Fox Visual Collectors website is aimed at professional photographers with the purpose of facilitating them with their commercial endeavours. The terms and conditions below apply to your use of this website and the content and services provided herein (collectively, the “Service”). They also apply to your buyings of any photographic cameras and other products offered by Fox Visual Collectors or its users through the Service.

These Terms of Service apply to all users of our Service, including casual visitors. Please read these Terms of Service carefully. By using the Service or any portion thereof, you agree and acknowledge to be bound by these Terms of Service, as well as to our Privacy Policy. If you do not agree to be bound by these Terms of Service, do not use the Service.

You must be at least eighteen (18) years of age to use the Service. If you are not at least eighteen (18) years of age, do not use the Service. We reserve the right to modify the terms and conditions contained herein at any time in our sole discretion. So you must check these Terms of Service periodically for changes. Your continued use of the Service or any portion thereof following the posting of such changes (including but not limited to any changes to Fox Visual Collectors' Privacy Policy, which is referenced below) will mean that you accept such changes.

Service

Fox Visual Collectors 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. Fox Visual Collectors 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 Fox Visual Collectors will not be liable for any such interruptions. You further agree that, except as otherwise expressly provided in a separate written agreement between Fox Visual Collectors and you, Fox Visual Collectors may modify, suspend, or discontinue the Service or any portion thereof at any time and without notice.

Conduct

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:(a) is offensive, blasphemous, unlawful, harmful, threatening, abusive, obscene, defamatory, or libellous; (b) is likely to cause harm to, or allow unauthorised 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 unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service), or (c) could otherwise give rise to any civil or criminal liability under applicable law, or is otherwise in any way objectionable;
  • - For any commercial purpose other than as expressly permitted in a separate written agreement between Fox Visual Collectors and you;
  • - To transmit any advertising, promotional materials, junk mail, spam or any other forms of solicitation that have not been expressly authorised to you in writing by Fox Visual Collectors;
  • - To attempt 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 Fox Visual Collectors; 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 Fox Visual Collectors 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.

Fox Visual Collectors 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. Fox Visual Collectors 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.

Links

The Service may contain links to third-party websites. Fox Visual Collectors 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.

Official bookings

We cannot hold a date until an agreement is signed and a booking payment is made.

Editing and Post-production

Post-production and final editing styles, effects and overall look of images are left to the discretion of Fox Visual Collectors. It will not be claimed in any way if you have imagined another style of photography/videography for your photo/video session. At the time you sign the contract, you affirm that you have viewed the portfolio on our official website (https://www.foxvisualcollectors.com). You also affirm that you accept our style and type of photography/videography, both in graphic and artistic quality, even if the circumstances of your photo/video session are not conducive to taking this type of images/videos.

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 Fox Visual Collectors and is protected by Denmark 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 Fox Visual Collectors.

You may not publish, distribute, extract, re-utilise 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.

You acknowledge and agree that nothing in these terms of use shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Service or its content or any part thereof to you or any third party nor to authorise you to create derivative works based on the content.

Reporting Copyright and Other Violations

Fox Visual Collectors does not police the content posted by photographers and/or other users in third parties platforms, and is not responsible for those acts or omissions. However, Fox Visual Collectors respects the intellectual property, privacy, and publicity rights of others, and we ask photographers and/or other users of those Services to do the same. If you believe your photograph appears on other websites without your consent and you wish to have it removed, please write an e-mail to third parties’ contact with your request.

In case you see something that is not with your consent in Fox Visual Collectors’s official website, 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 Fox Visual Collectors to locate such material;

- Information reasonably sufficient to permit Fox Visual Collectors 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 authorised 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 authorised to act on behalf of that owner; and

- A physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Following receipt of your notice, Fox Visual Collectors may, at its discretion, remove the allegedly infringing content. If any of your content is removed as a result of any such notice received by Fox Visual Collectors and you believe that such content does not infringe on a copyright, or that you have proper authorisation 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 hello@foxvisualcollectors.com:

- 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 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, Fox Visual Collectors may, at its discretion, send a copy of the counter-notice to the initial complaining party and may inform that person that Fox Visual Collectors 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 Fox Visual Collectors’ sole discretion, unless the initial complaining party files an action seeking a court order against the party that posted the content at issue.

Indemnification

You agree to indemnify and hold harmless Fox Visual Collectors, 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.

Software, Fox Visual Collectors Uploader

In connection with the Service, Fox Visual Collectors may use third party 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. Fox Visual Collectors does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms, or Trojan horses. Fox Visual Collectors 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 Danish export laws and regulations, when you use or export any software or materials provided in connection with the Service.

International Use

Fox Visual Collectors makes no representation or warranty that the Service or its content is appropriate or available 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.

Privacy Policy

Fox Visual Collectors is committed to safeguarding your privacy. Please review Fox Visual Collectors' Privacy Policy. The terms of our Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.

Email Policy

You may receive emails from Fox Visual Collectors 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, or

(b) you have purchased one or more Products and Services, or you otherwise have an existing relationship with us. In every email that we send you, Fox Visual Collectors intends to include an easy way for you to choose to cease receiving emails from Fox Visual Collectors. Please note that, if you do choose to cease receiving emails from Fox Visual Collectors, it can take up to seven (7) business days for your instructions to take effect. If you have receive any unwanted, unsolicited emails from Fox Visual Collectors (or purporting to be sent from Fox Visual Collectors), please forward a copy of that email with your comments to hello@foxvisualcollectors.com for review. We respect your time and attention by monitoring the frequency of our mailings.

Electronic Communications

When you visit Fox Visual Collectors' 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.

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.

Payment terms

The payment of Fox Visual Collectors' services is allowed through bank transfer, or a third party payment platform, Stripe, the Stripe API.

For bank transfers, any kind of payment is only accepted and valid after you have proven the payment (e.g., send a proof of payment).

By using the Stripe Check Out you agree to be bound by Stripe’s Terms of Service.

You expressly understand and agree that Fox Visual Collectors shall not be liable for any payments and monetary transactions that occur through your use of the Stripe Service. You expressly understand and agree that all payments and monetary transactions are handled by Stripe. You agree that Fox Visual Collectors shall not be liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.

You are responsible for all transactions (one-time payments and refunds) processed through Stripe. Fox Visual Collectors is not liable for loss or damage from errant or invalid transactions processed with your Stripe account. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand that Fox Visual Collectors uses the Stripe API to run the Service and that the Stripe API is subject to change at any time and such changes may adversely affect the Service. You understand and agree to not hold Fox Visual Collectors liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Stripe account or your business.

You must not process stolen credit cards, or unauthorised credit cards through Stripe.

For bank transfers, any kind of payment is only accepted and valid after you have proven the payment (e.g., send a proof of payment).

Other Terms

These Terms of Service:

(a) will be governed by and construed in accordance with the laws of Portugal, 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 Portugal 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 Fox Visual Collectors. You may not assign these Terms of Service, in whole or in part, without the prior written consent of Fox Visual Collectors, and any such assignment or purported assignment by you without Fox Visual Collectors' 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 Fox Visual Collectors' name or any of its trademarks or logos in any advertising or marketing materials without Fox Visual Collectors' prior written approval.