term of service
Atelier Otayza | Commercial photography in products, fashion, jewelry, beauty, portraits and video.
Atelier Otayza hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with these Terms of Service. You may only use the Service as expressly provided herein. Atelier Otayza strives to make the Service available twenty-four (24) hours a day, seven (7) days a week. However, there may be occasions when the Service will be interrupted for maintenance, upgrades, repairs, or other reasons. You agree that Atelier Otayza will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between Atelier Otayza and you, Atelier Otayza may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.
To obtain an Atelier Otayza account, you must register as a member. You agree that all information you provide to us in the registration process will be accurate, current, and complete, and that you will update this information from time to time as necessary to keep it accurate, current, and complete. You will be assigned, or will be asked to choose, one or more passwords when you register as a member. You must keep your passwords confidential. You are responsible for all activities that occur under your passwords. You must notify Atelier Otayza immediately if you believe any of your passwords are no longer confidential, or if you believe someone has used any of your passwords without authorization. Atelier Otayza may, at any time and for any reason, require you to choose a new password. Except as otherwise expressly provided in a separate written agreement between Atelier Otayza and you, Atelier Otayza may cancel or discontinue your member account at any time and for any reason.
You agree that you will not use the Service or any portion thereof:
for any unlawful purpose;
to upload, post, order for print, e-mail or otherwise transmit or communicate any material that (i) is offensive, blasphemous, unlawful, harmful, threatening, abusive, obscene, defamatory, or libelous, (ii) is likely to cause harm to, or allow unauthorized access to, the Service or to anyone else’s computer software or equipment (e.g., content that contains a computer virus, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service), or (iii) could otherwise give rise to any civil or criminal liability under applicable law, or is otherwise in any way objectionable Atelier Otayza and you;
to transmit any advertising, promotional materials, junk mail, spam or any other forms of solicitation that have not been expressly authorized to you in writing by Atelier Otayza;
to attempt to access another member’s account without permission; to collect, intercept or harvest users’ names, to collect, intercept or store personal data about other users of the Service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent;
to impersonate another person or entity, or to misrepresent your affiliation with another person or entity;
to interfere with or disrupt (or attempt to interfere with or disrupt) the Service or servers or networks connected to the Service or to disobey and requirements, procedures, policies or regulations of networks connected to the Service;
To upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Atelier Otayza; or
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
You further agree that you shall not:
provide any information to Atelier Otayza that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose;
upload or share information and/or content which you do not have permission (if applicable) to upload or share; or
resell the Service or any portion of the Service.
Atelier Otayza does not review content transmitted through the Service, and you acknowledge and agree that we are not responsible or liable for any photographs or other content uploaded, posted, or otherwise transmitted through the Service by photographers or other third parties. Atelier Otayza reserves the right to delete any content that we, in our sole discretion, deem to be in violation of these Terms of Service or otherwise unacceptable.
The Service may contain links to third-party websites. Atelier Otayza does not endorse those sites, and has no control over the content or availability of those sites. Your access and use of such websites is at your own risk. Further, it is your responsibility to become familiar with the terms of service and other policies governing your use of those sites.
5. Intellectual Property
Except for the photographs and other content provided by you and/or third parties, all of the content on this website (including without limitation the graphics, design, trademarks, slogans, service marks, trade names, trade dress and look and feel) is owned by Atelier Otayza and is protected by United States and international copyright, trademark, and/or other intellectual property rights laws.
You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Atelier Otayza.
You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).
No part of this website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.
For photographs, files and text posted through your account:
You hereby represent and warrant that, with respect to the content that you post on this website, you have all necessary rights to post such content and to grant the rights and licenses to such content as granted herein.
You hereby grant to Atelier Otayza a royalty-free, fully paid up, irrevocable, nonexclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, transmit, distribute, and otherwise exploit such content and any derivatives thereof in any form, medium, technology, or manner now known or later developed, solely for purposes of providing and improving the Atelier Otayza service in any media formats and through any media channels.
The photographs uploaded to your account will be presented in Atelier Otayza as photographs owned by you.
Atelier Otayza may, at its own discretion, remove hide any of the content posted under your account.
You may, at your own discretion, request Atelier Otayza to remove your data. Your data will be deleted, unless Atelier Otayza believes there is a legal reason preventing it from doing so. In such cases, unless there is a legal reason preventing Atelier Otayza from notifying you, you will be notified.
You will remove immediately any content from your account if you are becoming aware that the content does not comply with the Atelier Otayza policy or you are requested to do so by Atelier Otayza.
6. Reporting Copyright and Other Violations
Atelier Otayza does not police the content posted on this website by other users, and is not responsible for the acts or omissions of those third parties. However, Atelier Otayza respects the intellectual property, privacy, and publicity rights of others, and we ask customers and other users of the Service to do the same. If you (copyright owner or an agent representing the copyright owner) believe your photograph appears on this website without your consent and you wish to have it removed, please write an e-mail to email@example.com with your request.
