Regulamin

General regulations

The Fotoferia Website is an Internet service dedicated to photographers. Having fulfilled the requirements included in Regulations hereof, each User may publish his Photographs and comment on Photographs of other Users in compliance with provisions presented further herein. These Regulations refer to the service available at the domain http://www.fotoferia.com . The Administrator reserves the right to change these Regulations after having informed Users about it at the website http://www.fotoferia.com 7 days in advance.

 

 

Artykuł 1. Definitions

 

The following terms used in the Regulations are defined as listed below:

 


Analysis

A substantial Analysis of a Photograph submitted and published at the Website by another User , referring in a competent way to the artistic, content-related and technical aspects of a Photograph.

 

Author

A private person who is the author of Photographs presented at the Website.

 

Darkroom

Part of the Website where Photographs rejected after voting are published. .

 

Shoutbox

 

By using the shoutbox Users can exchange information, conduct, and invite other people to discuss a specific topic related to photography. Communication takes place in real time. Chat can provide educational role. Users with higher statuses will serve and assist novice users. The Website will invite persons who are well known in Photography to discuss different subjects.

 

Forum

Part of the Website where Website Users and Website Team publish posts

 

Fotoferia Club  

A regular association under the name “Fotoferia Club” located in Kołobrzeg, registered on 26th of May, 2010. It affiliates photographers participating in competitions under the auspices of FIAP PSA. The main objective of the Club affiliates is to achieve subsequent ranks and titles in the aforementioned organizations. The Fotoferia Club is one of the PSA clubs and participates in the club competitions of this organization. In addition the Club is the FIAP (ILFIAP) representative, which enables its members to take part in the Club World Cup and to win the artistic titles (CAFIAP)

Club regulations

 

 

Photograph

A creative outcome of individual artistic activity, recorded in a digital format, published with permission of the Website User at the Website.

 

High Gallery

A part of the Website where Photographs preliminarily selected by Website Users are submitted by the Website Team, on the basis of compliance with highest technical and artistic standards.

 

Inferia

A part of the Website which is used as a waiting room for Photographs submitted anonymously by Users. In this gallery it is not possible to award any scores.

 

Account

A User account maintained at the Website, uniquely named for each User (with his login). The account accumulates and stores all data provided by the User to the extent sanctioned by law, by the rules of the Website and the Regulations hereof.

 

 

Contra

A gallery at Fotoferia website where photographs of effect and quality positioning them between the Darkroom and the Low Gallery are placed. This is a space for photographs evoking mixed emotions among Users, for controversial photos and photos which aroused interesting discussions.

 

Fotoferia Website

An Internet site dedicated to photography, supplemented with additional Internet functionalities, available at the following website address: http://www.fotoferia.com

 

Users statuses

 

The administration reserves the right to advance to the recognition of amateur / photographer taking into account the user's photographic achievements presented at the Website, and user activity (voting activity, the quality of comments written analysis). Failure to comply to Webiste Regulations may result in the withdrawal of promotion.

 

Debutant

This User Status is awarded to a new Website User after he completes completion of the Registration process. A Debutant can: publish 2 Photographs per week in Inferia, analyze photographs of other Users in all galleries with the 150-sign limit, and participate actively in discussions at Forum.

 

Adept

 

This status is being given when the sum of recommended analyses and photographs in the Low Gallery reaches 5 or 100 points. The “recommended

analysis” means it’s been recommended by 3 Users with the ‘Photographer’ status at least. Adept can rate the photos but can not vote in Inferia.

 

 

Amateur

A User Status awarded after accumulation of 20 recommended Analyses (the “recommended analysis” qualifying for a higher status is the one recommended by 3 users having at least the Photographer status) or 20 Photographs in the Low Gallery or the total number of 20 recommended Analyses and Photographs published in the Low Gallery. An Amateur can publish 2 Photographs per week in Inferia, vote in Inferia, write Analyses with the 150-sign limit, tag Photographs as favourite, recommend Analyses, evaluate Photographs in the Low and High Gallery, and participate actively in discussions at the Forum.

 

Photographer

This User Status is awarded after having written 40 recommended Analyses (the “recommended analysis” qualifying for a higher status is the one recommended by 3 users having at least the Photographer status) or after publication of 40 Photographs in the Low Gallery or after accumulation of aggregated 40 recommended Analyses and Photographs published in the Low Gallery in all . A Photographer can publish 2 Photographs per week in Inferia, vote in Inferia, write Analyses with the 150-sign limit, tag Photographs as favourite, recommend Analyses, evaluate Photographs in the Low and High Gallery, and participate actively in discussions at Forum.

 

Pro/Art

Statuses Pro/Art are awarded after fulfilling the following criteria: - evident and true activity at the Website - high quality of photographs presented at the Website - representing the Website’s best interests.

