) set the conditions by which users have access to Agora images website, services and apps (hereinafter, 'the Service'
). Agora image is a platform that allows users to publish their photos, images, videos and other general media content authorized by the Service ('User's Content'
) in order to make it available to third party Users that may purchase said content following the modalities of discharge established by Agora images.Using said Service assigns the corresponding user conditions to the person making use of the latter (hereinafter, 'the User'
The operator and owner of the Service is Agora images App, S.L. (hereinafter, 'Agora images'
or the 'Company'
), with registered office in Barcelona, Calle Caspe, 162, P.2, 08013, firstname.lastname@example.org
, holder of NIF
(Spanish taxpayer ID number) B66575036 and registered in the Companies Registry of Barcelona, Tome: 44914 , Folio: 56, Section: 8, Page: 471209 , Registration: 1.2. Registration Requirement
All data given by the User must be accurate, updated and true. The registered User will be responsible at all times for the safekeeping of the password, assuming all responsibility for any damages that may occur due to inappropriate use, as well as the transfer, reveal or loss of said password, having to communicate it immediately Agora images should they have reason to believe that their password has been or can be used without authorization. In any case, access to private sections and/or the use of the Service under a registered User's password will be considered to be actions of said User, who will be held responsible at all times for said access and use.
Agora may not be used by users under the age of 17. For any participation in the app, either through contests or marketplace the user, if underage, must obtain parental consent.
- Not to add or disseminate any content or propaganda that may be racist, xenophobic, pornographic, justifications of terrorism or a violation of human rights.
- Not to disseminate, convey or make available any type of information, elements or content that may be in violation of the human rights and civil liberties as constitutionally recognized in international treaties to a third party.
- Not to disseminate, convey or make available any type of information, elements or content that may constitute unlawful or unfair advertising to a third party.
- Not to disseminate unsolicited or unauthorized advertisements, advertising material, spam, chain letters, pyramid structures or any other type of request, except for areas (such as the commercial spaces) that have been specifically designated for such matters.
- Not to substitute other Service Users or disseminate access information of the account or the password to a third party without consent from Agora images.
- Not to disseminate, convey or make available any type of information, elements or content without authorization from the holder of the intellectual and industrial property rights that may attain to said information, elements or content to a third party.
- Not to disseminate, convey or make available any type of information, elements or content that may be in violation of privacy of communication, a third party’s right of personal portrayal, a third party’s right to privacy and the law regarding personal data to a third party. More specifically, any User that publishes content including an identifying image of a person must have a written consent.
- Not to disseminate, convey or make available photographs or any type of representation or image of an underage person to a third party without prior consent of their parents or legal guardian.
- Not to publish any explicitly sexual content.
- Not to avoid or try to avoid Agora images’ safety measures.
- Not to commit fraud or not to use the Service in such a way that it may be reasonably considered to be evidence of fraud.
- Not to copy, decompile, carry out reverse engineering, disassemble, attempt to derive the source code, modify or create any work resulting from the app, all updates or any part of the latter.
The User acknowledges and accepts that Agora images shall establish certain rules and limitations (which, in any case, will be duly communicated to the User). Agora reserves the right to remove or restrict any content that violates these Terms & Conditions.
The User is obliged to keep the Company harmless from any possible claim, fine, penalty or sanction that he/she may be obliged to bear as a result of the User's non-compliance with any of the rules of usage stated above, Agora images having, additionally, the reserved right to claim the corresponding damages.4. Exclusion of Users
Agora images does not hold ownership over any of the User's Content and is not a party in the rights transaction led exclusively by licensors and Service Users licensees, or does it check or validate User's Content that they offer through the Service, therefore allowing Agora images to avoid being responsible, directly, indirectly or collaterally, for any damages, whatever may be their nature, resulting from the use of User's or third party’s content and activities through the Service, as well as for the lack of legality, reliability, veracity, accuracy, completeness and actuality of the latter.
Agora images, including but without limitation to, will not be held responsible for any damages, whatever may be their nature, resulting from the following:
- The use of the Service applied by those Users under the potential inaccuracy or potential falsehood of the state or origin of the data provided by Users or the User’s Content provided through the Service.
- Content, information, opinions and demonstrations of any of the Users or any third parties or entities that may communicate or expose through the Service.
- Any use that Users may do with the User’s Content, whether they are forbidden or allowed, that may infringe the intellectual and/or industrial property rights of the Service’s or a third party’s content, failing to comply with the confidentiality obligations.
- Carrying out activities of unfair trade and unlawful advertising.
- The possible loss of the User’s data due to causes not attributable to the Service.
- Access to the content included in the Service by underage persons.
