Terms of Service

1. General provisions and acceptance of terms

These Terms of Use (the "Terms") govern access to and use of the PhotoTravel website available at www.photo.travel, as well as any related services, features, and tools (collectively, the "Service").

By accessing or using the Service in any manner, including but not limited to browsing the website, registering an account, publishing content, or otherwise interacting with the Service's functionality, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree with any part of these Terms, you must immediately discontinue use of the Service.

These Terms apply each time you access or use the Service, regardless of the method of access (including via browser, mobile device, or other technical means).

PhotoTravel may update or modify these Terms from time to time. The updated version will be published on the website and shall become effective upon publication unless otherwise expressly stated. Continued use of the Service after such publication constitutes acceptance of the updated Terms.

These Terms are drafted in English, which shall be the legally controlling version. Translations into other languages are provided for convenience only.

If any provision of these Terms is held to be invalid, unlawful, or unenforceable under applicable law, such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

Use of the Service involves the use of cookies and similar technologies in accordance with the Photo.travel Privacy Policy.

2. User account and access to the Service

Creating a personal user account is required in order to publish any user-generated content and to access any interactive features of the Photo.travel Service.

The User agrees to provide accurate, current, and complete information during registration and to keep such information up to date. The User is solely responsible for maintaining the confidentiality of their account credentials and for all activities conducted through their account, whether performed by the User or by third parties.

All content published through the User's account, including but not limited to photographs, texts, comments, captions, metadata, and other materials, is deemed to be published directly by that User. The User bears full and sole responsibility for the legality, accuracy, and permissibility of such content, as well as for possessing all necessary rights and permissions for its use and publication.

The User may not transfer their account to third parties, use another user's account, or take any actions intended to conceal identity or misrepresent account ownership. The User must promptly notify Photo.travel of any unauthorized access to their account or any other security breach.

Photo.travel reserves the right to suspend or terminate access to a User account if these Terms, applicable law, or other mandatory Service rules are violated, without prior notice where necessary to protect the Service, other users, or third parties.

3. Age restrictions and permitted use

The Photo.travel Service is not intended for use by individuals under the age of 16. By registering for and using the Service, the User confirms that they are at least 16 years old.

Users between the ages of 16 and 18 may use the Service only with the consent and under the supervision of a parent or legal guardian, who assumes responsibility for the User's actions and compliance with these Terms.

The User agrees to use the Service solely for lawful purposes and in accordance with these Terms and applicable law. The Service may not be used to publish, distribute, or otherwise engage in activities that:

• infringe the rights of third parties, including copyright, related rights, trademarks, image rights, privacy, or other legal rights;
• contain unlawful, misleading, abusive, defamatory, threatening, or otherwise objectionable material;
• attempt to bypass technical limitations of the Service, interfere with its operation, or gain unauthorized access to data or accounts;
• involve commercial, promotional, or automated activity without explicit permission from Photo.travel.

The User may not use the Service in any manner that could overload, disrupt, degrade, or otherwise impair the functionality of the Service or create risks for other users.

Photo.travel reserves the right, at its sole discretion, to determine acceptable use of the Service and to take appropriate action in response to violations of these Terms, including restricting functionality, temporarily suspending, or permanently removing user accounts.

4. User-generated content and rights

In the course of using the Service, the User may upload, publish, or otherwise make available photographs, images, texts, descriptions, comments, and other materials (the "User Content").

4.1. Rights to User Content

The User retains all exclusive rights to their User Content. Publishing User Content on the Service does not transfer ownership of such content to Photo.travel or to third parties.

By publishing User Content, the User grants Photo.travel a non-exclusive, royalty-free, worldwide license to use such content solely for the purposes of operating, promoting, and developing the Service, including editorial presentation, archival storage, technical processing, display, and distribution within the Service and related services.

4.2. Responsibility for content

The User bears full and sole responsibility for all User Content published through their account, regardless of who actually uploaded the content.

The User represents and warrants that:

• they are the rights holder of the User Content or possess all necessary rights, permissions, and consents to publish and use it within the Service;
• the publication and use of the User Content do not infringe the rights of third parties, including copyright, related rights, trademarks, image rights, honor, dignity, reputation, or privacy;
• the User Content complies with these Terms and applicable law.

Photo.travel is not obligated to pre-screen User Content and does not assume responsibility for its content. However, Photo.travel reserves the right to remove, restrict access to, or otherwise take action with respect to any User Content that violates these Terms, third-party rights, applicable law, or that is subject to a substantiated complaint.

