a true and accurate manner.
MY PICTURES IN THE WORLD acts as collection agent. The payment made through it shall be considered as payment made from the client to the Freelancer. MY PICTURES IN THE WORLD only offers to users a platform through which to buy and sell a service, in a quick and simple manner, from any place in the world.
Therefore, MY PICTURES IN THE WORLD shall not exercise any control whatsoever with respect to the product or to any claim related to the service thereof. Any claim on the making of the photograph, quality, modification or any other aspect derived from the service rendered, shall be addressed to the Freelancer who has provided the service.
*7.1 Procedure for the purchase of the service *
The buyer user shall access the Website by entering the code given to himher by the photographer in the corresponding photo session. Afterwards, heshe shall select the product that he/she wishes to purchase, indicating the amount of pictures, the size and the quality desired. In the purchase process, the user shall provide the data of the bank card and pay for the selected purchase. The system for the purchase of pictures uses a secure server and the latest encryption technology.
The Website does not guarantee that the pictures that have been taken of the client are effectively uploaded by the photographer. The decision to put the pictures on sale lies solely on the photographer himself/herself. MY PICTURES IN THE WORLD shall have no liability whatsoever in such respect.
Once payment has been made, the client shall receive an email with a link that will allow him/her to download in a digital format the pictures chosen during a 30-day term.
The pictures uploaded to the Website shall be available for their purchase for a period of 30 days. After such term, they shall be automatically deleted from the platform.
MY PICTURES IN THE WORLDshall not be liable for the lack of delivery of the pictures as a consequence of inaccurate or false data provided by the user for such purpose.
The communications, purchase orders and payments which are derived from the transactions made on the website may be filed or kept in the computerized records of MY PICTURES IN THE WORLD as evidence of the transactions, complying, in all cases, with the reasonable security conditions and the laws and rules in force that are applicable in this respect and especially in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and Law 15/2003 of December 18 qualified in personal data protection and on rights of the users pursuant to the Website’s privacy policy.
7.2 Prices and payment
The prices displayed on the Website are final, are in Euros (€) and include the applicable taxes, unless, as required by law, it is stated otherwise.
The prices may vary at any time but the possible changes shall not affect the purchases of the users that have already received the confirmation of their purchase.
The means of payment accepted by the site shall be: credit or debit card.
MY PICTURES IN THE WORLD uses all the available means in order to guarantee the confidentiality and safety of the payment data transmitted by the User through the Website during the transactions. The Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards shall be subject to verification and authorization by the issuer bank institution. If said institution does not authorize the payment, MY PICTURES IN THE WORLD shall not be liable for any delay in the delivery or for the lack of delivery of the product and shall not enter into any agreement with the User.
Once MY PICTURES IN THE WORLDreceives the purchase order by the User through the Website, a preliminary authorization shall be processed with respect to the corresponding card in order to ensure the existence of sufficient funds to complete the transaction. The charge on the card shall be made at the time the User is sent a confirmation of the service rendered.
MY PICTURES IN THE WORLD shall collect the payment that the client makes of the corresponding charges on behalf of the Freelancer as a limited collection agent for said Freelancer. The payment of the charges made in this way shall be considered in the same way as if the payment had been made directly by the client to the Freelancer.
8.REMOVAL OF CONTENT AND SUSPENSION
MY PICTURES IN THE WORLD reserves the right to delete (ban) or modify any comment, profile, picture or publication of any type whatsoever that it does not comply with the established rules and the correct operation of the Website, waiving the user any claim in such respect.
Any of the existing spaces for discussion on the Website may be closed at any time and without prior notice. Furthermore, MY PICTURES IN THE WORLD may veto the access of any user that shall repeat an inadequate attitude.
9.RIGHT TO REIMBURSEMENT
Due to the nature of the product, there is no possibility of economic reimbursement for the pictures that have been sent to the client after their payment, as set forth in Act 13/2013 of June 13 regarding the competition and protection of the consumer in the Principality of Andorra.