- The unavailability, errors, access failures and discontinuity of the Service.
- Any errors or issues that may occur in communication, deletion or incomplete transfers.
- Any operational failures or problems in the e-mail address provided by the User.
Agora images will, under no circumstances, be responsible for the expenses of the mobile phone or ISP provider under the concept of data transfer. The User shall check the corresponding fee plan with the mobile phone or ISP provider before using the Service.
Agora images will attend solely and exclusively to Users of the Services provided and to content originated directly or identified by their copyright, being limited to in maximum to the cost of the amounts received directly by the User from Agora images, not including under any circumstance the responsibility for indirect damages or loss of earnings.
Any claim or dispute that may occur among the Service Users shall be resolved between the latter, leaving Agora images obligatorily harmless, notwithstanding that Agora images will do its best to enable Users with quick and satisfactory solutions through its User Service by e-mail.6. Content and Other Linked Services through the Service
The Service may include linked technical appliances, directories and even search tools that allow Users to access different web pages and portals (hereinafter, 'Linked Sites').
The User acknowledges and accepts that access to Linked Sites will be done under their exclusive risk and responsibility and exonerates Agora images from any responsibility for potential right infringements of intellectual or industrial property of the Linked Sites’ owners. Additionally, the User exonerates Agora images from any responsibility for the technical availability, quality, reliability, accuracy and/or veracity of the linked web pages services, information, elements and/or content that the User may access.
In such cases, Agora images may only be held responsible for the content and services provided in the Linked Sites to the extent that they had first-hand knowledge of any unlawfulness and did not disable the link with due diligence. Should the User consider there to be a Linked Site with unlawful or inappropriate content, he/she may communicate it to Agora images; not making such communication, in any case, lead to the obligatory removal of said link.
Under no circumstances shall the existence of Linked Sites mean the formalization of any agreements with the operators or owners of the latter, nor its recommendation, promotion or identification of Agora images with its manifestations, content or provided services. Agora images is unaware of the content and services of Linked Sites and, therefore, is not responsible, directly or indirectly, for any damages caused by the unlawfulness, quality, outdated information, and content and/or service error and uselessness of the Linked Sites or any other type of damage that is not directly attributable to Agora images.7. Intellectual and Industrial Property
The text, images, graphics, audios, videos, software and the appearance applied by the Service are granted protection by the intellectual and industrial property rights. Mentioned elements will not be validly and lawfully copied or distributed for their commercial use, nor will they be able to be modified or added to other websites without express prior consent of its owners. For the sake of clarity, User's Content which is made available through the Service for licensing, will be regulated in accordance with the terms of the Unlimited Sales License or the Exclusive Sales License
The industrial and intellectual property rights over works, protected provisions and any other content or elements included within the intellectual and industrial property rights applied in the Service belong to their lawful holders. The User does not acquire any intellectual or industrial property right or the right for use over any of its elements by simply using the Service, notwithstanding the provisions stated in the Unlimited Sales License or the Exclusive Sales License
The User will hold property over the User's Content. Nonetheless, by uploading, downloading, distribution or any type of transmission of the User's Content to the Service, the User authorizes the Company a general, royalty-free, perpetual, sublicensable, transferable license at an territorial scope for the use of the User's Content related to the promotion and the Company’s activity, including but not limited to the right of use, safekeeping, copy, distribution, transmission, public communication, reproduction, editing, translation, execution of derivative works and/or alteration of User's Content through any media, including social media. Unless disposed otherwise regarding the availability of the User's Content by the latter in order to acquire rights on behalf of third party Users, the User will not receive compensation from Agora images for the sole availability of third party Users for the User's Content.
The User expresses to be the exclusive holder of all rights due to the works, protected provisions and any other protected elements for intellectual or industrial property of the User's Content added to the Service.
Agora images may add features to the Service that allow issuing votes and publishing User's opinions. In this regard, the User acknowledges and accepts that the property of said opinions and votes will belong to Agora images and, therefore, will not be able to use said opinions or votes for any purpose, including but not limited to the Company’s promotion or activity.
Agora images does not represent or holds business ties with any of the brands that Users may advertise in the Service and Apple or Google do not sponsor or participates in any way in the activities carried out by Agora images through the Service.
Agora images allows the User to license the User's Content under two types of licenses. To read more on the terms and conditions governing the license of the User's Content to third party Users of the Service, go to the Unlimited Sales License or the Exclusive Sales License
.8. Publishing User's Content
A User who publishes content must keep in mind that with said publication he/she is issuing an offer that will be binding as soon as it is accepted by another User.
