PhotoConsent
General terms and conditions
1 July 2019
The following terms and conditions of trade (“terms”) include your use of the website www.photoconsent.dk and www.photoconsent.eu (the “website”), as well as all associated websites associated with this domain or services associated with the PhotoConsent’s platform (the “platform”).
We also encourage you to read our privacy policy for the website.
When using the website, you agree to the following terms of use of the platform.
Generally
PhotoConsent reserves the right to modify, add or remove any part of these terms at any time. The Terms will always be freely available and it will be your responsibility to check the terms before using the website. Your continued use of the website following any changes to these terms implies acceptance of the new and amended terms.
As long as the conditions are met, PhotoConsent grants a personal, non-exclusive, non-transferable and limited right to use the website and the platform solely in accordance with these terms.
It is a requirement to create a profile and log in and/or use the profile that you are over 18 years of age or older.
AboutPhotoConsent and its use
PhotoConsent is an online service that wishes to facilitate the work of securing consent for the use of photos and films, including in particular the creation, retrieval and storing of consents. PhotoConsent provides electronic templates that can be easily filled in and edited by the user as needed. At the same time, PhotoConsent makes it possible to electronically obtain and store consents. PhotoConsent is only a service to help companies and individuals create, retrieve and store consents for the use of photos and films. PhotoConsent is not a legal service and is not subject to applicable rules for, for example, lawyers or legal advice.
When using the website and the platform, all applicable laws must be complied with. Any breach of law in the use of the website and the platform will result in breach of the terms and may result in notification to the appropriate authorities.
By using the website and the platform, you vouch for the content of the consent, your ability to access the consent, the information herein and the profile, and that you are authorized to obtain and store the consent.
PhotoConsent is not a party to the consent agreements drawn up by the use of Photoconsent’s services. PhotoConsent is not responsible for the validity or enforcement of any consent obtained on the platform, including breach and neglect of the consent agreement or any dispute thereof.
Creating a profile
When you create a profile through the website you need to enter basic information, such as name, company, address, etc. All information entered must be true. This information can always be updated or changed. You agree and are aware that those who receive the consent will have access to that information.
Storage
All consents created and obtained will be archived at PhotoConsent indefinitely, or until you delete them yourself as long as your subscription and account are active.
If a subscription is terminated by either yourself or by PhotoConsent in accordance with the provisions of these terms, consent statements and templates may be deleted or made inaccessible. PhotoConsent will provide reasonable help in handing over your consents, but the responsibility for the backing up of your consents is solely at your own risk. Thus, PhotoConsent is not responsible for lost consents.
PhotoConsent has implemented reasonable and appropriate security measures of both a physical, technical and administrative nature. PhotoConsent uses standard security protocols and mechanisms to exchange sensitive data and information by encryption. It will always be PhotoConsents intent to prevent unauthorized access, maintain data, and ensure appropriate use of information as far as possible.
PhotoConsent does not sell, rent, lend, trade, or otherwise disclose your information to third parties unless such disclosure is necessary to: (a) Comply with a court order or other legal process; (b) Protect our rights or property; (c) Enforce our general conditions; or (d) Promote our commercial interest, whereby any third party shall, however, be subject to the same confidentiality as ourselves.
In the event of bankruptcy, PhotoConsent will send an email to all users of the website and the platform. PhotoConsent has prepaid server space for 6 months. Users will be responsible for obtaining their documents and information themselves.
Disclaimer
PhotoConsent is not a party to the consents which are prepared and stored using Photoconsent’s services. PhotoConsent thus has no responsibility or may not be a party to any dispute that may arise between the parties in a consent or about the content of a consent. Likewise, PhotoConsent has no obligation to resolve or act as a mediator in any way in conflicts.
PhotoConsent does not substitute legal advice. The material and services provided through the platform are only services of an informational and assisting nature. Therefore, PhotoConsent is not responsible for whether the agreements concluded with PhotoConsent’s services are valid under the law in force at any given time.
As a user of Photoconsent’s website and Platform, you are responsible for ensuring the confidentiality of your information, account information, profile information and password. If you suspect any unauthorized use of your profile or any breach of security, you must immediately notify PhotoConsent.
