Terms of Service

Victor Semionov ("I" or "Me") provides the photographerexplorer.com website and various related services (collectively, the "Website") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between me and you.

In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

This Website includes Google Maps features and content. Your use of Google Maps features and content is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.

User Accounts

To access some services on this Website, you are required to register an account on the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. Despite my best efforts to protect the security of user accounts, I assume no responsibility for losses or damages, resulting from your failure to comply with the above.

I reserve the right to remove, reclaim, or change your username if I determine, in my sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Conduct on Website

Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates my rules or policies
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
  • Impersonates any person or entity, including me or any of my representatives

I neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. I generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Website. However, I have the right at my sole discretion to remove any content that, in my judgment, does not comply with these Terms of Service and any other rules of user conduct for my site, or is otherwise harmful, objectionable, or inaccurate. I am not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against me arising out of such removal of content.

Furthermore, you agree that you will not:

  • Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory
  • Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website
  • Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
  • Copy or adapt the Website’s software, including but not limited to HTML, JavaScript, or other code
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website

You agree that I may at any time, and at my sole discretion, terminate your membership, account, or other affiliation with my site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that I will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

User Content

This Website allows you to upload or submit content for public display, including, without limitation, photographs, descriptions, recommendations, text, writings, reviews, comments, suggestions, images, graphics, audio, video, or other materials (collectively "User Content"). Such content may be viewable by other Users or visitors of the Website and through third party websites, and may be treated as non-confidential.

I do not assert any ownership over your User Content. You retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You understand that your User Content may be viewed by visitors of any age. You agree to not upload or submit content that is inappropriate for children, including, without limitation, nudity, sexual acts, violence, use of drugs, and other explicit or graphic content.

By uploading, submitting, or otherwise making available User Content to this Website, either directly or through third party websites, you automatically grant, and you represent and warrant that you have the right to grant, to me a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, run, copy, reproduce, disclose, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), retitle, modify (so as to protect or better showcase, for example), and distribute such User Content, and to create derivative works of, or incorporate into other works, such User Content, for the purposes of operating and improving the Website and its services, and promoting and/or advertising you, your User Content, the Website, and its services. This license includes my use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. This license will end when you delete your User Content from this Website.

Paid Subscriptions

Some services on this Website require a paid subscription. Subscriptions are paid in advance for one billing period and renew automatically after the current billing period ends. The billing period of a subscription starts on the date when the subscription is purchased or renewed, and its duration depends on the subscription plan. When a subscription is renewed automatically, the User is charged a payment without prior notice.

The prices of all offered subscription plans are available on the Pricing page of the Website. All prices are in US dollars. I reserve the right to change the prices of subscriptions, including active subscriptions, at any time, upon a thirty-day prior notice to Users whose active subscription plans will be increased in price. Furthermore, I reserve the right to replace the plans of subscriptions (if I decide to discontinue any plans, for example), including active subscriptions, with other plans that I, in my sole discretion, determine to be appropriate, at any time, upon a thirty-day prior notice to Users whose active subscription plans will be replaced. Your continued use of this Website after such notices will constitute your acceptance of the new price and/or plan of your subscription.

My order process is conducted by my online reseller Paddle.com. Paddle.com is the Merchant of Record for all my orders. Paddle provides all customer service inquiries and handles returns.

Free Trial

I offer a free trial period to Users. During this period, I provide to Users limited access to some services, which otherwise require a paid subscription. Once the trial period ends or the User purchases a paid subscription, the free trial can not be activated again.

I reserve the right to change the duration of the trial period for new Users. Additionally, I reserve the right to further limit the services, enabled by the free trial, at any time and without notice. I will not be liable to you or any third party should I exercise the above rights.

Cancellation

You may cancel an active subscription at any time via the Billing page of the Website. In this case, you will continue to have access to the services, enabled by the subscription, until the end of the current billing period, after which the subscription will be deactivated. In case you no longer need my services, it is your responsibility to cancel your subscription before the next billing date, in order to prevent further payments.

After the end of a billing period, if my reseller does not receive a payment to renew your subscription, your subscription will be deactivated. In this case, should you wish, you may activate your subscription again by making the failed payment within a certain grace period, determined by me and my reseller. Alternatively, you may purchase a new subscription.

When your subscription stops being active, I will no longer deliver to you the services, enabled by the subscription. I may delete any of your data, related to services that I no longer deliver to you, at any time and without notice.

Refunds

Payments for subscriptions with a billing period of one month or less are eligible for refunds if you request a refund no later than 24 hours after the payment was made. In this case, I will refund the full amount you paid.

Payments for subscriptions with a billing period of more than one month are eligible for refunds if you request a refund no later than one month before the next billing date. In this case, the refunded amount will be prorated to the number of full months from the date the refund was requested until the next billing date.

Refunded subscriptions will be cancelled and deactivated immediately. You may request a refund by emailing me at billing@photographerexplorer.com.

Third Party Websites

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive.

These other sites and parties are not under my control, and you acknowledge that I am not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor am I responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by me, or any warranty of any kind, either express or implied.

Intellectual Property

Unless otherwise indicated, the Website is my proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.

Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. I reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

Dispute Neutrality

This Website enables Users to publicly list and promote their services, and provides means for Users and visitors to contact each other regarding their services. I do not oversee, control, or participate in the services, provided or promoted by Users, and I do not guarantee the quality of these services. I am not a party in any formal or informal contract, deal or transaction between Users or visitors of the Website. I am not responsible or liable for such contracts, deals and transactions, and I shall not arbiter or be a party in any dispute, arising out of or related to such contracts, deals and transactions.

Disclaimer of Warranties

Content available through this Website often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with me. I do not endorse, nor am I responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than me or an authorized spokesperson of mine speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through this Website may occur as normal events. You further understand and agree that I have no control over third party networks you may access in the course of the use of this Website, and therefore, delays and disruption of other network transmissions are completely beyond my control.

Despite my best efforts, I do not make any warranty about the reliability of the services on this Website and do not guarantee the security of user data. You understand and agree that the services available on this Website are provided "AS IS" and that, to the extent permitted by law, I assume no responsibility for the timeliness, deletion, corruption, mis-delivery or failure to store any user data, communications, or personalization settings. You agree to not hold me responsible nor seek indemnification for any direct or indirect damages, resulting from any unreliability, malfunction or failure of the services.

International Use

Although this Website may be accessible worldwide, I make no representation that materials on this Website are appropriate or available for use in locations outside the United States and the European Union, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.

Termination

If you wish to terminate your account, you may do so via the Settings page. Upon termination, I will cancel any active subscription you may have, and no further payments for that subscription will be issued.

You agree that I may, in my sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. In such cases, you are not eligible for any refunds. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that I may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. I shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by me in connection with such termination or suspension.

Changes

These Terms of Service are effective as of Jun 18, 2020. I reserve the right to change these Terms of Service from time to time, with subsequent notice to Uses who I, in my sole discretion, determine to be significantly affected by the changes.

Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

I reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time, upon a thirty-day prior notice to Users with active paid subscriptions in case I discontinue the Website, or without notice in other cases. Except for refunding any active subscriptions to services I no longer deliver, as governed by the section "Refunds" above, I will not be liable to you or any third party should I exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

All notices about changes, governed by these Terms of Service, will be sent either by email or via the message board on the Website.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of Bulgaria without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of Bulgaria.

Contacts

Should you have questions, regarding these Terms of Service, please contact me by email at legal@photographerexplorer.com.