Welcome to yourlocalphotographyguide.com. yourlocalphotographyguide.com is a communications platform to connect people who offer guided local photography tours which those interested in such tours.
By accessing the websites http://www.yourlocalphotographyguide.com (“Web Site”) which is/are operated by Dirkx Premium Photography (“DPP”), you agree to be bound by these terms and conditions (“Terms”) in their entirety. You must read the Terms before using the Web Site. Use of the Web Site constitutes an agreement to all terms and conditions contained in the Terms and you warrant that you understand, agree to and accept all such terms and conditions. If you disagree with any part of the Terms, then you may not access or use the Web Site.
DPP reserves the right to modify or exchange these Terms from time to time, as we deem necessary. If we decide to change the Terms in a material way, we will post a notice of the change on our Web Site. Therefore, please review the Terms regularly. We will inform Members in addition about any change by e-mail. By continuing to access or use our Web-Site after such changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service
1.1 A "User" is any person who is accessing the Web Site without registering.
1.2 A "Member" is any person who is at the minimum age of 18 and who registered as Member may, in addition to viewing the content available on the Web Site, create and design a profile, organise and book photography tours, buy and sell photos, rate and write reviews and post photos of photography tours presented on the Web Site, subject to the limitations set forth in these Terms.
2.1 DPP provides a communications platform to connect Users and Members which are interested in participating in and promoting local photography tours. Users may only view the services offered on the Web Site but not use any of the functionalities on the Web Site. Upon registration, Members may create and design their own profile, rate and review local photography tours and post photographs thereof and offer local photography tours. You understand that the Members presenting tours on the Web Site are independent contractors and neither employees nor agents of DPP. You also understand and hereby expressly agree that DPP does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Members, nor of the integrity, responsibility or any of the actions whatsoever of the Members.
2.2 DPP may require proof from the Member of the participation in the local photography tour which was rated, reviewed or from which photographs were uploaded by the Member. If no such proof is submitted, DPP reserves the right to delete the ratings, reviews and photographs uploaded by the Member. Members may report any rating, review or photographs of another Member they consider inappropriate or if there is a doubt about the participation of the Member in the tour. DPP will, upon receipt of such a report, decide in its sole discretion whether it will investigate further and what measures it will take.
2.3 Design, content, and functionalities on the Web Site may change at any time. Media, features or services available within the Web Site may be discontinued at any time, and without notice. The media or services on the Web Site may be out of date, and DPP makes no commitment to update these materials on the Web Site.
3.1 When you create a Member profile on the Web Site, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination and deactivation of your profile.
3.2 DPP reserves the right to refuse to approve a Member’s profile with or without cause or notice (other than any notice required by applicable law and not waived herein) for any reason at any time. Multiple profiles are prohibited.
3.3 You are responsible for safeguarding the password that you use to access the profile and for any activities or actions under your password.
3.4 You agree not to disclose your password to any third party and to notify DPP immediately of any unauthorized use of your profile.
3.5 You may not use as a user name the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4.1 If you are a User, the access to and the use of this Web Site is free of charge.
4.2 If you are a Member, registration and creation of a profile is free of charge up to 10 organised tours pro year.Members can book an unlimited number of tours. Members who want to organise more than 10 tours pro year may chose in their sole discretion an annual subscription for an annual fee of EUR 29,-- (incl. VAT). The annual subscription fee has to be paid in advance via PayPal.
5.1 The profile allows you to organise and book tours, post, link, store, share and/or otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Web Site, including its legality, reliability, and appropriateness. By posting Content, you agree to its publication on the Web Site and you grant DPP a royalty-free, unlimited, transferable, and unrestricted worldwide licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Web Site. You agree that this license includes the right to make your Content available to other users of the Web Site, who may also use your Content subject to these Terms, and to use the Content for DPP’s marketing material and publicity purposes (e.g. publication of brochures and advertisements).
5.2 By posting Content on the Web Site, you represent and warrant that: (i) you own the Content or have the right to use it and grant to DPP the rights and license provided hereunder, and (ii) the posting of the Content on or through the Web Site does not violate any privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any third party. You agree that you will not poste any Content that could damage DPP or any third party, or submit Content that is unlawful, false, inaccurate, misleading, defamatory, libellous, threatening, pornographic, harassing, hateful, racially/ethnically or religiously offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate.
