Terms of use

Welcome to Photler Terms of Use!

It’s amazing to have you aboard. Thank you for choosing us. For sure you won’t regret it.

We’re photographers and travelers not a lawyers, so we do understand that it could be exhausting to read it point after point. However, you’ll find here important legal terms. It’s significant to acquaint yourself with them, because those terms apply to everyone who visits photler.com or uses our services. When you sign in to our Portal, we inquire you whether you have read, understood and agreed to these terms.

Remember, you can always reach us at help.photler.com or at support@photler.com in case you have any question. You’re more than welcome to do it!

1. Description of services

1.1. The web pages available at photler.com ('Photler', 'Website', 'Services',  'Portal', 'we', 'our', 'us') and all linked pages are owned and operated by Photler. Our Service is a portfolio builder that offers medium for publishing content owned by individuals ('you', 'your', 'Member', 'User'). The Website is an online community which enables photographers and travelers to post pictures, share comments, options and ideas, promote their work, participate in contests and promotions, access and purchase services available on the Website. We may update the content, functionality, and interfaces of the Photler from time to time. Unless explicitly stated otherwise, any new features that modify or enhance the Website will be subject to these Terms of Use and other policies that accompany the updates.

2. Using the Photler service

2.1. As a condition to using Services, you are required to open an account with Photler, select a password and username, and to provide registration details. The registration information you provide must be accurate, true, complete and current at all times. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your Photler account. From our side, we want to assure you, that we will not in any event be liable to you or any other party for any suspension, modification, discontinuance or lack of availability of the Services.

2.2. We might (but we don’t have any obligations to do it) monitor content on User’s portfolio site and in case of noticing something undesirable, inappropriate, unacceptable we are allowed to refuse that content to public, remove or require you to remove, in order to protect our customers and visitors and operate the services correctly.

2.3. We will use our best efforts to ensure that Services are available at all times. Where it is under our control, Photler will take reasonable steps to minimize disruption of the Services caused by maintenance, upgrades and repairs or due to failure of telecommunications links and equipment or due to unavailability of third-party services uses by our Website.

2.4. We will inform you about important changes, updates as well as inspirations and photography and travel-related content via e-mail in a form of newsletter. You have every right to unsubscribe at any time.

3. General audience age restrictions

3.1 Website is intended for use by individuals over thirteen (13). No one under that age may also provide any information to Photler nor to anyone else through our Website, including name, address, telephone number, and email address. From our young audience (under 18), we will require verified parental or legal guardian consent. We kindly inform, that there are some areas of or about our website that may be off limits to children under thirteen (13). This is why by using our services you hereby certify that you are at least thirteen (13).

3.2. You, as a member have to be able to form a legally binding contract with us that would be in compliance with these Terms of Use and all applicable laws. Commerce-related area is open to persons over eighteen (18).

3.3. People under eighteen (18) are not permitted to access any mature content that might be located at photler.com.

4. Registration

4.1. Registration shall be performed by making a subscription on the photler.com. Website and by confirming it with the click on a link sent directly to the e-mail address provided at registration. By registering you become a member of our community.

4.2. You confirm that your country of residence is the same as your billing address.

4.3. The username on your Photler account must not be the name of trademark of another person or entity that is now lawfully available for the use or that you are not authorized to use. Alike, it simply must not be in any way vulgar, offensive, racist or obscene. We hope it’s fully understandable, but in case of violence that term, we reserve the right to force forfeiture of any username for any reason.

4.4. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on the account.

4.5. Do not share your password, do not give others the access to your account - that is essential for us to protect your portfolio and we simply could not do this without taking the precautions by you. Remember to contact us immediately if you notify any unauthorized use of your account or any other breach of security. Photler will not be liable for any loss you incur as a result of someone else using your password and account with, or without your permission.

5. User conduct

5.1. Maximum size of a digital file that you are allowed to upload depends on the selected plan: Basic - 2 MB, Standard - 10 MB, Premium - unlimited.