The User shall have, without limitation, no right of withdrawal when the provision of the goods or products has been carried out pursuant to the specifications of the User or the products have been clearly personalized, as well as in the case of products that can deteriorate or expire in a short period of time; and products that due to hygiene or health reasons are sealed and have been unsealed after their delivery.
However, in case the client has not received the pictures after payment, he/she may make the relevant claim complying with the following requirements:
Once the request has been received, if it is verified that the corresponding file has not been sent, said file shall be sent immediately. In case of error, technical or system failure preventing the submission thereof, the money shall be reimbursed through the same means of payment used.
The request for reimbursement shall be resolved within 72 hours of receiving the claim provided the established requisites have been complied with.
10.NOTICE OF BREACH
MY PICTURES IN THE WORLD respects intellectual property of third parties and expects the users of the site to do so too. If you consider in good faith that any of the materials displayed on the Website or in relation to it infringe your copyrights or any other intellectual property right, please send the information stated below to: MY PICTURES, S.L.U. Carrer dels Avellaners, 7 – 3º 3ª AD200 Encamp (Andorra):
1.Identification of the intellectual property right that has been allegedly infringed. All the relevant registration numbers shall be included as well as a statement on the ownership of the work.
2.A statement specifically identifying the location of the material that allegedly infringes your rights with sufficient details so that MY PICTURES IN THE WORLD can find it on the Website. Take into account that providing a top-level URL is not enough.
3.Your name, address, telephone number and e-mail address.
4.A statement made by yourself stating that you consider in good faith that the use of the material that allegedly infringes your rights is not authorized by the holder of the rights, its agents or the law.
5.A statement made by yourself, under penalty of perjury, stating that the information included in your notice is accurate and that you are the owner of the copyrights or that you are authorized to act on behalf of the owner of said copyrights.
6.A physical or electronic signature of the owner of the copyrights or the person authorized to act in the name and on behalf of the owner of said copyrights.
MY PICTURES IN THE WORLDshall deal with the request and if it considers that the person or entity has good cause or reason to request the removal of such contents, it shall proceed to their immediate removal from the website so that they are no longer accessible by users, not even from the cache memory.
11.CANCELLATION OF THE USER’S ACCOUNT
The user shall be entitled to cancel his/her account on the Website at any time.
To request the cancellation, the user shall send an email to info@mypicturesintheworld.com including the phrase “Cancellation of service” in the subject line. MY PICTURES IN THE WORLD will deal with your request within 48 hours. The cancellation of the account does not entitle the user to remove the contents that he/she may have provided to MY PICTURES IN THE WORLD as the intellectual property rights on the mechanisms belong to MY PICTURES IN THE WORLD.
Once the cancellation has been effected, the account is deactivated and your user data will remain in the database of MY PICTURES IN THE WORLD for a period of two years in order to deal with any possible claim.
12.OBLIGATIONS AND GUARANTEES OF MY PICTURES IN THE WORLD
MY PICTURES IN THE WORLD, as owner, manager and administrator of the Website, guarantees:
13.PRIVACY
MY PICTURES IN THE WORLD,being responsible for the treatment of the data included in the Website, shall treat all information on the Website in accordance with the Privacy Policy identified in the web page of MY PICTURES IN THE WORLD as established in the EU General Regulations for Data Protection 2016/679 and Law 15/2013 qualified in personal data protection.
You may exercise your access, rectification, deletion, opposition and, if applicable, portability and limitation rights, by sending an email to: pd@mypicturesintheworld.com
For additional and detailed information on data protection, visit mypicturesintheworld.com
14.DURATION AND TERM
These Conditions of Use shall become effective at the time the user registers himselfherself on the Website and shall have an indefinite duration as long as heshe accesses the platform.
15.WAIVER
No waiver byMY PICTURES IN THE WORLDof a specific right or legal action or the failure by MY PICTURES IN THE WORLDto requirethe strict compliance by the User of any of hisher obligations shall imply neither a waiver of other rights or actions derived from a contract or from the Conditions, nor a discharge of the User from complying with hisher obligations. Furthermore, no waiver by MY PICTURES IN THE WORLD of any of these Conditions or of the rights or actions derived from a contract shall be effective unless it is expressly established that it is a waiver and it is formalized and informed to the User in writing.
