Terms Of Use

Last updated: 14.12.2024


Agreement to Our Legal Terms


We are PhotoAnthology Foundation ("PhotoAnthology," "we," "us," or "our"). We operate the PhotoAnthology platform and its associated services (collectively, the "Services"). You can contact us by email at archive@photoanthology.org or by mail at PhotoAnthology Foundation, Stara planina 20, Sofia (1504), Bulgaria.


These Legal Terms constitute a legally binding agreement between you ("you" or "your") and PhotoAnthology Foundation. By accessing or using our Services, you agree that you have read, understood, and are bound by these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MUST STOP USING OUR SERVICES IMMEDIATELY.


Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.


1. Our Services


The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


In compliance with laws, explicit content (e.g., images depicting extreme nudity or violence) will be blurred by default and requires explicit user opt-in for full visibility. This ensures that users have control over accessing sensitive materials while maintaining compliance with applicable laws (especially Directive 2011/93/EU of the European Parliament).


2. Intellectual Property Rights


We prioritize the protection of intellectual property rights. Please review our Copyright Policy, which is an integral part of these Terms. In the event of any conflict between these Terms and the Copyright Policy on intellectual property rights, the Copyright Policy will prevail at all times.


3. User Representations


By using the Services, you confirm and agree that:

  • You have the legal capacity and will comply with these Terms of Use.
  • You are of legal age in your jurisdiction or have appropriate parental consent (where applicable), including for accessing explicit content, if any.
  • You will not access the Services through automated means (e.g., bots or scripts) or through unauthorized means.
  • You will not use the Services for any illegal or unauthorized purposes.
  • Your use of the Services complies with all applicable laws and regulations.
  • You will not impersonate any person and conduct yourself in a civil and ethical manner.

If any information you provide is false, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny future access to the Services.


4. User Registration


Registration is required only to access additional features such as favorite lists. Access is facilitated through the Google API, so no passwords are required.


To become a registered user of the Services, you may be required to submit personal information. We handle and use your personal information in accordance with our Privacy Policy. We encourage you to read our privacy policy carefully. In the event of any inconsistency between these Terms and Conditions and the Privacy Policy, the Privacy Policy shall prevail as far as data protection is concerned.


You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device. We will not be responsible if someone hacks into your account or steals your personal information. You undertake not to create more than one account.


PhotoAnthology’s accounts are not transferable and therefore you agree to not sell, transfer, or exchange membership accounts in any way or under any circumstance.


By registering as a user of the Services, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) Your use of our Services does not violate any rules, laws or regulations. (iii) All information submitted by you at the time of registration is truthful and accurate; (iv) You will maintain the accuracy of such information.


5. Prohibited Activities


You may not access or use our Services for any purpose other than their intended educational and non-commercial use. The Services must not be used for activities that violate applicable laws, interfere with our mission, or harm other users.


As a user of the Services, you agree not to:

  • Systematically retrieve data or content to create a collection, database, or directory without our prior written permission.
  • Mislead or attempt to deceive us or other users, such as by attempting to access sensitive account information.
  • Interfere with or bypass security measures, including features that protect content or restrict unauthorized access.
  • Disparage, harm, or misuse the Services or PhotoAnthology’s reputation.
  • Use the Services to harass, abuse, or harm others.
  • Use the Services in violation of any laws or regulations.
  • Upload harmful materials such as viruses, spamming content, or scripts designed to disrupt operations.
  • Impersonate others or falsely represent your identity.
  • Interfere with the proper functioning of the Services or connected networks.
  • Use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

By adhering to these terms, you contribute to the integrity of the PhotoAnthology platform and support its mission to preserve and share photography responsibly.


6. Third-Party Websites and Content


The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, information, and other content or items belonging to or originating from third parties ("Third-Party Content").


The Services may contain some affiliate links. This means we may earn a small commission at no additional cost to you if you click through and make a purchase. These funds help support our mission to preserve and share the legacy of photographers and their work, as well as to support the photographers or respective copyright holders featured on the Services.


Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.


Inclusion of, linking to, or permitting the use of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use from the Services.


Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services.


Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. We will also not be responsible if there is any damage, loss, or offence caused or alleged to be caused due to your access to these third-party websites, products, and services.


7. Services Management


We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Terms of Use.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities.
  • Manage the Services to protect our rights, ensure functionality, and maintain compliance.

8. Privacy Policy


We prioritize your data privacy and security. Please review our Privacy Policy, which is an integral part of these Terms. In the event of any inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall prevail as far as data storage is concerned.


9. Term and Termination


These Terms will remain in effect while you use the Services. We reserve the right, at our sole discretion and without prior notice or liability, to deny access to the Services (including blocking IP addresses), terminate your account, or delete any content you have posted for any reason, including but not limited to a violation of these Terms or any applicable law or regulation.


10. Modifications and Interruptions


We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Services.


We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.


11. Governing Law and Dispute Resolution


These Terms are governed by and interpreted under the laws of Bulgaria. As a non-profit organization, PhotoAnthology is committed to addressing any concerns or disputes in a fair and transparent manner. If you have any issues or complaints regarding our services, please contact us directly at legal@photoanthology.org. We will make every effort to resolve the matter promptly and amicably.


12. Corrections


There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, project or book information, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.


13. Disclaimer


The Services are provided on an "as-is" and "as-available" basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of accuracy, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services, and we will assume no liability or responsibility for any of the following:

  • Errors, mistakes, or inaccuracies of content and materials;
  • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
  • Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  • Any interruption or cessation of transmission to or from the Services;
  • Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party;
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services; and/or
  • The quality of any products or services that may be available on third-party platforms via affiliate links.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service offered by a third party through the Services, any hyperlinked website, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.


14. Limitations of Liability


In no event will we or our directors, employees, or volunteers be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.


15. Indemnification


You agree to defend, indemnify, and hold us harmless, including our staff, volunteers, partners, and affiliates, from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of:

  • Your use of the Services;
  • Breach of these terms;
  • Violations of any rights of a third party, such as intellectual property rights (including inadvertent breaches related to fair use or educational purposes as outlined in our Copyright Policy); or
  • Any harmful acts toward other users connected through the Services.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification at your expense and will notify you of any claims requiring your cooperation.


16. User Data


We will maintain data related to your favorite lists solely to manage the Services' functionality and user experience. Since no personal data is transferred, we are not liable for any issues arising from the use of these features.


17. Electronic Communications


Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive all agreements, notices, and disclosures electronically. This satisfies legal requirements for communication in writing.


18. California Users and Residents


If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the California Department of Consumer Services in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.


19. Miscellaneous


These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.


20. Contact Us


In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

PhotoAnthology Foundation, Stara planina 20, Sofia (1504), Bulgaria, legal@photoanthology.org