5.2. You, as a member, are entirely responsible for everything you publish, we do not control content submitted by you, and other users. You agree not to abuse, threaten, impersonate, harass and intimidate any person. The same goes for unlawful and prohibited content by law or these Terms of Use - you cannot post anything that has a connotation with pornography, plagiarism or injurious falsehood. Hate speech, impersonation and intimidation are not allowed.

5.3. You cannot post or transmit spam content and create multiple accounts for the purpose of commenting your own or other users galleries, photographs, images and blog posts.

5.4. It’s forbidden to post copyrighted content which doesn’t belong to you without acknowledging the source and obtaining owners’ permit.

5.5. You cannot advertise to, or solicit, any user to establish the purchase or sale, to use information obtained from Photler to make the above without the prior explicit consent.

5.6. It is prohibited to access the Website through automated methods. Our website is intended only for accessing it through an electronic device while ensuring manual control.

5.7. You should regularly and independently save and backup your content and all the data that are being processed by you, on account we might not maintain all copies of files or documents that are sent by you.

5.8. Regarding this Terms of Use you allow us to use your website and data created with Photler in perpetuity, free of charge and worldwide, in order of being a part of our marketing and promotional activities. You agree that your content is owned by you, and that Photler is allowed to publish, distribute and use the content without obtaining explicit permission or license from any third party.

6. Copyrights

6.1. YOU ALWAYS KEEP YOUR COPYRIGHTS - by uploading your photographs, copy and any other works you retain full rights to those materials that you had prior to uploading. You are the owner of those copyrights.

6.2. If you believe any materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our support team, we will contact you for further information.

6.3. It is our policy to respond promptly to any claim that content posted on the Website infringes the copyright or other intellectual property of any person. We can assure you, that we will take reasonable efforts to investigate every notice of alleged infringement. We will further take appropriate action under applicable intellectual property law and these Terms of Use where it believes an infringement has taken place, including removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website.

7. Selling photographs

7.1. Our Website offers you the possibility to sell and to purchase high quality photographs through the portfolio websites hosted and designed by Photler, which only provides a platform for completing the above transactions.

7.2. Photler does not take any commission on photographs sold by the Users.

7.3. Selling photos is a feature available only for those who have chosen the Premium Plan.

7.4. Photographs are sold pursuant to the license granted to Photler with which you can get acquainted here.

7.5. By uploading photo to Photler, you agree that you have obtained any product and/or model releases. It gives you permission to post, upload and sell the photo with logo, model or any recognizable individuals in it. Buyer may ask you to submit its written version. Here you can find an example of such release.

7.6. Payments are processed through our third party payment service provider (PayPal). 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.

8. Fees

8.1 Contract agreement between User and Photler can be concluded in two period options - for one month (1) or for twelve months (12).

8.2. In order to ensure that you do not experience any interruption or loss of Services due to expiration of chosen subscription plan, Photler will renew each Member's subscription automatically at the end of each billing period unless User notifies us in writing of its intent to cancel or modify the subscription.

8.3. Cancellation must be issued via your website manager interface or by contact with Photler’s support team via e-mail. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

8.4. At the beginning you can try out Photler during fourteen (14) days trial period without providing payment card details. If you sign up for it, you have to remember to purchase the services within that trial period in order to retain content that you have uploaded and posted during trial. Otherwise, your content will no longer be available.

8.5. You agree to storing your payment card details by Photler or our third party payment service provider anytime when you purchase any service offered for a fee. If the payment card you provided expires and you do not provide new payment card details or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected fees.

8.6. All fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof.

8.7. We reserve the right to change our prices and/or bundle certain parts of the Services together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

8.8. You may turn off the auto-renew feature for your current contract at any time. For that, you should contact our support team via e-mail: support@photler.com.

8.9. You may cancel further subscription to the one of plans at any time by sending us request to e-mail: support@photler.com or by cancelling it in your User Panel. The effective date of cancellation of paid services shall be on the day before the end of paid services subscription period.

