Acceptance of Terms and Conditions

All good websites have terms and conditions. So do we. If you visit or use this website, you are bound by our terms and conditions…

Picturk Limited (“Picturk” or “we” or “us”) makes the website at www.picturk.com (the “Website”) and the services on the Website available subject to these terms and conditions (the “Terms and Conditions”). By accessing the Website and/or using any of the services on the Website (the “Services”), you (including, for the avoidance of doubt, any entity or person on whose behalf you are acting) (the “User” or “you”) acknowledge that you have read and agree to be bound by and comply with these Terms and Conditions and by our privacy policy which is available at http://www.picturk.com/help/privacy-statement (the “Privacy Policy”).

Please read these Terms and Conditions carefully as they contain a number of contractual provisions which affect your rights including exclusions of liability.

We reserve the right to change these Terms and Conditions at any time without notice. Each time you access this Website or use the Services, you will be bound by the current Terms and Conditions. If you do not agree, or are not comfortable, with any of these Terms and Conditions, your only option and remedy is to immediately discontinue use of this Website. If there is any conflict between our Privacy Policy and these Terms and Conditions, these Terms and Conditions prevail.

Minors

…the Website is not intended for you if you are under 18 years of age…

You represent and warrant that you are of legal age to use this Website and to form a binding contract with Picturk. The Website is not intended for Users who are eighteen (18) years of age or less. Children under 18 years of age should obtain the permission of their parents or legal guardian before accessing the Website.

Registration

…if you want to use the Services on the Website, you will need to register with us by setting up an account with a username and password. You should be very careful to protect the secrecy of your account details and password…

Picturk does not store your password if you access the Website using third party created user accounts such as Facebook or Google. You are responsible for maintaining the third party account that you use to access the Website.

You are responsible for maintaining the confidentiality of the username and password and are fully responsible for all activities that occur under your password or account. Please carefully maintain the confidentiality of your user name and password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form and to promptly update that information as necessary. If you provide any information that is untrue, inaccurate, not current or incomplete, or we reasonably suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

Privacy

…we don't share your information…

We take your privacy very seriously and the collection and use of Personal Information (as defined in the Privacy Policy) is subject to the terms of our Privacy Policy and the Data Protection Acts 1988 and 2003. You can read our full Privacy Policy at: http://www.picturk.com/help/privacy-statement

Communications

…you might hear from us from time to time…

You understand and agree to receive communications from Picturk from time to time, such as administrative messages and service announcements. These communications are necessary for Picturk to provide you with the Service.

User Conduct

…in your use of this Website, do not steal other people's content, breach other users' rights, publish spam, publish offensive or harmful content, divert our traffic or try to generate a profit from the Services we provide.
If you abuse the Services we provide, we will terminate your account, and we may need to share your information to investigate the abuse...

You agree not to use this Website or the Services to do any of the following:

  • Infringe the intellectual property rights of others (including other Users of the Website)
  • Publish the personal information of any third party without their explicit consent;
  • Publish content that is libellous, abusive, or is illegal or unlawful in nature;
  • Use the Website or the Services for commercial purposes without the explicit consent of Picturk;
  • Publish machine, computer or randomly generated content;
  • Publish any content whatsoever which is designed to drive traffic to third party sites;
  • Publish anything on the Website which is designed to boost the search rankings of third party sites;
  • Mislead other Users of the Website or the general public as to the source of material which you have published on the Website; or
  • Commit any acts on the Website which in the option of Picturk is harmful to the Website, other Users of the Website or to the general public.
  • You agree not to use the Website in any manner that could damage, disable, overburden or impair the Website or any Services provided by the Picturk.
  • You agree not to harvest or otherwise collect by any means any material, data, information of artistic works from the Website.

We reserve the right to suspend or terminate User accounts and prevent or limit further access to the Website due to the breach of these Terms and Conditions or any applicable law.

We reserve the right to remove temporarily or permanently any content which is abusive, illegal, or disruptive or which we otherwise deem to be in breach of these Terms and Conditions.

You agree to be limited to the file size, bandwidth, and storage limitations related to your account level. You acknowledge that we reserve the right to remove or disable any account or content that is using excessive bandwidth or otherwise abusing the system. You further acknowledge that we may change our file size, bandwidth, or storage limitations without notice.

You agree that we are not responsible or liable for the deletion or failure to store any content maintained by or transmitted through the Website. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you publish or store on the Website.

You acknowledge, consent and agree that we may access and disclose your account information and content if required to do so by law or if we believe in a good faith that such access or disclosure is reasonably necessary to comply with legal process, further our legitimate business interests, enforce these Terms and Conditions, respond to your queries, investigate any alleged breach of third parties' rights, or protect the rights, property or personal safety of Picturk, the Websites Users and the public. Any processing of your personal information will be carried out further to our Privacy Policy and the Data Protection Acts 1988 and 2003. Please see our Privacy Policy for further details.

Rules, Terms & Conditions, and Privacy Policies relating to Competitions

… third parties (such as newspapers and associations of photographers) use the Website to host competitions, they have rules too, make sure your read their rules…

One of the Services available on the Website is the hosting of competitions (this term includes competitions such as International Salons, Photography Awards, Challenges, Grand Prix or Exhibitions) (“Competitions”).

A Competition might have its own  Rules, Terms & Conditions, and Privacy Policy (“Rules”) which are set by the host of that Competition and not by Picturk. Where there is a conflict between the Competition terms and conditions set by a host of the Competition (not being Picturk) and these Terms and Conditions, The Competition Rules take precedence and are binding.

Submissions to the Website

…it is not our job to monitor or edit your submissions, but if we receive complaints about anything you submit, we can decide to remove it…

You are solely responsible for your own submissions, uploads, postings and communications and assume any and all consequences arising from your activity on the Website.

