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Terms of Use

1) General

  1. These Terms of Use govern your access to and use of the www.photomiyako.com website (“Site“), which is owned and operated by SAKAHON Group Ltd. (“Provider“), e-mail address: info@photomiyako.com.
  2. Please read these Terms of Use carefully before accessing or using the Site. These Terms of Use limit our liability and may substantively affect your rights. By accessing or using the public or private portions of the Site, you accept and agree to be bound by these Terms of Use. If you are accessing or using the Site on behalf of your employer or another person or entity, you represent and warrant that you have full legal authority to bind such employer or other person or entity. If you do not have such authority or you do not agree with these Terms of Use, do not access or use the Site.

2) Changes to Legal Terms

  1. The Provider may change these Terms of Use and the guidelines, policies, restrictions and agreements on the Site at any time and from time to time without notice. You are cautioned to review the Terms of Use and the guidelines, policies, restrictions and agreements posted on the Site periodically. Your continued access to or use of the Site after any such changes are posted will constitute your acceptance of and agreement to the changes.

3) Content and Other Materials

  1. The Provider offers an on-line marketplace where people may submit and upload at the Site a variety of works generated optically, electronically, digitally or by any other means or in any media or other material (any and all of such works that are uploaded to the Site or otherwise submitted to us, individually and collectively, “Content”) so the same may be downloaded by and licensed to users, members, registrants and licensees of the Site.
  2. No Content may be uploaded to the Site or otherwise submitted to the Provider unless the person or entity doing so (a “Contributor“) first agrees to the Contributor Agreement, as the same may be changed by us from time to time (“Contributor Agreement"), and any and all Content uploaded to the Site or otherwise submitted to the Provider is contributed to it on the terms and subject to the conditions of the Contributor Agreement.
  3. Except as provided below under Evaluation Usage, no Content may be downloaded or otherwise copied from the Site, unless the person or entity doing so first agrees to a Royalty Free Licence Agreement, as the same may be changed by the Provider from time to time (the “License Agreement”), and any and all Content downloaded or copied from the Site is subject to and only may be downloaded and used on the terms and subject to the conditions and restrictions of the License Agreement.
  4. All Content and other works, content and materials (including the organization and presentation of the foregoing) on the Site (the “Materials”) and copyrights and other intellectual property rights therein and thereto are the Provider’s property and of its licensors and are protected by copyright, trademark and other intellectual property laws. SAKAHON Group Ltd. and www.photomiyako.com are the Provider’s trademarks.
  5. Unless you have entered into a separate written agreement with us, such as the License Agreement and as may be expressly permitted by said agreement, except as provided below under Evaluation Usage, any use of any of these Materials, including any modification, public display or performance, derivative use, exploitation or distribution, without the Provider’s written permission is strictly prohibited. No copyright and other intellectual property notices or watermark on any Materials shall be deleted or modified.

4) Evaluation Usage

  1. Provided and for so long as you comply with these Terms of Use, the Provider grants you a limited, non-transferable license (the “Evaluation License”) to:
    1. download watermarked, preview, thumbnail version of any Content consisting of images (“Thumbnail(s)”) and the information regarding such Content that is displayed on the Site (“Content Information”), and
    2. use the Thumbnail and Content Information solely for the purpose of evaluating whether you wish to purchase a license to the image under the License Agreement. You may use Thumbnail and Content Information solely for your internal evaluation and for no longer than sixty (60) days from the date of download, except for this limited, internal evaluation use, you may not copy, distribute, publish, display, sublicense, make available, or otherwise use in any way the Thumbnail or the Content Information, and you may not use any Thumbnail in any work or materials distributed or displayed outside of your company. If you purchase a license to the image under to License Agreement, the above limitations will not apply to the extent provided in the License Agreement.

