TERMS OF SERVICE
1.1. Welcome to Photagon, a Platform as a Service (PaaS) owned and operated by Photagon LTD (hereinafter ‘Photagon’ or ‘We’), a company specialized in On-line photo contests and processing that offers both free and paid services, accessible through the internet as Platform as a Service (hereinafter the ‘Photagon Platform’ or «Service»).
1.2. These Terms of Service (hereinafter ‘ToS’) as may be modified from time to time are legally binding and apply to all users and all services. By purchasing, subscribing to, accessing or otherwise using the Photagon Platform, You acknowledge that you have given these Terms of Service reasonable and valuable consideration and you fully accept them.
1.3. Any modifications shall be effective upon publication. Your continued use of the Photagon Platform signifies your acceptance of the revised ToS. Substantial changes will be communicated to Users via email, while Users may communicate with us at firstname.lastname@example.org for any related inquiry.
The Photagon Platform allows the user to:
- To register for a free access to the platform
Free access includes
- Creating a personal profile;
- Connecting with users (follower/following);
- Viewing public profiles of other users;
- Viewing the photo gallery of photagon;
- Commenting photos and adding them to favourites;
- Accessing archived contests in the Contest finder section, to view results and photos;
- Seeing all time rankings;
- Seeing the photagon news feed in the home page, with all the contest activity in photagon;
- Getting notifications in regard to transactions and other functional features. These include no promotional communications whatsoever, as such communications are solely on an opt-in basis;
- Requesting PCoins from other users;
- Receiving bonus PCoins for participating in free in-platform challenges;
- Providing archives for every contest participation and transaction;
- Social media sharing of photos;
- Reporting photos and blocking users;
To create, develop and foster your community;
- Add photo to favourites
- Publish personal or professional information in the profile
Paid services include
Buying PCoins (the platform’s credit) in order to participate in all photagon’s activities. To participating in contests (PCoin Classes) with the following steps:
- Select PCoin Class (contest price category)
- Pay the participation fee in PCoins, according to the PCoin Class;
- Participate in Photagon Contests; see our Photagon Contest Section;
- Upload photos (new or previously used), solely by participating in the Photagon Contest
- Vote photos (every vote equals 1 PCoin) of other users (among max. 100 users)
- Receive votes (every vote equals 1 PCoin)
- Keep track of the progress of the ongoing contest at any time
- Get a position in the final ranking and see their earnings in Pcoins
- Selling or purchasing photos or participate in relevant negotiation processes; (see our sell/purchase, negotiation section)
- Reaching a wider audience; (this includes contests, vis-à-vis transactions, negotiating processes, Photagon referral system etc)
- Evolve the popularity status
- To connect with brands, products and services;
- To support causes for the public interest; see our Causes section.
Monetary reciprocities: by receiving votes in PCoin Class participation, by selling photos (with fixed or negotiable price), by receiving PCoins from other users. See our Reciprocities section
3. Your Commitments
- You must be 18 years or older to use the Photagon Platform. If you are under 18 please do not use this site.
- You are solely responsible for your conduct in contests, shows, publications, ;
- You are solely responsible for any data, text, information, screen names, graphics, photos, profiles that you submit, post, and display on the Photagon Platform and the consequences of publishing them;
- You are solely responsible for any transaction you carry out on the Photagon Platform;
- You must not, in the use of Photagon Platform violate any laws in your jurisdiction (including but not limited to copyright laws).
4.1. In order to access our services you need to register by creating a username and a password for login and to get access to relevant services.
4.2. You are responsible for maintaining the confidentiality of the login details and your account. Photagon reserves the right to reject your subscription for any or no reason, in particular, due to User's breach of these Terms of Service.
5.1. When you provide a payment credential to us we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your payment. Your card will be charged at the time you initiate a payment, or shortly thereafter.
5.2. By submitting your credit card or PayPal info you:
- Expressly grant Photagon the right to charge you with the relevant amount of money according to your use of paid Services;
- Confirm that you are permitted to use that payment credentials;
- You also authorize us to collect and store that payment credential, along with other related transaction information. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about payment credential we store.
5.3. Photagon may change its pricelist at all times subject to prior notice via email or relevant announcement on the Photagon Platform.