16.INVALIDITY
If any of these Conditions is declared null and void due to a final resolution issued by a competent authority, the other clauses shall remain in full force and effect and shall not be affected by said declaration of invalidity.
17.INDEMNITY
The user agrees to holdMY PICTURES IN THE WORLD harmless, to defend it in a lawsuit and to discharge it from any responsibility in case of any claim by third parties based on or derived from the access by the user of the MY PICTURES IN THE WORLD Website and the use made thereof, the information provided therein or the infringement by him/her of these Terms and Conditions.
18.DISPUTES BETWEEN FREELANCES AND USERS
The interactions between individuals on the Website or through it, including the payment and delivery of the products and services and any other term, condition, guarantee or statement related to these communications, are exclusively carried out between the seller user and the buyer user. You must carry out any research that you may consider necessary or relevant before proceeding with any online or off-line transaction with any of these third parties. The user accepts that MY PICTURES IN THE WORLD shall not be responsible for any loss or damages of any kind whatsoever that may arise as a consequence of said communications.
In case of any dispute between clients and/or Freelancers, or any third party, the user accepts that MY PICTURES IN THE WORLDshall have, in no case, the obligation of being involved in said disputes. In relation to disputes with other users or Freelancers, you hereby accept to hold MY PICTURES IN THE WORLD harmless from any claim, demand and actual and consequential damages of any type or nature, known or unknown and that are related to such dispute or our determinations with respect thereto.
19.DISCHARGE OF LIABILITY
MY PICTURES IN THE WORLD shall not be liable for the damages derived from the use of the Website or from any action taken based on the information provided by the site.
MY PICTURES IN THE WORLD shall not be liable for the possible security flaws or disconnections that may occur or for the possible damages that may be caused to the computer system of the user (hardware and software), the files or documents stored in it, as a consequence of a virus in the user’s computer used for the connection to the Website, or for malfunctioning of the browser or for the use of outdated versions thereof.
If the client considers that the content uploaded to the Website violates or in some way infringes any right, he/she may report it by sending an email to: info@mypicturesintheworld.com including the phrase “Removal of photograph” in the subject line. In a term of less than 48 hours MY PICTURES IN THE WORLD shall proceed to remove the picture from the Website. This will not imply any responsibility for MY PICTURES IN THE WORLD.
If pictures expressly forbidden by the Terms and Conditions of MY PICTURES IN THE WORLD as stated above are uploaded to the Website andor pictures which infringe the copyrights, image rights or that affect third parties’ personal andor non-transferable rights and/or Industrial and Intellectual Property rights are uploaded to the site, the responsibility shall lie with the registered Freelancer who has uploaded the pictures.
Furthermore, the Website reserves the right, at its sole and absolute discretion, to stop or prevent the upload or subsequent sale of any objectionable content which is clearly illegal or that infringes its policies and conditions at its exclusive criteria. It also reserves the right to remove pictures without prior notice without implying any responsibility for MY PICTURES IN THE WORLD.
In general, MY PICTURES IN THE WORLD shall not be responsible for any infringement or delay in the compliance with any of the undertaken obligations when said infringement or delay derives from events which are out of its reasonable control, that is to say, that they are due to force majeure, which shall include, without limitation:
In this way, the obligations shall be suspended during the period in which the case of force majeure shall last and MY PICTURES IN THE WORLD shall provide an extension of the term –for a period of time equal to the period that the case of force majeure lasts– in order to comply with said obligations. MY PICTURES IN THE WORLD shall place all reasonable means to find a solution in order to comply with its obligations despite the case of force majeure.
