The Gloomylens.com website is an online community which enables photographers, videographers, musicians and graphic artists to:
- post Content (as defined below);
- share comments, opinions and ideas;
- promote their work;
- take part in contests and promotions;
- access and/or purchase services from time to time made available on the site (“Services”). Services include, but are not limited to, any service and/or Content we make available to or perform for you, as well as the offering of any materials displayed, transmitted or performed on the site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, videos and software. The following outlines the terms under which you may use the Gloomylens.com website and Services.
- ACCEPTANCE OF TERMS
- CREATE A USERNAME AND PASSWORD
A condition of using our Services is the creation of an account with a username and password, and to provide accurate registration information. Failure to do so constitutes a breach of these Terms, which may result in immediate suspension or termination of your account. You may not use the name of another person or entity as your username or one that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. 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 account. Services are available only to individuals who are either: (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access our website by a parent or legal guardian. If you have authorized a minor to use our website, you are responsible for the online conduct of such minor, and the consequences of any misuse of the website by the minor. You represent and warrant that have given full and accurate information at account creation including a valid email address and that you will keep that information up to date at all times.
- RESPONSIBILITY FOR CONTENT AND SERVICE CHANGES
Our website contains user-generated Content that may depict subject matters not appropriate for all (for example, nudity). Gloomylens.com cannot filter and monitor the Content created and viewed by its users and does not assume responsibility for this Content. If you are over 14, but below 18 years old, please do not use or register with Gloomylens.com unless you have been given permission by a parent or legal guardian. Gloomylens.com reserves the right to: (a) change, modify or discontinue some or all of the Services offered on this website, (b) restrict the availability of Services, (c) deny users access to Services, (d) restrict the number of Services available to individual users, (e) charge fees on using the service, (f) offer individual service levels to individual users, and (g) remove an upload facility or any user Content at any time at its sole discretion, all without prior notice or liability. Gloomylens.com is also not liable for modifications, suspension or discontinuance of the Services caused by third parties. The Gloomylens.com website should not be relied upon as a sole point of storage of your Content.
- WHAT YOU ARE NOT ALLOWED TO DO
You may not use the Gloomylens.com Services to upload, transmit or share any Content which:
- does not comply with these Terms
• unlawfully infringes the intellectual property rights or other rights of third parties, including, but not limited to, trademarks, copyright, trade secrets, patents, publicity rights or privacy rights
• includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, or disablement national origin, ethnicity, religion, gender, sexual orientation, or disablement
• makes use of a false name or identity or a name or identity that you are not entitled or authorized to use
- any type of pornographic materials
• contains any unsolicited advertising, promotional materials, or other forms of solicitation
• contravenes any applicable law or government regulation in the jurisdiction where you use our Services
• creates or submits unwanted email or comments to any Gloomylens.com users.
You agree not to engage in any of the following behaviour on Gloomylens.com:
- To abuse, harass, threaten, impersonate or intimidate other users of the site
• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Gloomylens.com user
• To create multiple accounts
- To use any automated means, with the exception of accessing RSS feeds, 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 ratings, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for ratings or for participating in any other organized effort that in any way artificially alters the results of Services
• To promote or sell Content of another person
• To sell or otherwise transfer your profile
Violation of any of these conditions will result in the termination of your Gloomylens.com account. While Gloomylens.com prohibits such conduct and Content on its site, you understand and agree that Gloomylens.com cannot be responsible for the Content posted or behaviour on its website by others and you nonetheless may be exposed to such materials and/or behaviour and that you use the Gloomylens.com service at your own risk
- WHAT WE CAN DO WITH UPLOADED CONTENT
Gloomylens.com seeks no ownership of the Content submitted to the website and respects and supports the rights of the creator and/or owner. Copyright remains with the image creator and/or owner at all times and you retain all rights to the Content that you previously enjoyed. However, by submitting Content to our website you represent and warrant to Gloomylens.com that you are the original photographer creator and owner of, and accordingly all rights, including copyright in and to the Content are owned by you or you have the permission of the copyright holder and that Gloomylens.com is free to use the Content as provided in these Terms without obtaining permission or a licence from any third party. By uploading your Content to the Gloomylens.com website you agree that we may:
- use, reproduce, distribute and display the Content, within the scope of the various functionalities of our website and Services from time to time, including without limitation making it available for sharing with other users and on other platforms and through other channels;
• with your express consent, grant rights of use to third parties (each a “Customer”) in respect of the Content, including by way of licensing stock image electronic downloads and sales of physical articles, items and merchandise containing the Content including without limitation prints, posters and wall products (“Products”) ;
• if you have consented to rights of use to your Content being granted to Customers in accordance with the above, appoint third party distributors or agents to facilitate the same and sublicence the Content to such parties;
• include the Content in marketing material sent to other platforms and channels in conjunction with challenges;
• advertise and promote our Services using the Content;
• enable you to purchase Products containing your Content from the site, using our preferred providers, with all such purchases benefitting from a 30-day money back guarantee; and
• use the Content for such other purposes as we may from time to time reasonably determine.