Honorable

The User needs 10 photos in the High Gallery to achive this status.

 

Regulations

The regulations hereof.

 

Registration

Procedure of opening an Account at the Website.

 

Act

Copyright and Related Rights Act of 4th February 1994 (original text: Journal of Laws 1994 No. 24 item 83).

 

User

A subject , private or corporate person, who fulfills the requirements defined herein, who registered at the Website and accepted the Regulations hereof and as a result is publishing his Photographs, or Photographs he has full unlimited copyright to, at the Website pages, using the Website finctionalities.

 

Administration

 

Administrator

The subject responsible for the proper functioning of the Website, in particular the upload of Photographs, Analysis and Users’ comments, supervising the fulfilment of technical requirements of the Website, moderating discussions at the Website in compliance with respect for personal rights of Users and other legally protected values and ensuring high artistic standards of the Website. .

 

Moderator

A person given special rigths to enforce the rules on the Website

 

Supporting Team

The owner, the Administrator and individuals contributing to the development of the Website.

 

Article II. Conditions of participation

1. The Website may be used by individuals over 18 years of age, in possession of full legal capacity, and by bodies incorporated or unincorporated to the extent of the copyright transferred to them by the Authors.

 

2. Private persons who are underage but over 13 years of age may become the Website Users within the extent to which they may assume obligations or exercise their rights in compliance with current legal provisions.

 

3. The User registers at the Website. After a successful Registration, the Website generates a User Account attributed to the name (login) provided by the User along with the password attributed to the login and chosen by the User. The User gets access to his Account after providing his name and password at the Website (i.e. after logging in).

 

4. The User must not use another Users’ Accounts or make his Account available to third parties.

 

5. Participation in the Website is conditioned by the User’s possession of copyrights - as defined by the appropriate Act – to Photographs published by him at the Website. Photographs published by Users at the Website must not violate any rights of third parties, especially the legally protected personal rights. Each User agrees to obtain appropriate consent from persons whose image he publicizes at the Website.

 

6. The Website Team reserves the right to delete from the Website all Photographs, Analyses and comments comprising content that might violate anybody’s objectively defined personal rights, religious feelings or general decency, or would in any other way violate the provisions hereof.

 

7. Photographs, Analyses and comments published at the Website must not jeopardize the Website’s reputation in any way. In case of violation of this regulation, the Website Team reserves the right to delete such Photographs, Analyses and comments, and to take any necessary and legally sanctioned steps against such violation. .

 

8. It is the User’s sole liability for any claims from third parties related to violation of copyrights, author’s personal rights or any other rights of third parties resulting from using the Website and publishing his Photographs at the Website. In consideration of the above, the owner or entity having a legal title to the Website is absolved from any liability for claims of third parties resulting from violation of the copyrights, personal rights or other rights of these parties. Should any third parties assert claims due to the violation of their rights by publication by a User of a Photograph, Analysis or comments at the Website, the User agrees to accept sole liability for all costs of the potential court proceedings, costs of court representation and of compensations awarded under a court sentence or agreed on in a settlement. .

9. The user declare:

A) To only use the Website for lawful purposes and that any information that User provides in connection with, or which forms part of, The Website will be, as far as you User awares, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and anything that may bring offence you agree to indemnify the Website against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term.

B) Not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider being informed).

C) Do not carry out retaliatory voting or other actions against other users of the website

D) Do not mislead other Users of the Website by combining the positive comments of a negative vote, or vice versa.

E) Do not continue personal conflicts started on this or the other Websites or places

F) Do not publish on the Website Photography which violates the boundaries of good taste, profanity and which contains racist and pornographic material

G) All photographs published in the Inferia (gallery) will be published anonymously ie without reference to the author. Anonymity in Inferii is very important to maintain a balanced and objective vote based on the quality of the work posted Therefore:

- Photos published in Inferii may NOT contain signatures, watermarks, etc.

- Should not contain descriptions or anything else that may prove their authorship (links to blogs, photo workshops, etc.)

- Creative photography may not contain descriptions of links to source materials (it is possible to add such a description, if necessary, after the 24 hour period of anonymity).

 

All images that do not meet the above criteria will be transferred to Darkroom or removed from the Website.

 

10. The User, which does not apply to these Regulations receives a warning from Administration. In case of continuing acts inconsistent with the Rules of User's account may be blocked for a specified period 7 to 14 days or in case of drastic violations indefinitely. There is also the possibility of blocking the publication of content (comments, Analysis, posts on the Forum) - NON POST ban

 

11."Shoutbox can be used by any person who register and pays for the access. User declares to comply with the laws applicable in Poland and the Website Regulations . User may not use chat for other purposes than is apparent from the nature and object of the Website, in particular, is not allowed:

a. Not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws;

b. do not put any advirtesment;

c., do not take any action which may jeopardize the rights or personal rights of the Website Users, the Website or third parties

 

Article III. Privacy and personal data

1. The Website gathers and processes personal data provided by Users in compliance with legal provisions in force in the Republic of Poland, and in particular in compliance with regulations of the Act from 29th August 1997 on personal data protection (Journal of Laws 1997 no. 133 item 883).