On the other side, a User interested in purchasing the rights over the User's Content must bear in mind that, when committing to its purchase at an established price, he/she is entering into the licensing agreement of Unlimited Sales License or the Exclusive Sales License
as chosen by the licensor User, being legally binding with another User.9. Marketplace
Agora goes not participate in the purchase and sale of photographs between users, therefore is not responsible for the tax obligations that these transactions may have for users.As Agora does not participate in the sale, Agora is not responsible for the content purchased by the user from another user, so users will hold Agora harmless from any liability.STRIPE is the Provider of the online payment platform for the Marketplace, for any incident in the service the User must contact directly with the Provider, with the following contact details: email@example.com. Online Credits
Agora includes objects, Online Credits, which can be purchased and used within the App. Once purchased, the user declares that he knows and agrees that they have no monetary value and it will not be possible to exchange them for real money.The Online Credits will not be refunded once the purchase is complete, i.e. when the Agora servers validate the purchase and the applicable Online Credits are successfully credited to the account.Any risk of loss of the Online Credits you purchase is transferred to the User upon successful completion of the purchase.Agora reserves the right to give and transfer Online Credits to Users without limitation. By way of example, Agora will give away and transfer Online Credits when advertising videos are viewed, or when invitations to the App are made by Users to their contacts.The price of the Online Credits will be the one stipulated in the App, including the corresponding VAT. Depending on the bank used by the User, there may be an additional charge, as Agora does not have any control over this aspect and is exempt from any liability. If you are not sure whether your bank will charge you or you should not consult your bank before making a purchase.Agora reserves the right to control, regulate, modify or eliminate the Online Credits without incurring any responsibility to the User at any time. Agora reserves the right to modify the prices of the Online Credits at any time. Agora may limit the total amount of Online Credits that can be purchased at one time, and limit the total amount of Online Credits that a User can have in their account.The purchase will only be effective if it is made through the payment platforms established by Agora. Agora uses the payment platform of Apple and Android for the purchase of Online Credits, so it will be subject to their respective terms of service and the User must ensure to check whether you agree with the terms of service of the payment platform showing their agreement with these terms of service by executing the purchase. For any incident in the service of the payment platform, contact Apple or Android, for any incident during the purchase of Online Credits also contact Agora at firstname.lastname@example.org
.If the account is cancelled or suspended for improper use stipulated in these Terms and Conditions, you will lose all your Online Credits without any right to compensation or indemnification. If you voluntarily unsubscribe from the App, you will lose all your Online Credits without any right to compensation or indemnification. If, after a voluntary cancellation, the user decides to reactivate his account within one month of the cancellation, the user can recover his Online Credits.11. Payment Service
Should you wish to use Agora images payment service, all terms stated in the present clause must be accepted. Remaining provisions of these general conditions will also be applied to Agora images payment services.
Payment will be done exclusively as stated by Agora images, including service providers that are independent from Agora images. In this given case, the specific terms stated when making payment must be accepted, including, without limitation to, provisions related to the handling of personal data by third party service providers that could be different from Agora images policies, of which Agora images is not responsible.
Please make sure to think carefully before buying: all purchases are final and payments done through Agora images or through third party platforms will not be reimbursed. STRIPE is the Provider of the online payment platform for the Marketplace, for any incident in the service the User must contact directly with the Provider, with the following contact details: email@example.com
The payment of the ONLINE CREDITS will be done through APPLE and ANDROID payment platforms, for any incident contact them and also contact Agora. Should you receive a wrong charge, please contact Agora images helpdesk within the following 14 days of said charge and send proof documentation of the wrong charge or, otherwise, we will trust the information provided by our systems and understand that you have done a correct and deliberate purchase. Also contact STRIPE for any incident in payments on Marketplace or APPLE/ANDROID for ONLINE CREDITS. No reimbursements will be done after payments done after these 14 days.
Fees corresponding to the acquiring of the User's Content rights are subject to change. Unless stated otherwise, prices include VAT.
If the legislation in your country or site forbids the use of Agora images payment services due to either age restrictions, content laws or other legal restrictions, Agora images payment services must not be used and any payments done in this form will not be reimbursed.12. Tax
The prize is subject to Personal Income Tax, Non-Resident Income Tax or, as the case may be, Corporation Tax, and to compliance with the obligations established by the regulations on said taxes. In accordance with applicable legislation, if the prize awarded is worth more than three hundred euros (300€), it is subject to withholding or advance payment of Personal Income Tax (IRPF). Agora will issue, if asked, the appropriate certificate to the winning participant.
Agora is not responsible for any tax obligations that users may have in transactions involving the purchase and sale of photographs or content between users within the App.13. Nullity and Inefficiency of Provisions