These rights of use will last for the period during which the Content is posted on the Gloomylens.com website and will automatically terminate upon the removal of the Content from the website, except as set out in clause 10.
- alter the Content including any cropping, manipulation, combining and creation of derivative images providing such alteration is not pornographic, defamatory or otherwise unlawful;
• add, amend or delete any captions, keywording or information supplied to us relating to the Content, including but not limited to, permissions, tags, descriptions, number of people, date taken, location and usernames (“Metadata”) for any Content for any reason;
• from time to time grant to the operators of public search engines permission to use search engines or search spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content;
• attach reasonable, non-offensive comments and critiques of the Content, both from other users and judging experts, without your prior consent;
• make no representation and warranty that Content posted on our website will not be unlawfully copied without your or our consent;
• remove or disallow any Content that has been submitted at our discretion; and
• categorise the Content, for example into commercial and editorial, at its sole discretion.
You will be asked for your consent to grant rights of use to Customers at the time of uploading the Content or may agree to the same subsequently or withdraw consent that you have already given (provided that any such withdrawal will not affect any rights of use then granted). If you do so consent (i) your Content will be supplied on a non exclusive basis and you may therefore sell it in any other way you wish, and (ii) we will have flexibility to agree with the Customer the price, format, scope and type of use granted and any restrictions at our discretion and the rights of use granted will include all rights in the Content held by you in all media and formats either current or yet to be developed.
You further represent and warrant that:
- if you have consented to rights of use to your Content being granted to Customers in accordance with the above, you hold all necessary releases and clearances relating to the Content, including, without limitation, from identifiable individuals or owners of products or property depicted and/or original clients for whom the Content may have been created and you must make the same available to us if so requested;
• you will honestly and accurately state whether binding and enforceable model and/or property and/or other releases exist in respect of the Content;
• you have the right to enter into these Terms and to grant to Gloomylens.com the usage rights referred to above, and that no further permissions are required from, nor payments required to be made to, any other person in connection with the use by Gloomylens.com of the Content;
• the Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or government regulation in the jurisdiction where you use our Services;
• you are solely and exclusively responsible for all Content that you submit, process or handle by use of our Services. You acknowledge that we do not and cannot review all Content uploaded and are not responsible for the Content. Where we make available Content this should be considered only as a courtesy and does not limit your responsibility for the same;
• you will ensure that all Metadata is factually correct and and will remain accurate and up to date;
• you are not entitled to use our website and Services in any way that may overload, disturb, harm, inactivate or impair them, or use them in any way that may lead to transfer, distribution or uploading of software or material containing harmful code, such as virus, time bombs, cancelbots, worms, Trojan horses, espionage software or other potentially harmful software, material or information;
• there are and will be no claims by any other party in connection with the use or reproduction of any of the Content;
• the Content was not photographed, video recorded and audio recorded in any place where photography, video recording and audio recording for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas.
We will endeavour to:
- include your copyright information embedded within all copies of Content on our website; and
• include a link back to your original Content when that Content is shared or other attribution but this will not apply to stock image, video and audio electronic downloads;
but cannot guarantee this in any instance, and will not be held liable in the event of a failure to do so.