8.10. In exceptional situations, as a result of serious a breach of these terms by the user, Services might be terminated by our side, at any time. Notice of termination of our services by Photler will be sent to the contact e-mail address connected to your account. After that, we have the right to delete all data, files and other information that is stored in your account. We hate to do it and we will certainly try to contact the the user before execution of this last resort.

8.11. All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.

9. Third party services

9.1. We are not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website, whether or not you were linked to or directed to any third party content through the Website.

9.2. Third party services, such as payment services including but not limited to, PayPal payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any third party content.

9.3. Your use of any third party content is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the third party content.

10. Domain

10.1. For the purpose of procuring and/or maintaining domains, Photler will act only as the agent between you and the organization responsible for domain name allocation, which at the moment is godaddy.com.

10.2. All new registrations and subsequent renewals of those registrations will therefore also be subject to the godaddy.com terms and conditions located at: http://www.godaddy.com/policy/servicesagreement.rcmx. We reserve the right to utilize another domain name service provider at any time, in which case the terms and condition of such organization will apply complementarily to these Domain Terms.

10.3. For users with paid subscription of the 'premium' plan, we may provide one (1) free domain name for up to one year. The domain will be included for the lifetime of your Photler account, and the domain will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. The free domain name only applies to certain top-level domains (e.g. .com, .net, and .org) when signing up for a new plan. Note, that free domain is available only for users with paid subscription, promotions do not combine.

10.4. You will be charged for auto-renewal forty-five (45) calendar days before your domain expires (even if that date differs from your Photler website subscription renewal date). You can, of course, opt out of auto-renewal by making such statement in a message to our support team via e-mail: support@photler.com.

10.5. You are responsible for providing correct and complete data regarding the domain name holder and the administrative contact when registering the domain name. The technical contact in all cases will be Photler.

10.6. We can neither guarantee that the requested domain names will be allocated to you and/or that allocated domain names are free of third-party rights nor guarantee their continued existence. Any information we provide regarding the availability of a domain name is based on the data provided by third parties and only refers to the time that information is requested.

11. Disclaimer and liability

11.1. We provide the Photler services on an 'as is', 'with all faults' and 'as available' basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law.

11.2. Your use of the Services is at your own risk. Photler cannot be held responsible for any damage, lost content, lost renewal etc. Moreover, we do not endorse any entity, product or service (including any third party services) mentioned on or made available via our services – so please be sure to verify those before using or otherwise engaging them.

11.3. We accept liability only in accordance with the legal provisions for damage caused by a grossly negligent or intentional violation of essential contractual duties.

11.4. As for limitation of liability, we should not be liable to you for any indirect, consequential, punitive, incidental or exemplary damages that are a result of inability to use the services, substitute services, unauthorized access to your content, any other matter relating to the services.

12. General information

12.1. This contract constitutes the entire agreement between Photler and you and governs your use of the Services. It replaces and supersedes any prior agreements between Photler and you with respect to the Services.

12.2. We reserve the right, in our sole discretion, to modify or replace any part of this contract at any time, effective upon the date of the change. In the event of any such change, we will post a notice on the website that we have changed this contract. We encourage you to visit this page periodically to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this contract constitutes acceptance of those changes.

12.3. We may also, in the future, offer new services and/or features through Website (including the release of new tools and resources). For the avoidance of doubt, such new features and/or services shall be subject to the terms and conditions of this Contract.

12.4. Nothing in this contract will be construed to constitute either party as a partner, employee or agent of the other party.

12.5. The contract shall be governed by and construed in accordance with the laws of Poland. You agree that all conflicts relating to the contract shall exclusively be deferred to the competent district court of Poznań, Poland.

If you have any questions about these terms, please contact us at support@photler.com.

Our Address: Photler, ul. Woźna 14/5, 61-777 Poznań.

Last Revised: 05.04.2016

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