Effective Date: October 15, 2024

Welcome to Photonia, a photo-sharing website where you can explore and interact with images. These Terms of Service (“Terms”) govern your access to and use of the website located at https://photos.rusiczki.net (the “Site”). Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Site.

1. Content and Ownership

  • Exclusive Posting Rights: All photos and images displayed on the Site are owned and uploaded solely by the Site owner. You understand and agree that you do not have the ability to upload or share your own photos on this platform.
  • Creative Commons Licensing: All photos on the Site are made available under specific Creative Commons licenses. Each photo will clearly display its applicable license, which dictates how you may use the image. You agree to comply with the terms of the relevant Creative Commons license for each photo you use. You can learn more about Creative Commons licenses at https://creativecommons.org/.
  • Your Content: You may contribute to the Site by posting comments and favoriting photos. You are solely responsible for the content you post. You represent and warrant that your content:
    • Does not infringe on the intellectual property rights of others.
    • Does not violate any applicable laws or regulations.
    • Is not defamatory, abusive, harassing, or otherwise objectionable.
  • License to Your Content: By posting content on the Site, you grant the Site owner a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with the operation of the Site.

2. User Accounts

  • Account Creation: To access certain features of the Site, such as commenting and favoriting, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
  • Account Accuracy: You agree to provide accurate and complete information when creating an account and to keep your account information updated.
  • Account Suspension: The Site owner reserves the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms or misuse of the Site.

3. Prohibited Activities

You agree not to:

  • Use the Site for any illegal or unauthorized purpose.
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt the Site or servers or networks connected to the Site.
  • Attempt to gain unauthorized access to the Site, other user accounts, or any other computer systems or networks connected to the Site.
  • Use any automated means, such as robots, spiders, or scrapers, to access the Site or collect content from the Site.
  • Upload or transmit any viruses, worms, or other malicious code.

4. Intellectual Property

  • Site Content: The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Site owner, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Photo Licensing: The individual photos displayed on the Site are licensed under the terms of the Creative Commons license attributed to each photo. You must adhere to the specific terms of the applicable Creative Commons license when using any photo from this Site.
  • Trademarks: Photonia and any associated logos are trademarks of the Site owner. You may not use these trademarks without the express written permission of the Site owner.

5. Disclaimer of Warranties

The Site is provided “as is” and without warranties of any kind, either express or implied. The Site owner disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Site owner does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

6. Limitation of Liability

In no event will the Site owner be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, arising out of or relating to your use of or inability to use the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Site owner has been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify and hold harmless the Site owner and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Site, including but not limited to your user contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Site shall be instituted exclusively in the competent courts of Bucharest, Romania.

9. Changes to These Terms

The Site owner reserves the right to modify these Terms at any time in its sole discretion. If the Site owner makes material changes to these Terms, it will post the updated Terms on the Site and update the Effective Date at the top of this page. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

10. Termination

The Site owner may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

11. Entire Agreement

These Terms constitute the entire agreement between you and the Site owner with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Site owner with respect to the Site.

12. Contact Us

If you have any questions about these Terms, please contact us at photonia (at) rusiczki [dot] net.