Your use of MGWS GCV’s products, software, services and web sites (“Services”), such as allowing, submitting, posting, obtaining, emailing or transmitting information, including text, graphics, pictures, video, links, addresses, data, functionality and other materials (“Content”) to the Services, is subject to the terms of a legal agreement between You and MGWS GCV (“Photoportfolio”) as laid in these General Terms (hereafter “Agreement”). Please read the terms in this Agreement carefully before using the Services.
By using the Services or by agreeing to this Agreement by any user interface made available to You by Photoportfolio, You agree to be bound by the terms and conditions in this Agreement and attest that You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You under this Agreement. If You do not agree to all the terms and conditions in this Agreement, You may not use the Services.
3.1 You shall provide Photoportfolio with accurate, complete, and updated registration information, including Your valid e-mail address.
3.2 You shall be responsible for keeping the confidentiality of Your password, and agree to notify Photoportfolio immediately of any actual or suspected loss, theft, or unauthorized use of Your Content or password. You are solely responsible for any use of or action taken under Your password and accepts full responsibility for all such activity.
3.3 You accept that Photoportfolio sends You information concerning Your subscription.
3.4. You accept that Photoportfolio sends You newsletter emails. If You do not want to receive the newsletters You can unsubscribe at any time.
4.1 You agree and acknowledge that the Services that are subject to the terms and conditions herein are solely for Your own use.
4.2 Photoportfolio may modify, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Use of the Services by You following such modification constitutes Your acceptance of the terms and conditions in the Agreement as modified.
4.3 Photoportfolio will use reasonable efforts to ensure that Services are available at all times. Where it is under Photoportfolio’ control, Photoportfolio will take reasonable steps to minimize disruption of the availability 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 used by Photoportfolio.
4.4 Photoportfolio 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.
5.1 You acknowledge and agree that the Services contain proprietary and confidential information that is Photoportfolio property and/or property of Photoportfolio’s licensors and is protected by law. Subject to the terms and conditions in this Agreement, Photoportfolio grants You a non-exclusive, non-transferable and terminable license to use the Services. You understand and agree that rights granted to You are provided on the condition that You do not transfer or sub-license the Services or any part thereof or likewise attempt to discover any source code, modify the Services in any manner or form, or use unauthorized modified versions of the Services.
5.2 You agree not to access the Services by any means other than the interfaces that Photoportfolio provides to You.
5.3 You agree that You are responsible for all Content that You allow, submit, post, obtain, email or transmit to the Services. Photoportfolio does not guarantee the accuracy, integrity or the usefulness of the Content available via the Services.
5.4 Photoportfolio does not control Your Content nor does Photoportfolio have any obligation to review, refuse, or remove any Content available via the Services (unless ordered to by non-reviewable decision from a competent court); however, Photoportfolio reserves the right to, at its own discretion, remove any Content available via the Services at any time. Photoportfolio may remove Your Content due to e.g. violation of this Agreement, abuse of the Services, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement.
5.5 The Service is limited to transfer of Content up to 100 GB per month. Photoportfolio may temporarily disable Your account if You use more than 100 GB/transfer per month. Photoportfolio reserves the right to adjust the limitation at any time with 30 days notice to You. You acknowledge that if You downgrade features in the Services, You may lose part of Your Content and agree that Photoportfolio will have no liability to You of any kind or nature arising out of or related to loss of Your Content.
5.6 You are responsible to backup the Content that you upload to the Services. Photoportfolio can never be held responsible in case Content is damaged or lost.
6.1 The transfer of Content that You contribute to the Services does not change the ownership of the Content. However, Photoportfolio reserves the right to use print-screens (screen shots) of the Content for commercial purposes. Such use shall be deemed permitted under this Agreement.
6.2 Upon termination of Your use of the Services, Photoportfolio shall make all reasonable efforts to promptly remove Your Content from the Services. However, You recognize and agree that caching of or references to Your Content may not be immediately removed. Photoportfolio is in addition allowed to keep a back-up copy of Your Content for archival purposes.
7.1 Photoportfolio reserves the right to modify, suspend or discontinue the Services at anytime without further notice to You.
7.2 Photoportfolio may, without previous notice, access, preserve, remove and disclose Your Content if required to do so by law, or if, in Photoportfolio’s reasonable judgment, such measure is necessary in order to: (a) comply with Your requests for assistance with the Services,
(b) comply with legal process,
(c) address claims from third parties that Your Content violates their rights, or
(d) supervise that no use of the Services to transfer or store threatening, obscene and/or illegal material takes place
7.3 Photoportfolio will take reasonable security precautions when transporting or storing data or other communications, but expressly disclaims liability for the accessing of any such data communications by unauthorized persons or entities.
7.4 You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete.
7.5 You agree that Photoportfolio has the right to suspend or terminate Your use of the Services or any portion thereof if You provide information that is intentionally inaccurate, not current or incomplete in a material way, or Photoportfolio has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way.
7.6 You authorize Photoportfolio to: (a) disclose the password that is used to access Your Content in the Services to those persons to whom You have authorized Photoportfolio in writing to disclose to; and
(b) send electronic and other transmissions of any current and future Content to those persons to whom You have authorized Photoportfolio in writing to disclose to.