5.3 DPP is not liable for the Content posted by Members. You understand and agree that DPP may monitor and delete Content posted on the Web Site which it, in its sole and absolute discretion, considers to violate the Terms or which may be illegal or offensive, or which poses a threat to the rights or safety of DPP’s users.
6.1 The Web Site may contain links to third-party websites or services that are not owned or controlled by DPP. DPP does not assume responsibility for the content, products, services or other materials of such linked sites. You agree that DPP shall not be responsible or liable for any loss or damage of any sort relating to your dealings with such third parties. Access to or use of third-party websites or services are at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7.1 DPP may terminate the contract with Members at any time by e-mail or postal mail. DPP will deactivate and delete the profile upon the expiry of the paid subscription period. DPP, furthermore, reserves the right to immediately terminate the contract with Members and immediately deactivate and delete the Member's profile unilaterally and without prior notice if any of the provisions of these Terms are breached.
7.2 Members may terminate the contract with DPP at any time by not extending their subscription.
7.3 In case of termination by a Member, the profile will be deactivated but can be reactivated within a three months grace period by paying the monthly or annual fee. Reviews and ratings posted on other Member’s profiles will remain visible.
8.1 DPP shall only be liable for damage that is caused by intentional misconduct or gross negligence. In the event that local law does not allow the exclusion or limitation of liability as specified herein with respect to a particular User, Member, our liability shall be limited to the greatest extent permitted by local law.
8.2 DPP makes reasonable efforts to ensure the accuracy of this Web Site, but accuracy cannot be guaranteed and DPP makes no warranties or representations in this respect. The Web Site's content is provided "as is" and without warranties of any kind, either express or implied. DPP has in place reasonable technical and organizational security measures to ensure the proper operation and your uninterrupted use of this Web Site. However, you should be aware that absolute security cannot be guaranteed, and that this Web Site might be vulnerable to attack by programs that contain viruses, "Trojan horses", worms, or other attacks designed to interrupt, destroy or limit the functionality of this Web Site, the integrity of the information contained in this Web Site, or the security of transmission. DPP is not responsible for interruptions or improper operation of this Web Site caused by circumstances beyond DPP's control. To the fullest extent permissible pursuant to Swiss law, DPP disclaims all warranties, express or implied.
You agree to indemnify, defend and hold harmless DPP from any and all loss, damage or liability (including reasonable attorney’s fees) arising from any third-party claim, action or allegations of infringement based on Content you submitted in connection with the Web Site, your use of this Web Site in breach of any term or condition in these Terms, any violation of an applicable law, regulation or rights of another including misrepresentation and fraudulent conduct and/or any breach of your representations and warranties as set forth herein.
The Web Site may contain links for your convenience and information to third-party websites or services that are not owned or controlled by DPP. DPP has no control over and does not assume responsibility for the content, products, services or other materials of linked sites. You agree that DPP shall not be responsible or liable for any loss or damage of any sort relating to your dealings with such third parties. Access to or use of third-party websites or services are at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
11.1 The Web Site and its content (excluding Content provided by Members), features and functionality are and will remain the exclusive property of DPP and/or its licensors. The Web Site is protected by copyright, trademark, and other laws of both the Swiss and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DPP. Nothing on this Web Site should be construed as granting any license or right to use any trademark. You may request permission by contacting DPP at firstname.lastname@example.org.
11.2 DPP respect the rights of others. It is our policy to respond to any claim that Content posted on the Web Site infringes any privacy rights, publicity rights, copyrights, intellectual property rights, contract rights or any other rights of any third party. If you believe that an infringement is taking place through the Web Site, you must submit your notice in writing to the attention of “Infringement” at email@example.com and include in your notice a detailed description of the alleged Infringement. DPP will, upon receipt of such a report, decide in its sole discretion what measure is appropriate to take. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your rights.
12.1 You are responsible for complying with local laws, if and to the extent local laws are applicable.
12.2 These Terms have been construed in accordance with the laws of Switzerland, and to the extent legally permissible Swiss law shall govern the Terms.
12.3 To the extent legally permissible, claims arising out of or relating to these Terms shall be adjudicated in Zurich, Switzerland. Notwithstanding this, DPP reserves the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Effective Date: March 1, 2015