Description of services
FAFAFANS provides a platform via its website and apps (the “Site”) to a community of registered users (“users” or “you”) to engage in a variety of activities, including to upload and display photographs (“Visual Content”), share comments, opinions, and ideas, promote Visual Content Galleries, participate in contests and promotions, register for premium membership accounts (“Premium Accounts”), and license Visual Content through our distributors (individually and collectively, the “Services”). The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.
Acceptance of Terms
BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.
Modification of Terms
FAFAFANS reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, FAFAFANS will notify you by posting an announcement on the Site. What constitutes a material change will be determined at FAFAFANS’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.
In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.
Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. FAFAFANS reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Visual Content at any time at its sole discretion and without prior notice. FAFAFANS may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site
Registration
As a condition to using the Services, you are required to open an account with FAFAFANS, select a password and username, and to provide registration information including a valid email address. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by terminating your account. Any personal information that you provide to FAFAFANS is governed by the FAFAFANS Privacy Policy.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your FAFAFANS account.
Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old to register, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
The Services are for use by a) individuals who own Visual Content; and b) entities that represent owners of Visual Content including, but not limited to, galleries, agents, representatives, distributors, and other market intermediaries. If you are the owner of the Visual Content, but not the creator, you are not allowed to upload content for the purposes of self-advertising.
User Conduct
All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate. You acknowledge and agree that you, and not FAFAFANS, are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through FAFAFANS’s messenger service. FAFAFANS does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent, or objectionable.
As a condition of use, you promise to abide by our Content Guidelines and not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by FAFAFANS. By way of example, and not as a limitation, you agree not to use the Services:
1) To abuse, harass, threaten, impersonate, or intimidate any person;
2) To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3) To communicate with FAFAFANS representatives or other users in an abusive or offensive manner;
4) For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
5) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any FAFAFANS user;
6) To create or transmit unwanted ‘spam’ to any person or any URL;
7) To create multiple accounts for the purpose of voting for users’ Visual Content;
8) To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
9) With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
10) To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
11) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
12) To promote or sell Visual Content of another person unless you are expressly authorized to do so; or
13) To sell, assign, or otherwise transfer your Profile or account.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to FAFAFANS
You are solely responsible for your interactions with other users of the Site. FAFAFANS reserves the right, but has no obligation, to review disputes between you and other users. This includes the right to review messages exchanged through FAFAFANS messenger service, based on any reports that FAFAFANS receives alleging the violation of these Terms through the use of FAFAFANS messenger service, including without limitation, reports regarding alleged harassment, indecency, and offensive messages.
If the Services or Site are used in a manner that violates the Terms in any way, FAFAFANS may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.
Links
The Services may provide, or third parties may provide, links to other sites or resources. Because FAFAFANS has no control over such sites and resources, you acknowledge and agree that FAFAFANS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FAFAFANS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Release and Indemnity
You hereby expressly and irrevocably release and forever discharge FAFAFANS, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless FAFAFANS, its affiliated and associated companies and its authorized distributors, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or FAFAFANS Username and password, (iv) the use of your Visual Content, or (v) any violation of any rights of a third party. FAFAFANS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Trademarks
FAFAFANS.COM, FAFAFANS graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of FAFAFANS. FAFAFANS trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FAFAFANS.
Termination
FAFAFANS may terminate or suspend any and all Services and/or your FAFAFANS account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your FAFAFANS account, you must do so in writing and it will result in the removal of your Visual Content from the Site pursuant to these Terms. Upon termination (by FAFAFANS or you), FAFAFANS will remove your Visual Content. It is your responsibility to retain copies of your Visual Content because FAFAFANS will automatically remove and delete Visual Content from your account prior to termination.
Warranty Disclaimer
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. FAFAFANS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAFAFANS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER FAFAFANS NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CLIENTS, OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. FAFAFANS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.
YOU AND FAFAFANS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF FAFAFANS AND ALL PARTIES TO ANY SUCH PROCEEDING.
General Provisions
1) Controlling Law. The Terms shall be governed by and construed in accordance with the laws of Greece as applicable, without regard to conflicts of laws principles.
2) Confidentiality Obligation. For as long as either party possesses any confidential information, each party agrees to not disclose any Confidential Information of the other party to any third party or use any of the Confidential Information except as necessary to perform that party’s obligations under these Terms. Confidential information includes without limitation information concerning marketing plans, financial results, pricing schedules, product lines, product plans, proprietary technology, research information, practices, trade secrets, and any and all other information as deemed confidential by the disclosing party which is not generally known to the public.
3) Assignment. These Terms shall be binding upon and shall inure to the benefit of the parties’ heirs, executors, administrators, successors, and permitted assigns. FAFAFANS may assign its rights and obligations under these Terms, including without limitation, any assignment resulting from any corporate reorganization, merger, sale of substantially all the assets to which these Terms relate. Your obligations under these Terms are personal and may be assigned only with FAFAFANS’s prior written consent; however, your right to receive payment may be assigned without FAFAFANS’s prior consent.
