PhotoRoomer End-user license agreement

​

1. TERMS AND DEFINITIONS

1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:

​​

а) License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using.

 

b) Law means the Federal Law of the Russian Federation "On Personal Data" with all amendments and additions, as well as other legislative acts of the Russian Federation.

​

c) Mobile application means the Rightholder's software "PhotoRoomer Pro" intended for installation and use on the Device. For the purposes of this Policy, the Mobile Application means the following software: PhotoRoomer Pro.

​

d) Contractor is a registered user of the PhotoRoomer Pro Application (an individual or legal entity) who provides a service according to the request of a registered User of the PhotoRoomer application, hereinafter referred to as the Client, on paid or gratuitous terms.

​

g) Rightholder means the person who owns the exclusive rights of ownership of the Mobile Application "PhotoRoomer Pro" contact details: info@photoroomer.com

​

e) Device means any mobile phone, smartphone, tablet, or other device which allows using the Mobile applications according to its functional purpose.

​

f) User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.​​

​​

2. LICENSE

 

2.1. Once this Agreement is concluded the Rightholder entitles the User to use the respective version of Mobile application under the terms of a non-exclusive worldwide license during the certain term.

2.2. To conclude this Agreement the User is sufficient to perform the actions stated below:

reproduction (record) or launch of the respective version of the Mobile application on the Device,

The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder due to the provisions of article 437 and article 438 of the Civil Code of the Russian Federation.

2.3. The User has the right to use Mobile application due to the terms and conditions hereof in the following ways:

2.3.1. Mobile application version reproduction (record) on the Device;

2.3.2. Mobile application version launch and using due to its functional purpose.

2.4. After registration the User will be granted with the Extended version license according to the Rightholder rates; 

2.5. Under Extended version license the Rightholder entitles the User:

2.5.1. to perform launch, installation and running of program applications and software extension to the Mobile application version or activation of additional commands;

2.6. Any rights and ways of use of the Mobile application are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.

2.7. The term of the Mobile Application license is not limited.

 

3. LICENSE RESTRICTIONS AND CONDITIONS OF USE

​

3.1. The User may not, independently or employing any third parties, do the following:

3.1.1. In any manner copy (reproduce) application software and databases being a part of the Mobile applications, including any of their elements and information materials without prior written consent of the Rightholder.

3.1.2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Mobile applications.

3.1.3. Create software and/or services using the Mobile application without prior permission of the Rightholder.

3.1.4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Mobile application.

3.1.5. Use the photo / video materials that are subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, texts) without permission of such third party.

3.2. User is strictly prohibited from use of Mobile application for creation and/or distribution that:

a. are illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;

b. violate personal non-property rights or intellectual property rights,

с. otherwise violate provisions of applicable law as well as common moral and ethical standards;

3.3. The Rightholder has the right to set technical restrictions of use of the Mobile application; the Rightholder will inform the User about above mentioned limitations from time to time in the manner at the Rightholder's discretion.

3.4. The functionality of the Mobile application including one that is available exclusively in the Extended version, is a subject the Rightholder's sole discretion and may be changed from time to time.

3.5. User acknowledges and accepts that Rightholder collects and stores photography, link with photography storage. Such works are not Personal Information. User grants Rightholder with limited non-exclusive royalty-free right to collect, store and analyze this data for needed period and solely for the purposes of improvement and further development of Mobile application.

3.6. User shall on its own estimate legal consequences and conditions of use Services of Contractors that can be subjects of personal non-property rights or intellectual property rights of a third party (e.g. images of individuals, other images, music, texts). Access to any materials provided through the functionality of Mobile application in no manner means grant by Rightholder to User of any rights to use such materials.

​

3.7. In case of receiving illegal offers, as well as any kind of notice of objectionable content, the user is obliged to inform the Rightholder about this through internal functions in the application.

​

3.7.1.The Rightholder is obliged to react the objectionable content within 24 hours from the date of receiving of the message. 

​

4. CANCELLATION TERMS AND CONDITIONS

​

4.1. The user is responsible for making bookings in the Application and accepts the terms and conditions for canceling the bookings made in accordance with this agreement.

​

4.1.1. If it becomes necessary to cancel an already made reservation, the User is obliged to make the cancellation using the functionality of the Application for:

- cancellation of the booking of the Snapshooting service 1 hour before the expected time of providing of the service;

- cancellation of the booking of the Photographer's services 24 hours before the expected time of providing of the service.

​

 

4.2. If it is impossible for any reason to cancel using the functionality of the Application, the User is obliged to inform the photographer, whose service must be canceled, about the cancellation by means of a personal email message in the Application.

 

5. LIABILITY

5.1. In view of granting the User with the Basic version license on a free-of-charge basis under the Agreement the provisions of the Consumer Protection Legislation shall not be applicable to the relations of the parties with respect to the Agreement.

5.2. THE MOBILE APPLICATION IS PROVIDED "AS IS'. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT OF MOBILE APPLICATION, AS WELL AS OF MOBILE APPLICATION PHOTOROOMER PRO WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO ANY WARRANTIES THAT MOBILE APPLICATION WILL CORRESPOND TO USER'S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION WILL BE CORRECTED.

5.3. Since functionality of the Mobile application is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile Application to Users, and also to alter or withdraw the License without prior notice.

5.4. The Rightholder has no connection with Services that Users create and/or distribute using Mobile application. Rightholder does not check the Services or its components as well as their compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the content of Services and their compliance to applicable requirements rests with User.The Rightholder has the right to check the content at his own discretion. The result of the check may be informing the User about violations, blocking the User's account, and in case of repeated violations, deleting the account without the possibility of restoring access to the Application.

5.5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations. However, the Rightholder has the right to take measures in relation to the User upon an electronic application on behalf of the Victim, if evidence of illegal actions proving the User's guilt is provided.

5.6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).

5.7. In case the Rightholder will be brought to justice or will be penalized due to the User's violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.

5.8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.9. The Rightholder reserves the right to prosecute at his own discretion violators of the exclusive rights to the Mobile application due to the civil, administrative and criminal legislation.

​

5.10. The company is not a service provider for your orders, does not act as the contractor's employer and is not responsible to the customer for the result of the service provided.

6. FINAL PROVISION

6.1. The processing of the information provided by the User about himself/herself within the use of the Mobile application as well as the information which is received automatically within such use shall be performed by the Rightholder according to the Privacy Policy published or available at the address: https://www.photoroomer.com/политика-конфиденциальности.

6.2. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Russian Federation.

6.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the applicable procedural law of the Russian Federation.

6.4. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard.

COPYRIGHT © 2019-2022 PhotoRoomer

​

​