8.1 You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Your right to Services.
8.2 Use of the Services to transfer or store threatening or obscene material is expressly prohibited.
9.1 When You enter into this Agreement, Photoportfolio will provide You with a domain which belongs to You for the duration of Your use of the Services.
9.2 If you hold a domain and wish to use it in connection to the Services, Photoportfolio will use reasonable efforts to assist in using that domain.
9.3 Should applicable fees not be paid by You in time, the domain will be deregistered. Photoportfolio is not responsible for any third party take over of the domain following deregistration.
9.4 If or when Your use of the Services is terminated Photoportfolio will provide You with a transfer key, if requested by You in writing, to enable Your transfer of Your domain to a new host. Transfer must be initiated at least 45 days before termination of Services.
9.5 Should Your domain upon deregistration be put in quarantine by the host and You wish to reclaim it, Photoportfolio has the right to charge You for its assistance in the matter.
9.6 Photoportfolio will not in any event be liable to You or any other party for failure to transfer Your domain, lost renewal etc. (see article 15).
10.1 Photoportfolio will not provide e-mail accounts as part of the Services. However, Photoportfolio will use reasonable efforts to assist in setting up e-mail accounts via third parties or through e-mail forwards.
10.2 Contact forms may be provided as part of the Services. Photoportfolio will not in any event be responsible for delivery failure or wrong delivery connected to the contact forms.
11.1 All payments due are in EURO € unless otherwise indicated.
11.2 After entering into this Agreement You have the right to a 14 days trial period except for the cost for the domain. Thereafter, all payments are final and non-refundable except in Photoportfolio’s sole discretion.
11.3 All types of the Services are subscriptions defaulted to renew automatically, unless otherwise agreed upon. Accordingly, within 30 days before the anniversary date of Your subscription, You will be charged the current price rate. Photoportfolio charges for Your type of subscription to the Services. Photoportfolio reserves the right to modify price rates at any time with 30 days notice to You.
11.4 You authorize us to bill the payment source You provide to Photoportfolio for all applicable fees.
11.5 If Your payment source is declined at any time (including, but not limited to situations where Photoportfolio seeks authorizations or charge attempts), Photoportfolio may make up to two attempts to reprocess Your payment source. Thereafter, Photoportfolio reserve the right to disable or cancel Your use of Services immediately.
12.1 You are free to terminate Your use of the Services at any time.
12.2 Photoportfolio may without notice to You terminate Your right to use the Service immediately for, including but not limited to, the following reasons:
a) breach of this Agreement, including use of the Services in violation of article 8 (Restrictions);
b) any request by law enforcement, government agencies or court order;
c) security and technical issues or problems;
d) lack of payment of any fees owed by You; or
e) inactivity period longer than two months.
12.3 After termination of use of Services, Photoportfolio has no further obligation to grant access to the Services.
12.4If Your use of the Service is terminated for any reason, whether by You or by Photoportfolio, You will lose and forfeit any time remaining on Your account with Photoportfolio.
12.5 You are responsible for the removal of Your Content through the interface provided by Photoportfolio upon Service termination. In the event that the Content is not removed, Photoportfolio reserves the right to remove said Content at its own discretion.
13.1 Photoportfolio gathers personally-identifying information only to the extent necessary to fulfill the purpose of the Services. Photoportfolio does not disclose such information other than as described below. You can refuse to supply personally-identifying information, but it may prevent you from engaging in the Services, in part or in whole.
13.2 Photoportfolio has the right to disclose such information to employees, contractors and affiliates that need to know that information in order to process it on Photoportfolio’s behalf, and that have agreed not to disclose it to others. Should any of the above entities be located outside of Your home country, You consent to the transfer of such information to them by using the Services.
13.3 Photoportfolio reserves the right to disclose potentially personally-identifying and personally-identifying information only when required to do so by law, or when disclosure is necessary to protect the property or rights of Photoportfolio or any third party.
You agree to indemnify, defend, and hold harmless Photoportfolio from any liabilities, damages, and costs, including, but not limited to, attorneys’ fees and settlement costs, resulting from claims from third parties:
(a) regarding Your Content;
(b) regarding Your infringement or misappropriation of any patent, copyright, trade secret or trademark of any third party; or
(c) regarding Your use of the Services in violation of the terms and conditions in this Agreement.
The Services are provided on an “as is” and “as available” basis, and Your use of the Services is at Your sole risk. Photoportfolio cannot be held responsible for any damage, lost Content, lost renewal etc.
Photoportfolio accepts liability only in accordance with the legal provisions for damage caused by a grossly negligent or intentional violation of essential contractual duties.
Photoportfolio shall not be liable to You for any indirect, incidental, consequential, special, punitive or exemplary damages resulting from:
(a) inability to use the Services,
(b) substitute services,
(c) unauthorized access to or alteration of Your Content,
(d) any third party conduct on the Services, or
(e) any other matter relating to the Services.
18.1 This Agreement constitutes the entire agreement between Photoportfolio and You and governs Your use of the Services. It replaces and supersedes any prior agreements between Photoportfolio and You with respect to the Services.
18.2 Nothing in this Agreement will be construed to constitute either party as a partner, employee or agent of the other party.
18.3 Photoportfolio’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver.
The Agreement shall be governed by and construed in accordance with the laws of Belgium. You agree that all conflicts relating to the Agreement shall exclusively be deferred to the competent district court of Brussels, Belgium.