4.3. Prohibited content

The publication of User Content is prohibited if such content:

• is unlawful, pornographic, extremist, or promotes violence, hatred, or discrimination;
• is misleading, defamatory, or harmful to the reputation of third parties;
• violates editorial use requirements or misleads audiences regarding the context of the depicted subject matter;
• is used in a way that allows third parties to download, extract, or distribute the content as a standalone file outside the Service.

4.4. Content removal and termination of access

The User may delete their User Content at any time using the functionality of the Service. Photo.travel reserves the right to retain backup copies of content for a reasonable period necessary for technical, legal, or operational purposes.

Upon deletion or termination of a User account, the license granted to Photo.travel with respect to User Content shall terminate, except where retention is required by law or necessary to protect the legitimate interests of Photo.travel.

5. Content use restrictions and licensing

All content available on the Service, including User Content and other materials hosted on Photo.travel, may be used only within the scope expressly permitted by these Terms and the functionality of the Service.

5.1. Prohibited uses

Users are prohibited from using any Service content:

• for unlawful purposes, including use in pornographic, defamatory, misleading contexts or for the promotion of violence, hatred, or discrimination;
• in violation of applicable law, industry standards, or mandatory requirements, including restrictions imposed by professional, sporting, or regulatory bodies;
• in a manner that enables third parties to download, extract, or distribute content as a standalone file separate from the Service or final project;
• by misrepresenting the origin of content or falsely claiming authorship, including presenting licensed or published content as original work.

5.2. Editorial content

Content designated as "editorial" or "for editorial use" may be cropped or technically adjusted solely to improve image quality, provided that its editorial integrity is preserved.

Any other alteration of editorial content that distorts its meaning, context, or misleads the audience is prohibited.

Additional consent for editorial use

The User may grant the Service additional consent for editorial and promotional use of uploaded content by explicitly confirming such consent through the Service interface.

If such consent is granted, the User provides the Service with a non-exclusive, royalty-free, revocable, worldwide license to use the relevant content solely for the operation, promotion, and editorial presentation of the Service, including publication on the website, social media, and partner materials of the Service, with attribution to the author unless otherwise expressly agreed.

The absence of such consent does not limit the User's right to use their content at their own discretion and does not affect the ability to publish content within the standard functionality of the Service.

5.3. Sensitive subjects and disclaimers

When using content depicting individuals or private property in potentially sensitive, controversial, or unfavorable contexts, the User must clearly indicate that such content is used for illustrative purposes only and that the depicted persons are models.

This requirement does not apply to editorial content used in good faith within a non-misleading editorial context.

5.4. Additional restrictions

Photo.travel may establish additional usage restrictions for specific categories of content or collections. Such restrictions form part of these Terms and are binding upon the User.

6. Disclaimer of warranties, limitation of liability, and changes

6.1. Disclaimer of warranties

The Photo.travel Service is provided "as is" and "as available." Photo.travel makes no warranties regarding uninterrupted, timely, secure, or error-free operation of the Service, nor regarding the absence of technical failures, data loss, or software errors.

Photo.travel disclaims all express or implied warranties, including but not limited to warranties of fitness for a particular purpose, meeting User expectations, or commercial value of content.

6.2. Limitation of liability

To the maximum extent permitted by applicable law, Photo.travel shall not be liable for:

• any indirect, incidental, special, or consequential damages, including loss of profits, data, reputation, or business opportunities;
• actions or omissions of Users and any User Content published through the Service;
• unauthorized access to User accounts, loss of access, alteration, or deletion of content;
• moderation decisions, account suspensions, or content removals made in accordance with these Terms.

The User is solely responsible for maintaining access to their account, including email address, password, and PIN code, and for all actions taken through their account.

6.3. Modification or termination of the Service

Photo.travel reserves the right to modify, suspend, or discontinue the Service or any part thereof at any time, with or without notice, unless otherwise required by applicable law.

6.4. Amendments to the Terms

Photo.travel may amend, supplement, or update these Terms at any time. The current version of the Terms will be published on the website with the date of the latest update.

Continued use of the Service after such changes take effect constitutes acceptance of the updated Terms. If the User does not agree, they must discontinue use of the Service.

6.5. Final provisions

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain valid and enforceable.

These Terms constitute the entire agreement between the User and Photo.travel regarding use of the Service and supersede any prior agreements on this subject.

These Terms shall be governed by and construed in accordance with generally recognized principles of private international law, without regard to conflict-of-law rules. Any disputes shall be resolved at the place of registration of the Service operator or by other means determined by Photo.travel in accordance with applicable law.