Please provide the following information in your request (and you acknowledge that such notice and/or information may be forwarded to the alleged infringer):
identification of the copyrighted work (or, if multiple copyrighted works are at issue, a representative list of such works) that you claim has been infringed;
identification of the material on the website that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access which is to be disabled, and information reasonably sufficient to permit Atelier Otayza to locate such material;
information reasonably sufficient to permit Atelier Otayza to contact you, such as an address, telephone number, and, if available, an electronic mail (e-mail) address;
a statement that you have a good faith belief that use of such material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your notice is accurate and, under penalty of perjury, that you are the owner of the exclusive right that is allegedly infringed or that you are authorized to act on behalf of that owner; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Following receipt of your notice, Atelier Otayza may, at its discretion, remove the allegedly infringing content. Additionally, Atelier Otayza may, at its discretion, terminate the account of the member who posted the allegedly infringing content.
If any of your content is removed as a result of any such notice received by Atelier Otayza and you believe that such content does not infringe on a copyright, or that you have proper authorization from the rightful copyright owner, their agent, or pursuant to the law to post and use such content, you may send a counter-notice that contains all of the following information to firstname.lastname@example.org:
identification of the content that has been removed or disabled and the location where the content appeared prior to being removed or disabled;
a statement that you believe in good faith that the content was removed or disabled as a result of a mistake;
your contact information including your name, address, phone number, and, if available, an e-mail address;
a statement that you consent to jurisdiction of the court in North Carolina, NC;
a statement that you will accept service of process from the person that provided notification of the alleged infringement; and
your physical or electronic signature.
If a counter-notice is received by us, Atelier Otayza may, at its discretion, send a copy of the counter-notice to the initial complaining party and may inform that person that Atelier Otayza may, at its discretion, restore the removed or disabled content in ten (10) business days. The removed content may be restored within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Atelier Otayza’s sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue.
7. Product Store
Atelier Otayza provides a photo-store. The fulfillment process of orders in this store requires that you make the photo high-resolution-files (the originals that were uploaded) available for the Uploader Software. If these files were removed or moved from their uploaded position, you should follow the steps of making these files available again. Failing to do so will be considered by Atelier Otayza a breach of these Terms of Service. Atelier Otayza may, at its discretion, shut down your account as a result of that.
FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING THE ABOVE UNDER THIS SECTION HEADED “PRODUCT STORE”, Atelier Otayza WILL NOT BE RESPONSIBLE FOR REFUNDING CUSTOMERS WHO HAVE PLACED ORDERS THROUGH THE SITE. ONCE ORDERS ARE FULFILLED, MONIES PAID IN CONSIDERATION FOR ANY ORDER ARE PASSED TO THE THIRD PARTY PHOTO LAB AND ANY RETURNS AND/OR REFUNDS ARE SUBJECT ENTIRELY TO THE RETURN AND/OR REFUND POLICY OF THAT PHOTO LAB.
8. Photo Store Product Satisfaction Policy
Atelier Otayza is committed to customer satisfaction. In case of a dispute, Atelier Otayza will notify the account owner and may also, at its sole discretion, choose to cancel the order and refund the customer where payment has not yet been made to the third party photo lab.
Atelier Otayza offers a few subscription plans for registered accounts. Atelier Otayza may, at its sole discretion, change the services provided in these plans or change the plan structure. Atelier Otayza can choose, at its sole discretion, to remove an account from any of the subscription plans. A notification will be made public prior to these changes. Payments for these plans are made automatically by a 3rd party online collection service selected by Atelier Otayza. The payments are made in advance on a monthly basis for monthly subscriptions and on an annual basis for yearly subscription. Canceling subscription will be effective from the next payment. No refund will be made on cancelation. A refund will be made in the cases where the service was down for a period that is longer than 24 hours.
Atelier Otayza offers a few backup-storage plans for registered accounts. This service is intended to provide a backup location for the files and not as the primary storage for the photos. Although Atelier Otayza makes its best to keep this storage safe and secure, by using this service you acknowledge that in the event of loss of data or break-in Atelier Otayza will not be held accountable for the damages. Atelier Otayza may, at its sole discretion, change the services provided in these plans or change the plan structure. Atelier Otayza can choose, at its sole discretion, to remove an account from any of the storage plans. A notification will be made public prior to these changes. Payments for these plans are made automatically by a 3rd party online collection service selected by Atelier Otayza. The payments are made in advanced on a monthly bases. Canceling a storage plan will be effective from the next payment. No refund will be made on cancelation. A refund will be made in the cases where the service was down for a period that is longer than 24 hours. Atelier Otayza is using various backup and network acceleration systems. Removing content completely from the Atelier Otayza platform may take time and will not be immediate.