4) Relationship of the Parties. Nothing in these Terms will constitute the relationship of an employer and employee, a principal-agent, partnership, or a joint venture between the parties. You are responsible for obtaining and maintaining all applicable business licenses and insurance, and for timely payment of all income, payroll, and employment-related taxes, including without limitation all unemployment, workers compensation, income tax withholding, social security, and any other taxes of any nature.
5) Notices. Notices to be served in accordance with these Terms may be served by email, or by mail, at the election of FAFAFANS. However, email shall be the predominant source of communication. You agree to notify FAFAFANS of any change in your email or mail address for the purpose of notification pursuant to this Agreement.
6) Severability. In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law, or so held by applicable court decision, such enforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and in such event such provision shall be changed and interpreted so as to best accomplish the objectives of such provision.
7) Entire Agreement. These Terms incorporate the entire understanding of the parties concerning the subject matter contained herein and merges and/or supersedes all prior and contemporaneous communications and/or agreements. No action of FAFAFANS, other than the express or written waiver or amendment, may be construed as a waiver or amendment of these Terms.
8) Personal Information.
We only collect personal information that is relevant to the purpose of our website. This information allows us to provide you with a customized and efficient experience. We collect the following types of information from our users:
Information You Provide To Us
1) We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features.
2) Registration: In order for you to use our services you must complete a registration form. As part of this registration form, we require certain personal information. Our lawful basis for collecting personal information from you is to provide our services and to communicate with you with your consent when you register with us. Our collection of personal information from you is limited to information that we require in order to provide our services to you.
3) User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information, such as your first and last names, email address, social media account links, a bio, and website URL. In addition, you may choose to include photos of yourself in your profile. As indicated below, in the section titled “Sharing Your Information”, you can control how your information is displayed and used.
4) You have the right to edit, update, access, or transfer your personal information, or to delete your personal information if you are terminating your registration with FAFAFANS.
Automatic Information
1) We receive and store certain types of information whenever you interact with us. FAFAFANS and its authorized agents automatically receive and record certain “traffic data” on their server logs from your browser and apps including your IP address, cookie information, and the page you requested. FAFAFANS uses this traffic data to help diagnose problems with its servers, analyze trends, and administer the website. This does not involve collecting any of your personal information.
2) In addition to the “traffic data”, FAFAFANS and its authorized agents may collect information about the device you’re using to access FAFAFANS, its operating system, unique device identifier, device settings such as language, and crash data. Which data is specifically collected depends on the type of device and/or system running on that device. This data is again used to help us diagnose problems with the site and/or mobile apps and analyze trends. This does not involve collecting any of your personal information.
3) FAFAFANS may collect and use information regarding the geographic location of your devices. If the location data contains your personal information, then FAFAFANS will treat this location data in accordance with this Policy.
4) FAFAFANS may collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages.
5) Many companies offer programs that help you to visit websites anonymously. While FAFAFANS will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
Cookies
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. FAFAFANS cookies do not collect personal information.
FAFAFANS utilizes third-party services like Google Analytics to help analyze how our site is used. These services, including Google Analytics, also use cookies to collect information about visitors to our site (including IP addresses) in an anonymous form that does not include personal information.
Sharing Your Information
Because FAFAFANS enables people to discover and share information with one another, information about the people who use FAFAFANS is an integral part of the FAFAFANS experience. Rest assured that we will not rent or sell your personal information to anyone and that we will share your personal information only as described below:
User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other FAFAFANS users in your User Profile. The User Profile is the area where we allow you to tell other FAFAFANS users about yourself. You may control what personal information is displayed in your User Profile
Followers’ Activity: Much like other online social networks, FAFAFANS allows non-followers to browse your followers’ activity.
Service Providers: FAFAFANS may share user information as well as information from tools such as cookies, log files, device identifiers, and location data, with third-parties that help FAFAFANS provide services to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary for FAFAFANS to provide our services. FAFAFANS requires Services Providers to protect your data in a manner consistent with this Policy and to limit the use of such information to the performance of services for FAFAFANS. FAFAFANS may also remove parts of data that can identify you and share anonymized data with Service Providers, including combining your information with other information in a way that it is no longer associated with you.
With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.
Ways to Control Display and Use of Your Information
As stated previously, you can always opt not to disclose information, but then you may be unable to use certain features on our website.
By visiting your User Profile, you can correct, amend, add, or delete personal information on our website.
Changes to This Privacy Policy
FAFAFANS may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the FAFAFANS website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.
Conditions of Use
If you decide to visit FAFAFANS website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of Greek law.
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