5) Use of the Site

  1. The Provider operates the Site as a service provider of an on-line marketplace, providing storage of materials on our systems or networks at the direction of its users.
  2. You will access and use the Site and participate in the Site for lawful purposes only and only in accordance with these Terms and Conditions and the guidelines, policies, restrictions and agreements on the Site.
  3. You will not on or though the Site do any of the following:
    1. conduct any unlawful activity and write un;
    2. upload any Content that is illegal, offensive, abusive, indecent, defamatory, harassing or menacing;
    3. send or upload any communication or Content that infringes, misappropriates or violates anyone else's copyright, trademark, privacy, publicity or any other legal right;
    4. conduct any activity which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam";
    5. resell or make commercial use of the Site, any part thereof or, except as permitted by the License Agreement as related to Content downloaded thereunder, any Material;
    6. collect or use any Content descriptions or information or prices, except (i) to view and evaluate for purchase of a license of the Content under the License Agreement or (ii) as permitted by the License Agreement as related to Content downloaded thereunder;
    7. download or copy any member, registrant or Content information for the benefit of another merchant or website except as necessary to utilize rights to downloaded Content pursuant to the License Agreement;
    8. use any data mining, robots or similar data gathering and extraction tools on or at the Site or use any other automated means to access the Site;
    9. frame or use framing techniques to enclose the Site or any part thereof or any Content or any trademark, logo, or other proprietary information (including images, text, page layout or form) of us or the Site without our express written consent;
    10. use any meta tags or any other "hidden text" utilizing any of our names or trademarks without the Provider’s express written consent;
    11. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our servers or other infrastructure or use the Site in any way that causes, or is likely to cause, the Site or access to or use of it to be interrupted, damaged or impaired in any way;
    12. advertise products or services or solicit any user of the Site, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email; or
    13. exploit for any commercial purpose without our express written consent the Site, any part thereof except as necessary to utilize rights to downloaded Content pursuant to the License Agreement.

6) User Codes

  1. You agree that:
    1. a) you will not share the user ID or password that you obtained or use in connection with your access to or use of the Site, an upload to the Site or a purchase of a license to Content from the Site (collectively “User Codes”) with any other person,
    2. b) you will take all necessary actions to preserve the confidentiality of such User Codes,
    3. c) you are responsible for all acts or omissions that occur under any User Code; and
    4. d) you will immediately notify the Provider in writing in the event that you learn that:
      1. any such User Code is lost, stolen, or improperly disclosed to a third party;
      2. the authority or employment of any person provided with a User Code on your behalf has been or is about to be terminated;
      3. the confidentiality of any User Code has been compromised in any way; or
      4. you learn about a possible or actual unauthorized access to and/or use of the Site.

7) Links

  1. The Site may contain links to internet content which is not a part of the Site. You agree and acknowledge that the Provider is not responsible for such content.

8) Termination of Use

  1. The Provider may at its sole discretion terminate or limit anyone’s access to or use of the Site at any time and for any reason without prior notice. In addition, the Provider may immediately terminate or limit your access to or use of the Site and/or any Evaluation License without notice, if you fail to comply with any provision of these Terms of Use or any other agreement with the Provider. In such event, you agree to immediately (i) stop using the Site and all Thumbnails and Content Information and (ii) delete all Thumbnails, Content Information, other Materials and all copies thereof from all digital media and destroy all other copies, or, at the Provider’s request, return all such copies to it. If the Provider terminates or limits your access to or use of the Site for breach of any agreement or terms or reasonable cause, it will not be obligated to refund any fees paid by you.

9) Services

  1. The Provider may provide services in connection with the Site, including email notifications, image and Content downloading and information publication. The Provider will endeavor to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless the Provider for any damages arising out of your use of the Site, including the unavailability, failure or improper operation of services provided in connection with the Site.
  2. You may incur fees for using certain services (“Fee-Based Services”) provided by the Provider. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay the Provider all fees charged by us for Fee-Based Services you elect to access.

10) No Implied Warranty

  1. The site, our services and the materials are without any representation, warranty or guaranty of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose or title, all of which are expressly disclaimed. The Provider does not represent or warrant that the site, its services and the materials will meet your requirements or that their use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the site, its services and the materials is with you.

11) Limitation of Liability

  1. The Provider shall not be liable to you or any other person or any other person or entity for any damages or lost profits, costs or losses arising under these terms of use or arising out of your use of the site, our services or any of the materials, even if it has been advised of the possibility of such damages, costs or losses.
  2. Notwithstanding anything else in these terms of use, the total maximum aggregate liability of the Provider under these terms of use, or the access or use of the site or any of the materials, shall be limited to an aggregate of CZK 1(one Czech Crown) or the amount set forth in the license agreement, if applicable and greater, even if we have been advised of the possibility of such damages.