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND THE PRODUCTS ARE ALL PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES REGARDING THE SERVICE, THE CONTENT, AND/OR THE PRODUCTS (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE) ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ATELIER OTAYZA DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS IN THE SERVICE, THE CONTENT, OR THE PRODUCTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ATELIER OTAYZA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SERVICE OR ANY CONTENT OR PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, THE CONTENT, AND THE PRODUCTS IS AT YOUR OWN RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SUBMISSION OF ANY DATA OR IMAGES TO ATELIER OTAYZA, AND THE UPLOAD OR DOWNLOAD OF ANY DATA OR IMAGES THROUGH THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF OR DAMAGE TO SUCH DATA OR IMAGES. YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUPS OF ALL DATA AND IMAGES THAT YOU UPLOAD TO THE SERVICE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ATELIER OTAYZA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (COLLECTIVELY, “INDIRECT DAMAGES”), IN ANY WAY ARISING OUT OF OR RELATED TO THE SERVICE AND/OR ANY PRODUCTS, EVEN IF ATELIER OTAYZA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ATELIER OTAYZA’S MAXIMUM, AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICE AND/OR ANY PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNTS THAT YOU HAVE PAID TO ATELIER OTAYZA IN CONNECTION THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INDIRECT DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THE EVENT THAT SUCH LIMITATIONS DO NOT APPLY TO YOU, THEN ATELIER OTAYZA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, AND ATELIER OTAYZA’S LIABILITY FOR INDIRECT DAMAGES SHALL NOT EXCEED $100.00.
You agree to indemnify and hold harmless Atelier Otayza, and its subsidiaries, affiliates, licensors, employees, agents, and representatives from and against any and all claims, losses, expenses, costs, and damages (including but not limited to direct, indirect, incidental, consequential, special, punitive, and exemplary damages, and reasonable attorneys' fees), incurred by any of them in connection with or as a result of (a) any images or other content that you post on this website or otherwise transmit through the Service, (b) any use or misuse of the Service by you or any other person who accesses the Services using your account, (c) any violation of these Terms of Service by you or any other person who accesses the Services using your account, or (d) any violation of any rights of a third party.
14. Software, Uploader
In connection with the Service, Atelier Otayza may make software available to you. To download such software, you may be required to agree to a separate software license agreement. Third party software is subject to that third party's terms and conditions, and the agreement will be between you and that third party. Atelier Otayza does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. Atelier Otayza does not offer any warranty on any software that you download. Moreover, you are responsible for compliance with all applicable laws, including but not limited to United States export laws and regulations, when you use or export any software or materials provided in connection with the Service.
15. International Use
Atelier Otayza makes no representation or warranty that the Service or its content is appropriate or available for use in locations outside the United States, and accessing them from territories where they are illegal is prohibited. Those who choose to access the Service or its content from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
17. Email Policy
You may receive emails from Atelier Otayza if (a) your email address is listed with us as someone who has willingly shared such address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered as a member of the Service, you have purchased one or more Products, or you otherwise have an existing relationship with us. In every email that we send you, Atelier Otayza intends to include an easy way for you to choose to cease receiving emails from Atelier Otayza. Please note that, if you do choose to cease receiving emails from Atelier Otayza, it can take up to seven (7) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from Atelier Otayza (or purporting to be sent from Atelier Otayza), please forward a copy of that email with your comments to email@example.com for review. We respect your time and attention by monitoring the frequency of our mailings.
18. Electronic Communications
When you visit Atelier Otayza’s website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. Sharing Content
When you give permission to another person to view your photos, keep in mind that that person is then able to print your photos and, also, to share them with others.
20. Other Terms
These Terms of Service (a) will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to principles of conflicts of law, (b) may only be amended as provided in the first paragraph of these Terms of Service, or by a written agreement signed by both parties, (c) constitutes the entire agreement between the parties with respect to the subject matter hereof, and (d) supersedes any and all prior or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter hereof. You hereby agree to the exclusive jurisdiction of the courts of the State of North Carolina located in Mecklenburg County with respect to any legal proceeding arising in connection with these Terms of Service. These Terms of Service and any benefits to be derived hereunder may be assigned or transferred in whole or in part by Atelier Otayza. You may not assign these Terms of Service, in whole or in part, without the prior written consent of Atelier Otayza, and any such assignment or purported assignment by you without Atelier Otayza’s prior written consent will be void. Failure of a party to enforce any provision of these Terms of Service will not constitute, or be construed as, a waiver of such provision or of the right to enforce such provision. In the event that any provision of these Terms of Service is held by a court of law or other government agency to be void, voidable, or unenforceable, the remaining portions hereof shall remain in full force and effect. The parties to these Terms of Service are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service. You may not use Atelier Otayza’s name or any of its trademarks or logos in any advertising or marketing materials without Atelier Otayza’s prior written approval.