We are not responsible for screening, moderating or exercising any editorial control over any content which is posted on the Website. If notified by a User of content which allegedly does not conform to these Terms and Conditions, we may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the content.

Intellectual Property Rights

...users own their work. If you infringe the rights of others, we will suspend or even terminate your account…

We respect the intellectual property rights of authors and creators and we ask that Users to do the same. In accordance with these Terms and Conditions and in appropriate circumstances and at our discretion, we disable and/or terminate without notice the accounts of Users who may be infringing the intellectual property rights of others.

Licensing & Copyright

…if you post material on the site, you continue to own your photographs, but you agree to allow us use your photos on the Website…

We do not claim ownership of photos uploaded to the Website. Picturk neither has nor wants any ownership of your photos.

However, by uploading your photos to the Website (whether in the context of your participation in a Competition or otherwise) you hereby grant to Picturk, a limited license to use your photos for the purpose of delivering and Promoting the Picturk Service.

Disclaimer

…you use this site entirely at your own risk. We can't promise that the Services will be error-free all of the time, so we cannot take legal responsibility for technical problems, or problems with any of the content on the Website...

Your use of the Website (including but not limited to your participation in a Competition or use of any of the Services) is entirely at your own risk. We are not responsible for what Users post on the Website and we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website.

We disclaim, to the fullest extent permitted by applicable law, liability for any type of loss or damage which may be suffered by any person resulting from the dissemination or use of this Website.

We may at any time and without liability modify, suspend or discontinue the Services or the Website, with or without notice, for technical, operational or other reasons.

Picturk and its officers, directors, employees and agents make no warranties or representations that the Website will operate error-free or that the Website and its servers are free of defects (software or hardware).

Picturk and its officers, directors, employees, agents make no warranties or representations that the Website will not experience any delay in operation or transmission, communications line failure, be subject to theft or destruction or unauthorised access to, or alteration of, User communications, viruses, bugs, and other harmful elements.

If your use of the Website (including but not limited to your participation in a Competition or use of any of the Services) results in the need for servicing or replacing equipment or data, we assume no responsibility whatsoever for those costs.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any communications, content (including images or data) posted by other Users, or endorse any opinions expressed by Users. You acknowledge that any reliance on content posted by other Users will be at your own risk.

The Website and any Services (such as Competitions) that are made available on the Website are provided on an “as is” and “as available” basis without any warranties of any kind. Picturk and its officers, directors, employees and agents, to the fullest extent permitted by law, disclaim all conditions and warranties, express or implied including, without limitation, any warranty or terms of merchantability, non-infringement of third parties rights, and any warranty of fitness for particular purpose. Picturk and its officers, directors, employees and agents make no warranties about the accuracy, reliability, completeness, or timeliness of any content available on or through the Website, or that the Website will meet your expectations or requirements.

Limitation of Liability

…If Picturk finds itself in a legal dispute because of your use of the Website, you agree to take full responsibility….

To the fullest extent permitted by applicable law, Picturk and its officers, directors, employees, agents, disclaim liability for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption and even if such losses or damages were foreseen, foreseeable or known or we or any other party were advised of the possibility of them in advance) resulting from the use or inability to use the Website or the Services, whether based on statute, contract, tort, or any other legal cause.

The aggregate liability of Picturk to you for all claims arising from the use of the Website (including but not limited to the software) is limited to €1 and you acknowledge that this is a genuine pre-estimate of any loss you might suffer as a result of such a claim.

Indemnity

… you indemnify Picturk completely against any loss resulting from your use of the Website…

You agree to defend, indemnify, and hold harmless Picturk and its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting whether directly or indirectly from your use of the Website (including but not limited to any software) or your breach of these Terms and Conditions.

Links

…we are not responsible for any third party website, even if links appear on the website…

The Website contains links to third party websites. Picturk is not responsible for the content of linked third party websites and do not make any representations regarding the content or accuracy of materials on such websites. If you decide to access linked third-party websites, you do so at your own risk.

Governing Law & Jurisdiction

…the laws of Ireland apply to your use of the Website and in the event of a dispute, the Irish Courts will have jurisdiction…

The Website is controlled by Picturk from its location within Ireland. Users who access the Website from other locations do so at their own initiative and are responsible for compliance with applicable local laws.

Any disputes, claims or proceedings arising out of or in any way relating to the Website (and/or the contents of the Website) shall be governed by the laws of Ireland. The Irish Courts shall have exclusive jurisdiction for the purpose of any proceedings arising out of or in any way relating to the Website. Without prejudice to the foregoing, Picturk may seek provisional or protective relief in the courts of other jurisdictions prior to, during or after any substantive proceedings have been instituted in Ireland and Picturk may (at its sole discretion) bring enforcement proceedings in another state on foot of an Irish judgement.

Termination

...we can terminate your account. You can send us an email support@picturk.com requesting that your account be terminated.

Picturk may terminate your membership, delete your profile and any content or information that you have posted on the Website at any time, with or without notice, at its sole discretion including but not limited to in circumstances where it believes that you have breached these Terms and Conditions, in accordance with requests by law, in the case of unexpected technical or security issues, extensive period of inactivity and /or death of the account holder. You may terminate your account at any time by sending us an email at: support@picturk.com. Your account will be terminated as soon as reasonably practicable following receipt of your written request.

Picturk shall not be liable to you or any third party for any termination of your account.

Complaints

Unhappy?, let us know in an email: support@picturk.com

If there are any aspects of these Terms and Conditions or the Privacy Policy, or if you would like to make any comment or complaint in relation to this Website, please email Picturk: support@picturk.com