 

2. In order to ensure the privacy of the Users, the Website does not grant access to personal data of a User to other Users.

 

3. Each User may demand at any time to have his personal data, processed at the Website, updated, changed or deleted by the Website Team.

 

 

 

Article IV. Using the Website

1. Using the Website is free.

 

5. Each user grants the subject having legal rights to the Website a free non-exclusive license to publish Photographs, Analyses and comments of his authorship for the duration of time when he is registered as the Website User. The aforementioned license shall comprise the following: publication of Photographs, Analyses and comments at the Website, making Photographs, Analyses and comments available to the public in order to popularize and advertise the Website, however in a way that will not violate the Users’ personal rights and copyrights, and other legally protected rights.

 

6. The User cannot publish advertising materials at the Website. However, the Website reserves the right to publish advertising materials at the Website pages on grounds of separate agreements, which may also be drawn up with Website Users.

 

7. The User hereby confirms his awareness of the fact that it’s not in his powers to delete photographs from Inferia, the Low Gallery or the High Gallery from the level of his profile. This provision is binding for photographs of substantial artistic or educational value to the Website. None of the photographs published in Inferia, the Low Gallery or the High Gallery may be deleted by the user from the level of his profile. The same refers to the Darkroom, provided that the photograph is accompanied by at least one analysis written by another User. Other photographs in the Darkroom may be deleted from the user level. This procedure originates from the fact that the Fotoferia Team’s priority is the prosperity of the Website. Another consideration is the effort put into photograph selection and analysis by the Team members and other Users. The photo can be deleted by the Administrator (please contact team@fotoferia.pl)

 

8. The User may cease to use his account at any time. It is not possible to delete the account from User's profile. In such case Photographs, Analyses and comments published in the High Gallery, the Low Gallery and the Darkroom will become part of the Website archive resources. The User hereby agrees to grant a free non-exclusive license to the Website owners to use the aforementioned materials stored in the archive solely in educational purposes related to the evaluation system used at the Website. This license is binding in terms of using and publishing the Photographs, Analyses and comments. Under extraordinary circumstances the Website Team will delete all Photographs, Analyses and comments indicated by the User; in such case the Website Team must be notified two weeks in advance about the User’s request by an e-mail sent to the following address: team@fotoferia.pl.

 

9. Photographs, Analyses and comments stored in the archive will be used by the Website only to document the evaluation scheme of the Photograph in question. The Website will not benefit financially in any way from publication of these Photographs, Analyses or comments.

 

Article V. The Website Administration

1.. The Website is a moderated Internet service, which means that the Administrator can delete Photographs, Analyses and comments. The User may contact the Administrator by sending an e-mail to the following address: admin@fotoferia.pl..

 

2. The Administrator hereby agrees to exercise due diligence in order to ensure the proper functioning of the Website. .

 

3. The Administrator is not liable for damages or profits loss resulting from:

- software, technological and/or technical errors in the functioning of the Website and in consequence the distorted perception of the published Photographs,

- a temporary suspension of the functioning of the Website,

- incorrect use of the Website by Users,

- granting  access to their accounts to third parties or other Website Users by the accounts’ owners, 

- making the User accounts’ access data available to third parties, 

- loss of Photographs, Analyses and comments published at the Website by the User,

- the type of content published by Users at the Website, 

- termination of the Website

 

 

 

Article VI. Final provisions

1. The Website Team may change the Regulations and implement a new version of services provided within the Website. Such a change shall become effective at the date defined by the Website, which will not be sooner  than 7 days from the date of making the changed Regulations available at the Website. Continuation of  using the Website by a User following  such a change will be, in case of any doubt, considered as approval of  the changed regulations of the Website. 

2. The Regulations shall become effective at the moment of publication at the Website. 

3. In the event of cancellation of any of the provisions in the Regulations  hereof, the remaining provisions hereof shall remain effective, unless it is obvious under the circumstances that without the cancelled provisions the Regulations are null and void. 

4. The Website Team  makes a commitment to resolve all disputes related to the use of this Website amicably. 

5. The Website Team reserves the right to:  

- shut down the website without prior notification,  

- introduce changes to available functionalities, introduce new functionalities as well as to delete them  and to terminate the provision of services after having  informed the Users about it at the Website. 

6. All conflicts related to the use of the Website shall come under  Polish law. All disputes related to the use of the Website shall be resolved  by  Polish common courts of proper jurisdiction. 

7. The name of the Website, the graphical design of the Website and the contents published by the Website Team at the Website are legally protected.

 

 

 

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