PhotoConsent is not responsible for any damages that anyone may suffer or incur as a result of, but not limited to:
- Indirect loss;
- Missing or technical failures on the platform
- Problems arising from the Internet coverage of either PhotoConsent or the user, including sudden interruptions of internet access
- Web content or information on our website or use of our services
- Agreements concluded with third parties
- Information or communication that is blocked by a spam filter and/or advertising filter
- Damage to your computer, phone, or damage to or loss of information, material, data, text, images, video, audio, or the like, as a result of crashes – whether this is done by malicious attacks, viruses, etc. or by faults with our suppliers
- Force majeure conditions (e.g. weather related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terror or government orders or actions.
Contact & Newsletters
When you create a user at PhotoConsent you agree that PhotoConsent may contact you via the email and/or phone number you provide on your profile in connection with customer support, news and information about the product, surveys and marketing.
You will have the right to opt-out of this contact at any time by writing directly to PhotoConsent at the mail address: email address
Personal information
PhotoConsent processes personal information. You are therefore encouraged to read PhotoConsent’s privacy policy. As a prerequisite for the use of the website and the platform, the privacy policy must be accepted. The privacy policy can be accessed here: Link to privacy policy
Intellectual property rights
All media, software, text, templates, images, graphics, user interfaces, music, videos, photos, trademarks, logos, illustrations, designs, codes and other content on the website and the platform are owned by or licensed to PhotoConsent. This content is copyrighted and PhotoConsent, in accordance with the Danish copyright law, has the exclusive right to control it. It therefore requires explicit consent or an agreement for the content to be reproduced, registered, retransmitted, sold, rented, broadcast, distributed, published, uploaded, leased, transmitted, publicly displayed, create derivative works from, digitised, translated or transmitted in any way to another computer, website or other medium or for commercial purposes.
PhotoConsent and all other marks, illustrations, icons, logos and names of the Website are protected trademarks of PhotoConsent or its licensors. The use of such trademark without the express written consent of PhotoConsent is strictly prohibited.
Feedback and any inputs to PhotoConsent or our templates are PhotoConsent’s exclusive property without payment or compensation.
Prices and payment
Prices are stated in the agreement with PhotoConsent or on the website.
Payment is made by sending an invoice or by entering card information through an associated external payment service. Please note that payment services may charge fees. The payment service encrypts card information and these are not stored by PhotoConsent.
Please note that PhotoConsent’s services are offered as a subscription. By subscribing, you will thus be billed according to the subscription you want or the agreement you have entered into with PhotoConsent. For more information about the subscription arrangements, please read the section below and on the website.
Please note that there may be reminders, fees and interest on non-payment.
If you are a private person, the general conditions for the right of withdrawal apply when purchasing over the Internet. You therefore have the right to cancel your purchase or subscription within 14 days from the order date.
Subscriptions
PhotoConsent offers one or more types of subscriptions in which various features, templates and/or services may be available. PhotoConsent’s subscriptions, prices, fees and payment terms are clearly stated on the website.
PhotoConsent reserves the right to change the prices of the subscriptions. Any price changes will be notified at least 2 months in advance before the changes take effect.
PhotoConsent will also notify you of any changes to your subscription before the changes take effect. If you do not accept the changes, you will have the possibility to terminate your subscription before the changes take effect within a suitable deadline.
Termination
You can cancel your subscription at any time through the platform or by contacting PhotoConsent. Your subscription will, however, run until the end of the next month from the day you duly announce your termination.
PhotoConsent reserves the right to change or discontinue one’s access to the platform (or any part thereof) with or without notice, and to terminate one’s subscription if PhotoConsent discovers any breach of these terms or by use out of ordinary good practice.
PhotoConsent is not liable to any users or any third party who would suffer losses due to changes, price changes, suspension or termination of the platform.
The information that others have received from you when entering into agreements will continue to be available to third parties. PhotoConsent has no responsibility for the deletion of the information you have provided yourself.
Miscellaneous provisions
Delay, failure to take action or decisions under these conditions does not constitute a waiver of any provision or rights under these conditions.
If it is found that one of the provisions of these conditions should be invalid or unenforceable under applicable law, this contract must nevertheless be enforced to the greatest extent possible. Other conditions are not affected by the invalidity of one or more provisions.
These terms and the acquired rights hereof are personal to you and may not be transferred, assigned or delegated to others. Thus, it is not permissible and will never be valid in any way to attempt to transfer, assign or delgate these terms or rights.
These terms and your use of the platform or website are governed by Danish law. Any dispute arising under these conditions or as a result of one’s use of the platform or website shall be settled by the Copenhagen City Court.
