These Terms of Service ("Terms") govern your access to and use of Votaphoto websites, services, and applications (collectively the “Service“). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

Definitions

Votaphoto.com will from here on be referred to as "Votaphoto”. All pages within this website and any material made available for download via the Service will from here on be referred to as the "Website." The term "Visitor" will here on refer to anyone accessing the Website. "You" and "Your" will from here on refer to any Visitor of the Votaphoto website or Service. The term "Photographer" refers to Visitors who subscribe to this Website in order to utilise any of the Services provided via Votaphoto. The term "Customer" refers to any Visitor of Votaphoto who is using the Service as a client of the "Photographer". Any images or videos uploaded by the "Photographer" or the "Customer" will from here on be referred to as "Submitted Materials".

Your use of the service

By accessing or using the Service you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

You may use the Service only if you can form a binding contract with Votaphoto, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, Votaphoto may temporarily or permanently stop providing the Service, or any features within the Service, to you or to visitor generally and may not be able to provide you with prior notice.

Your account

You must provide us with accurate information when you create your Votaphoto account. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we reserve the right to suspend or terminate your privileges, and to prohibit your current or future use of the Website services. Your Votaphoto account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Photographers or photography studios. You may never use another photographer’s account without permission. You must be over 13 years of age in order to open an account with Votaphoto. Unless otherwise instructed, Votaphoto will renew each Photograher’s paid subscription at the end of each billing period. Votaphoto reserves the right to switch your paid plan to Free plan and remove some or all of your uploaded content if Votaphoto unable renew your subscription payment. No cash refunds will be given for paid plan cancellation in current billing period. Upon account cancellation, any content you have stored on Votaphoto may no longer be retrieved, so you should make a backup copy of any such content on a regular basis and before close your account. We will not held liable for any loss of content.

Votaphoto property, copyrights and feedback

All rights, title, and interest in and to the Service (excluding "Submitted Materials" provided by users) are and will remain the exclusive property of Votaphoto and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Votaphoto name or any of the Votaphoto trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Votaphoto, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Photographer agreements

By transmitting images or any other media to Votaphoto, Photographers grant Votaphoto a nonexclusive right to use, reproduce, transmit, publicly display, and distribute the images or other media as deemed appropriate by Votaphoto for the sole purpose of providing the Photographer Services. All other rights in transmitted images or media, including copyright, remain with the Photographer.

The Service is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Votaphoto takes reasonable precautions to preserve and protect the material you may upload to the Service, you should not rely on the Service as your only source for the material you provide. You should backup copies of any digital information you have uploaded to the Service.

While Votaphoto does not and cannot review all content provided to it, and is not responsible for such content, Votaphoto reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems objectionable, in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by Votaphoto for the purposes of delivering the offered services. Votaphoto will not be liable for any content provided to it, including the photographs and any content added by account holders.

Selling products

Photograhers may selling products through Votaphoto system and required to connect to your account with our third party payment service provider in order to accept online payment. These payment services are governed solely by the third party provider's terms of service and privacy policy. We are not responsible for the actions of these third party service providers.

Account termination

You agree that Votaphoto, in its sole discretion, may terminate your account or any part thereof, and remove and discard any Content within the Service, for any reason, including, without limitation,

  • (a) if Votaphoto believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service or other incorporated agreements or guidelines,
  • (b) requests by law enforcement or other government agencies,
  • (c) a request by you (self-initiated account deletions),
  • (d) discontinuance or material modification to the Service (or any part thereof),
  • (f) unexpected technical or security issues or problems,
  • (e) in compliance with legal process;
  • (f) if you have or we believe you have engaged in illegal activities, including without limitation, fraud, and/or
  • (g) nonpayment of any fees owed by you in connection with the Services,
  • (h) if you post and digital information is unlawful, harmful, threatening, harassing, derogatory, defamatory, obscene, vulgar, pornographic, profane, invasive of another’s privacy.

Email interactions

Votaphoto may send automated emails at the request of the Photograher or Customer. Votaphoto does not interact with Customers that the Photograher adds to their account in any other form. All requests from Customers should be directed to the respective Photograher.

Limitation of liability

Votaphoto is NOT responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Website or the photographs. Votaphoto is NOT involved in creating and producing photographs in any way.

Grant of limited license to Votaphoto

Photograhers agree that Votaphoto is granted only a limited non-exclusive, royalty-free, worldwide license, with the right to reproduce, distribute, transmit, display any materials and other information you submit to the Service (the "Submitted Materials") only for the purposes of (i) display on this website and (ii) production of promotional material for Votaphoto. Votaphoto disclaims ownership of "Submitted Materials" and will not resell or otherwise convey these rights to any third party. You also grant to Votaphoto the right to use your name in connection with the Submitted Materials.