PRIVACY POLICY /TERMS

 

The3ninesarts complies with the provisions of the LSSI-CE: Law 34/2002 on Services of the Information Society and Electronic Commerce and to the LOPD / RGPD of the European Union. 

 

The3ninesarts is founded on the principle of helping people discover new photos and photographers. We know that you care about how your personal information is used and shared, and we take your privacy very seriously. By visiting the The3ninesarts website, registering with The3ninesarts or using any The3ninesarts services, you are accepting and agree to comply with this policy. 

This Privacy Policy covers The3ninesarts treatment of personal information that The3ninesarts  gathers when you are on the The3ninesarts  website and when you use The3ninesarts  services. This policy does not apply to the practices of third parties that The3ninesarts  does not own or control, or to individuals that The3ninesarts  does not employ or manage.

INFORMATION COLLECTED BY The3ninesarts

We only collect personal information that is relevant to the purpose of our website. This information allows us to provide you with a customized and efficient experience. We collect the following types of information from our The3ninesarts users: 

INFORMATION YOU PROVIDE TO US

- We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.

- Registration: In order for you to use The3ninesarts services you must complete a registration form. As part of this registration form, we require certain personal information. Our lawful basis for collecting personal information from you is to provide our services and to communicate with you through your consent when you register with us. Our collection of personal information from you is limited to information that we require in order to provide our services to you.

COMMUNICATIONS

E-mail: The3ninesarts is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission.  The3ninesarts may send out emails with The3ninesarts -related news, products, offers, surveys or promotions. You may also receive notification emails from The3ninesarts , which inform you of actions (e.g. “news”) that have been performed on the site. We send these emails to you based on receiving your consent at registration. If you do not want to receive email from us, communicate it through our contact form.

COOKIES

Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. The3ninesarts  cookies do not collect personal information.

The3ninesarts  utilizes third-party services like Google Analytics to help analyze how our site is used. These services, including Google Analytics, also use cookies to collect information about visitors to our site (including IP addresses) in an anonymous form that does not include personal information.

The "help" portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies.

ANALYTICS

The3ninesarts  uses services like Google Analytics to help analyze and understand how our site and mobile applications are used, so that we can make The3ninesarts  products more interesting to you. These tools capture data about how individual users are using our site and mobile applications. This includes event logs, device type and device configuration settings such as language, crash data and other data but never personal information. These third-party services treat the analytics data in accordance with this privacy policy and The3ninesarts  does not disclose your personal information to any third parties through our use of these services.

CHILDREN UNDER 18 YEARS OF AGE

You must be 14 years and older to register to use the The3ninesarts  website. As a result, The3ninesarts  does not specifically collect information about children. If we learn that The3ninesarts  has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 14 and 18 ask and receive permission from a legal guardian before using The3ninesarts  or sending information about themselves or anyone else over the Internet.

CHANGES TO THIS PRIVACY POLICY

The3ninesarts  may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the The3ninesarts  website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

QUESTIONS

If you have any questions, comments or requests relating to this Privacy Policy, please send an email to info@the3ninesarts.com

EFFECTIVE DATE OF THIS PRIVACY POLICY

This Privacy Policy is effective as of October 29, 2018.

 

TERMS OF SERVICE

 

The following document outlines the terms of use of the The3ninesarts  website. Before using any of the The3ninesarts  services, you are required to read, understand, and agree to these terms. 

DESCRIPTION OF SERVICE

The3ninesarts ,  provides a platform via its website, messenger service and apps to a community of registered users to engage in a variety of activities, including to upload and display photographs and video share comments, opinions and ideas and promote Visual Content collections. The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

ACCEPTANCE OF TERMS

BY USING THE SERVICES, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

MODIFICATION OF TERMS

The3ninesarts  reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, The3ninesarts  will notify you by posting an announcement on the Site. What constitutes a material change will be determined at The3ninesarts ’s sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Visual Content constitutes your acceptance of the Terms as modified.

In addition, when using particular features of the Services, you are subject to any posted guidelines, terms or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. The3ninesarts  reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Visual Content at any time at its sole discretion and without prior notice. The3ninesarts  may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Visual Content and you are directed to retain your own copies of all Visual Content posted on the Site.

REGISTRATION

As a condition to using Services, you are required to open an account with The3ninesarts  and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services, by either terminating your email access or your account. Any personal information that you provide to The3ninesarts  is governed by the The3ninesarts  Privacy Policy.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your The3ninesarts  account.

USER CONDUCT

All Visual Content posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate and you acknowledge and agree that you, and not The3ninesarts , are entirely responsible for all Content that you post, or otherwise submit to the Site, including via messages exchanged through The3ninesarts ’s messenger service. The3ninesarts  does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.

 

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by The3ninesarts . By way of example, and not as a limitation, you agree not to use the Services:

 

To abuse, harass, threaten, impersonate or intimidate any person;

To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

To communicate with The3ninesarts  representatives or other users in an abusive or offensive manner;

For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;

To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any The3ninesarts  user;

To create or transmit unwanted ‘spam’ to any person or any URL;

To create multiple accounts for the purpose of voting for or against users’ Visual Content;

To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;

With the exception of accessing RSS feeds, you agree not to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;

To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

To promote or sell Visual Content of another person unless you are expressly authorized to do so; or

To sell, assign or otherwise transfer your profile.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to The3ninesarts  at email: info@the3ninesarts.

responsibility with respect to Available for Hire Projects.

 

COPYRIGHT COMPLAINTS

The3ninesarts  respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. The3ninesarts  will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

 

To notify The3ninesarts  of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of info@the3ninesarts and include in your notice a detailed description of the alleged Infringement sufficient to enable The3ninesarts  to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

 

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide The3ninesarts  with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at info@The3ninesarts.com . You must include in your counter notice sufficient information to enable The3ninesarts  to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

LINKS

The Services may provide, or third parties may provide, links to other sites or resources. Because The3ninesarts  has no control over such sites and resources, you acknowledge and agree that The3ninesarts is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The3ninesarts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

TERMINATION

The3ninesarts may terminate or suspend any and all Services and/or your The3ninesarts account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your The3ninesarts account, you may simply discontinue using the Services (subject to termination provisions specific to Premium Accounts). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

 

It is your responsibility to remove all Visual Content from your account and/or Premium Account prior to termination. Upon termination of your account, The3ninesarts will automatically remove all Visual Content posted to your account.

WARRANTY DISCLAIMER

YOU USE THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE3NINESARTS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE3NINESARTS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER THE3NINESARTS NOR ANY OF ITS TEAMS,  SHAREHOLDERS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. THE3NINESARTS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, THE3NINESARTS SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.

YOU AND THE3NINESARTS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF THE3NINESARTS AND ALL PARTIES TO ANY SUCH PROCEEDING.

MISCELLANEOUS

The Terms shall be governed by and construed in accordance with the laws of the Spain and the U.E, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

General

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.

 

This Terms of Service is effective as of October 29, 2018.

 

© All rights reserved.