20.RESPONSIBILITY AND LIMITATION OF LIABILITY WITH RESPECT TO LINKS FROM OTHER WEB PAGES TO MY PICTURES IN THE WORLD
The user that wishes to offer contents of MY PICTURES IN THE WORLD on hisher own web page may include a link that connects hisher webpage to the homepage of the MY PICTURES IN THE WORLD Website.
The web pages offering a link to the MY PICTURES IN THE WORLD Website may use the trademark, logotype, trade name and/or any other distinctive sign of MY PICTURES IN THE WORLD only and exclusively in the legally authorized cases or in those cases expressly permitted by MY PICTURES IN THE WORLD.
The user shall neither reproduce in any manner whatsoever the Website of MY PICTURES IN THE WORLD on his/her own web page nor establish frames or framesets of any type for the Website or that may allow for its visualization through different Internet addresses or jointly with contents unrelated to it in a manner that produces or may produce errors or confusion among the public on the origin of the contents, that may imply an act of unfair comparison or imitation, that may exploit the reputation and trademark of MY PICTURES IN THE WORLD or that may be carried out in any other way forbidden by the applicable legislation.
The user that includes a link to the MY PICTURES IN THE WORLD Website shall not, under any circumstances, make false or inaccurate statements about MY PICTURES IN THE WORLD, its members and/or users or about the quality of the contents offered.
The web pages in which the link to the MY PICTURES IN THE WORLD Website is offered shall not offer contents that are illegal, harmful, contrary to morals and good customs, that produce or may produce the wrong idea that MY PICTURES IN THE WORLD backs or supports the ideas, statements or actions of said users or that are inadequate in relation to the activity developed by MY PICTURES IN THE WORLD.
21.RESPONSIBILITY AND LIMITATION OF LIABILITY WITH RESPECT TO LINKS FROM MY PICTURES IN THE WORLD TO OTHER WEB PAGES
In order to help a user to look for information or services of interest, the MY PICTURES IN THE WORLD Website may include hyperlinks or links to other websites that are neither owned by MY PICTURES IN THE WORLD nor controlled by it. MY PICTURES IN THE WORLD does not control the contents, legal Conditions, privacy policies or practices of the websites of third parties and does not assume any liability therefor.
The user acknowledges and accepts that the access to other websites does not imply that MY PICTURES IN THE WORLD recommends and approves the content thereof and that MY PICTURES IN THE WORLDshall not be liable for the losses or damages that the user may suffer as a consequence of the availability of the mentioned websites or as a consequence of the credibility that it grants to the completeness, accuracy or existence of any information offered through said websites.
MY PICTURES IN THE WORLD shall remove from the website or shall prevent access to the links that refer to unlawful or harmful activities or to the goods of a third party, provided that a competent body has declared so as set forth in the current regulations.
22.PUBLICITY
The website may host advertising contents. The advertisers are responsible for guaranteeing that the material sent for its inclusion in the website complies with the laws that may be applicable in each case. MY PICTURES IN THE WORLD shall not be liable for any error, inaccuracy or irregularity that may be contained in the advertising or sponsorship contents.
23.COMPLAINTS AND CLAIMS
The user may send his/her complaints or claims to MY PICTURES IN THE WORLD through the contact data provided at the beginning of these Conditions or through the form included for such purposes on the web page.
MY PICTURES IN THE WORLD shall answer the complaints received as promptly as possible and in any event in a maximum term of one month from the submission of the complaint.
Moreover, MY PICTURES IN THE WORLD has official complaint forms placed at the disposal of consumers and users and that they may request to MY PICTURES IN THE WORLD at any time through the contact data provided at the beginning of these Conditions (Introduction and purpose).
24.LEGISLATION AND APPLICABLE JURISDICTION
The access, navigation and/or use of this Website and the purchase of products through it shall be governed by the legislation of Andorra.
MY PICTURES IN THE WORLD shall cooperate with the judicial authorities and the competent authorities when so required in order to prevent fraud, phishing or any other unlawful activity or activity contrary to the legislation in force.
Any controversy, complaint or dispute as regards the interpretation, execution and/or resolution of these Conditions of use shall be submitted to the Courts of Andorra.