12) Indemnification

  1. You agree to indemnify and hold the Provider harmless against all claims or liability asserted against it arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

13) Claims of Intellectual Property Infringement or Other Rights Violated

  1. The Provider believes that it is important to respect the intellectual property and other rights of others. However, it is not possible for us to monitor or be aware of the Content and other Material that is displayed on the Site or the activity of our members, registrant, licensees and users. Accordingly, the Site operates on a “notice and takedown” basis. If you believe that your intellectual property, privacy or other rights have been infringed, misappropriated or violated by any Content or other Material, please email a notice to the Provider at the address set forth therein.
  2. The Provider believes that it is important to respect the intellectual property and other rights of others. However, it is not possible for us to monitor or be aware of the Content and other Material that is displayed on the Site or the activity of our members, registrant, licensees and users. Accordingly, the Site operates on a “notice and takedown” basis. If you believe that your intellectual property, privacy or other rights have been infringed, misappropriated or violated by any Content or other Material, please email a notice to the Provider at the address set forth therein.

14) Interpretation

  1. If any provision, or portion thereof, of these Terms of Use, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of these Terms of Use, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.
  2. This Agreement shall be construed in accordance with the laws of the Czech Republic without regard to its choice of law provisions. The parties hereby consent to the jurisdiction of the relevant Czech court located in the Czech Republic.
  3. You represent that, if you are an individual, you are at least 18 years of age and have the full right and authority to enter into these Terms of Use.
  4. The Provider may assign these Terms of Use without your consent to any other party so long as such party agrees to be bound by its terms.
  5. These Terms of Use are in addition to the Contribution Agreement, the Royalty Free License Agreement and the Privacy Policy and the policies, guidelines and restrictions contained on the Site (which are all incorporated by this reference into these Terms of Use).

Privacy statement

1) Introduction

At www.photomiyako.com, we understand and respect your concern about the privacy of any information you supply while at our web site. We believe that knowledge is the key to monitoring and protecting how your information is used on the Internet. This statement sets forth our Privacy Policy and describes the practice we follow with respect to all visitors to this web site, which is owned and operated by SAKAHON Group Ltd. If you have any questions regarding this privacy statement please do not hesitate in contacting us. Email your questions to info@photomiyako.com. Please note that by agreeing to SAKAHON Group Ltd.’s Privacy Policy and providing your personally identifiable information you consent to: the use of your personal information by SAKAHON Group Ltd. for the uses identified in Section titled “Personal Information,” in accordance with this privacy policy; and the transfer of your information to servers located in the Czech Republic.

2) Scope and Purpose of Collection and Use of Personal Information

We collect the following personal information from you:
  1. Contact Information such as name, email address, mailing address, phone number
  2. Billing Information such as billing address
  3. Unique Identifiers such as user name, account number, password
  4. Preferences Information such as product wish lists, order history, marketing preferences
  5. Information about your business such as company name, company size, business type
  6. Information about your computer such as your IP address, browser type, referring/exit pages, and operating system.
We use this information to
  1. Fulfill your order
  2. Assess the needs of your business to determine suitable products
  3. Send you requested product or service information
  4. Respond to customer service requests
  5. Administer your account
  6. Send you a newsletter
  7. Display content based upon your interests

3) Unsubscribe Instructions

You may choose to stop receiving our newsletter or marketing e-mails by following the unsubscribe instructions included in these e-mails or you can contact us at info@photomiyako.com.

4) Information Obtained from Third Parties

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

5) Information Sharing

We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties. We may also disclose your personal information

  • as required by law such as to comply with a subpoena, or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
  • to any other third party with a prior notification to you of our intention to do so.

6) Data Security 

The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at info@photomiyako.com.

We provide two means for you to make a purchase on our site. You can either use our order form or a third party payment option. If you use our shopping cart, the transmission of sensitive information collected on our order form is encrypted using secure socket layer technology (SSL). If you choose to use a third party payment option to pay for your order, its privacy statement and security practices will apply to your information. We encourage you to read that privacy statement before providing your information.

7) Accessing, Correcting and Updating Your Personal Information

You as a Registered User have a right to access your personal information given to us. You can edit, correct and update your personal information by yourself at the website ‘My Account’. To access the website ‘My Account’, you should sign up (complete registration) and log in as a Registered User.

8) Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by e-mail (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

9) Contact Information

You can contact us about this privacy statement at the address below:
E-mail: info@photomiyako.com

Effective as of 2015