Uploading policy
1. GENERAL
The www.photo-pem.com website (thereafter “photo-poem.com”) accepts the uploading of two types of resources: photos (as image files) and poems (as text files). By uploading any type of resources (thereafter “photo and/or poem”) you guarantee that you have read these Terms and Conditions for uploading photos and/or poem to photo-poem.com” and that you agree to abide by all clauses within these Terms and Conditions.
You also understand and agree that nothing in this agreement obligates photo-poem.com to display or use your photos and/or poems.
2. COPYRIGHT OWNERSHIP
By uploading photos and/or poems to photo-poem.com you guarantee that you are the legal owner of the copyright of that photo and/or poem, or have been awarded full and unrestricted rights from the copyright owner to upload and utilise the photo and/or poem for the purposes of the photo-poem.com or any other distribution channels including, but not limited to the photo-poem.com websites, selected 3rd party websites and photo-poem.com apps.
Photos and/or poems that the photo-poem.com Editor considers to infringe the copyright or trademarks of other individuals, organisations or companies will be deleted without notice.
3. THIRD PARTY RIGHTS
By uploading a photo and/or poem you guarantee that such use of the photo and/or poem in photo-poem.com does not violate the rights of any other party, does not result in a breach of contract between you and another party and that you accept responsibility for any royalties or fees due to any other party from the use of the uploaded photo and/or poem.
4. PEOPLE SEEN IN IMAGES OR MENTIONED IN THE POEM
By uploading a photo and/or poem you guarantee that any people which are clearly identifiable in either a photo or the text of a poem have consented to have their likeness printed, displayed, talked about, or that you have full rights to use the photo and/or poem in this manner and accept full responsibility for such use.
5. ACCEPTING AND REJECTING PHOTOS AND/OR POEMS
All photos and/or poems uploaded to photo-poem.com will be assessed by the photo-poem.com Editor for suitability. The Editor will either reject or accept each photo and/or poem for use on the website.
Photos and/or poems that are rejected will be deleted from photo-poem.com entirely, with no copies remaining on the photo-poem.com website system. The decisions of the Editor are irrevocable.
Photo-poem.com reserves the right to reject and remove any uploaded photo and/or poem from display on its website, for any reason, at any time, without prior notice.
6. RESPONSIBILITY FOR CONTENT
When uploading a photo and/or poem you are solely responsible for its content or story and for any offence, claims or damages that arise from the content of that photo and/or poem.
The approval and publication of photos and/or poems on our website by the photo-poem.com Editor in no way alters or diminishes your responsibility.
Nor does it transfer any responsibility for the content of the photo and/or poem to photo-poem.com or the Editor who approves the photo and/or poem for publication.
7. RIGHTS GRANTED TO PHOTO-POEM.COM
Photo-poem.com does not claim any copyright or any kind of ownership rights to the photos and/or poems you upload to the photo-poem.com.
However, by uploading a photo and/or poem to photo-poem.com you thereby grant to photo-poem.com and its licensees a royalty-free, non-exclusive, worldwide right to copy, crop, reproduce, edit, publish, display, distribute or otherwise use the photo and/or poem publically in all languages and all media, whether now known or hereinafter devised, including without limitation in the upgraded version of the photo-poem.com websites in perpetuity.
8. DERIVATIVE WORKS OF UPLOADED PHOTOS AND POEMS
Photo-poem.com guarantees that it will not create any derivative work from your photo other than adding on the top of it a poem or quote hence producing what is called a photopoem. The choice of the poem superposed to the photo is made by the visitors and/or members of photo-poem.com. The final approval of the superposition of a poem on a photo is the choice of the Editor of photo-poem.com.
Photo-poem.com will not alter the content of your photo if accepted by the Editor though it reserves the right to crop the photos to make adjustments to the brightness, exposure, colours or general appearance of any photo that it believes warrants such adjustment for the purpose of better display and storage on our servers.
Photo-poem.com will not alter the content of your poem if accepted by the Editor though it reserves the choose the font and styling use to present its text on the webpages of photo-poem.com.
9. SELECTED PHOTOPOEMS FOR PROMOTIONS
Photo-poem.com may select certain photopoems for promotional activities of photo-poem.com, including but not limited to: use in photo-poem.com promotional materials either on-line or in printed form. Both the author of the uploaded photo and the author of the uploaded poem consent to the use of their uploaded resources.
10. PHOTO AND POEM CONTENT
You should only upload photos and/or poems that are relevant and appropriate to your field of art.
You must not upload photo or poem that contain objectionable content, including but not limited to political in nature, nudity, violence, and other offensive, illegal or inappropriate photos. The content of some photos – particularly nudity – might be offensive to persons from cultures whose values differ from yours.
Thus photo-poem.com reserves the right to delete photos and/or poems its Editors consider potentially offensive to some as ‘sensitive.’ The nature of what is considered, but not limited to, offensive, sensitive or objectionable is fully let to the adjudication of the Editor of photo-poem.com.
11. INDEMNITY FROM CLAIMS
You agree to indemnify and hold photo-poem.com and its subsidiaries, affiliates, officers, employees and representatives free from any claim or demand made by any third party due to or arising out of your uploading to the photo-poem.com website of any photos and/or poems or from any violation of any other party’s rights caused by the use of or the content within the photos and/or poems you upload.
12. UPDATING THESE TERMS AND CONDITIONS
Photo-poem.com reserves the right in its sole and absolute discretion to alter these terms at any time for any reason without prior notice. You are responsible for keeping yourself updated on any such changes herein that might affect you.