6. INTELLECTUAL PROPERTY
6.1. All content available such as text, data, database, analyses, graphics, user interfaces, visual interfaces, photographs, trademarks, trade name, trade dress, logos, artwork, and software source code, formats of any kind, user’s scores, reviews and any related data and metadata (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, the overall know how and methods contained on the Platform is owned, controlled or licensed by or to Us. We retain all rights, title and interest in and to the Content and any portion thereof and it is protected by copyright, patent and trademark laws, and various other intellectual property rights, trade secret and unfair competition laws. The Content is provided ‘as is’ for your information and personal use according to the present ToS.
6.2. Except as expressly provided in these Terms of Service, no part of the Photagon Platform and no Content may be copied, reproduced, republished, rewritten, used as a news source, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercially exploited, without Our express prior written consent.
7. Your Content
7.1. We do not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content, namely information regarding bios, location, artwork, suggestions, reviews and any related data and metadata that you post, share and/or submit through the Services (hereafter “Your Content”). Instead, when you share, post, submit or upload Your Content that is covered by intellectual property rights , you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display.
7.2. All used images are credited to their respective photographers and will not be used, except as permitted by these Terms & Conditions.
7.3. Photagon does not endorse any of Your Content or any opinion, recommendation, or advice expressed therein and Photagon expressly disclaims any and all liability in connection with Your Content. Photagon does not permit copyright infringing activities and infringement of intellectual property rights on the Photagon Platform, and Photagon will blur or adequately edit Your Content, if properly notified that such content infringes on another's intellectual property rights.
8. Commercial Opportunities, Rewards & Payments
8.1. Photobook: Photagon may issue photobooks including Your Content. For further info please visit our Reciprocities section.
8.2. Print outs: Photagon may sell or otherwise exploit printed copies of Your Content. For further info please visit our Reciprocities section.
8.3. Reward Features
- Point system to measure the popularity status. The more points the higher the status based on Contest activity, regularity, earnings/likes. Absence of activity reduces points from the status .
- Bonus pLikes to encourage and/or reward contest participations (bonus PCoins can be used only in a contest).
- PCoins from invitations via emails (example, User A invites 100 contacts via email. When 10 of them register AND participate in a contest, User A receives 2 bonus PCoins for free)
9. Photagon Platform Access & Use
9.1. The following are just examples of the kind of conduct that is illegal or prohibited on the Platform, that a) is defamatory, harassing, threatening, or an invasion of a right of privacy of another person, otherwise harms or can reasonably be expected to harm any person or entity; b) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; c) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; d) using the Platform in a manner inconsistent with any and all applicable law;
9.2. Users may not install, upload and/or distribute any content that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Photagon Platform or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Photagon Platform.
10. Photagon Community
10.1. We understand Photagon Platform as a community that allows its members to inspire each other, to share knowledge, exchange ideas and develop co-creation processes in order to enhance natural, material and human capital. Users are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Photagon Platform, disclosing personal information to other users and entering in commercial transactions.
10.2. We consider the Photagon Platform as a domain for professional and commercial conduct. Therefore, we provide user cooperation and commercialisation opportunities. Registered users may enter into commercial agreements subject to their independent investigation, pursues and will to do so.
11. Disclaimers & Indemnification
11.1. In no event shall Photagon be liable to any user or third party for any direct indirect, consequential, exemplary incidental, special or punitive damages arising from your use of the Photagon Platform and/or any transactions among Photagon community members taking place herein.
11.2. Given the internet’s design and architecture Photagon does not warrant that any content will be error – free, that access hereto will be uninterrupted, that defects will be corrected or that any site service or the servers that make such content available are free of viruses or other harmful components. Photagon does not warrant or make representations regarding the use or the result of the use of any Content or Your Content.
11.3. Any monetary transactions take place through independent third parties. These parties are not under our control and Photagon shall not be held responsible or liable for any content, advertising, products or services provided by them as Photagon Platform is deemed as a passive platform.
12.1. ToS describe the general binding agreement between Photagon and You, complementary to any License Agreement or special terms, when applicable. In the event that any clause or portion of ToS was declared null and void for any reason whatsoever, the rest of the ToS shall remain in full force and effect.
12.3. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Photagon as a result of your access to and use of the Photagon Platform.