- COMPETITIONS AND PRIZES
When you upload Content for entry into one of our photo, video and audio challenges, the Gloomylens.com team may, after the closing date for the relevant challenge, act as resident judges and experts to determine a shortlist of finalists. This shortlist of finalists will then be provided to any guest or external judge/expert (as advertised in the relevant challenge) to select the winner and runners up of the relevant competition. In all cases the published rules of the challenge will apply and the judge’s decision is final and binding. After expert judging (or crowd voting, as the case may be) to select winners has finished, the prize winners will be notified by email to the winning user’s email account. To be confirmed as a winner and to be awarded the prize, the winning user may be required to confirm full legal ownership of the winning Content and, where applicable, that the winning Content was first created during the relevant challenge period. Should a prize notification or prize addressed to a particular user be returned as undeliverable, we will not resend the notice (whether by the same or another method), research the user’s address or make any further attempts at delivery or contact. Where a winner’s shipping address is located in a country or area designated by Gloomylens.com, in its sole discretion, as undeliverable, we reserve the right to provide a cash payment sent via PayPal or voucher of equal value to the advertised prize instead of the specific advertised prize. Prizes are not transferable. Winners will be announced after the confirmation required above is received and the respective winner(s) are confirmed. Gloomylens.com reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate, in its discretion, except that the winner of expert-judged or crowd-rated prizes will be announced within thirty (30) days of the date on which the confirmation required above is received from the winner. The dispatch of prizes to winners will be the sole responsibility of the prize sponsor. Prizes are subject to change at any time without notice in the sole discretion of Gloomylens.com or the challenge sponsor. By entering into any Gloomylens.com photo challenge, each user releases and holds harmless Gloomylens.com, and any participating prize providers (as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies), against any and all claims, demands and liabilities arising out of or relating to the challenge, the user’s participation in the challenge and/or any challenge-related activity, including, without limitation, from the winner’s use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in any Gloomylens.com competition and/or use/redemption of any prize. We will not be liable for the actions or omissions of third party challenge sponsors or organisers, even if the challenge is promoted on our website.
- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Gloomylens.com with the following information and we will investigate promptly:
- an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright or other intellectual property right
• a description of the copyrighted work or other intellectual property that you claim has been infringed
• a description of where the material that you claim is infringing is located on the site, with enough detail that we may find it on the website (in most circumstances, we will need a URL)
• your address, telephone number and email address
• a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent or the law
• a statement by you that the above information is accurate and that you are the copyright or intellectual property owner or authorised to act on their behalf.
- IF YOU BREACH THESE TERMS
You agree to indemnify and hold harmless Gloomylens.com and its directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs resulting from or arising out of: (a) your breach of these Terms, (b) any Content posted by you on the Gloomylens.com website, (c) use of the Gloomylens.com Services by you or any person using your username and/or password, and (d) any violation by you of any rights of a third party.
- OUR LIABILITIES
In no event shall Gloomylens.com be liable in contract, tort or otherwise with respect to the Gloomylens.com website, our Services or the Content: (a) for any lost profits, loss of business, loss of data, unauthorised access to data or deficient data secrecy in connection with the transfer of information via the Internet, or for any misuse of Content published on our website or any other special, incidental or consequential costs, losses or damage of any kind whatsoever, (b) to provide substitute goods or services, except as provided for in these Terms, or (c) for any direct damages in excess of any subscription price paid by the user that is the subject of the claim to use the Gloomylens.com Services. The terms of this clause shall not prevent any liability or claim for death or bodily injury nor any claim arising from wilful default or gross negligence on our part.
We undertake from time to time to use reasonable efforts to give you access to our website and Services. We reserve the right to, at our sole discretion and when we deem necessary due to technical, operational, maintenance or security reasons, take measures which may affect the accessibility of our website and Services. Due to the nature of Internet and server provision, downtime and lost transmissions may occur and accordingly we will have no liability to you for the loss of any Content or for any deterioration or damage to any Content or any failure of our website or Services.
- ENDING THIS AGREEMENT
Gloomylens.com may terminate or suspend any and all of its Services and/or your Gloomylens.com account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination of your account, your right to use the Services will immediately cease. You can terminate your Gloomylens.com account at any time by giving notice to us to that effect. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, indemnities and limitations of liability. Upon termination of your account we will use all reasonable endeavours to remove all Content posted to your account. If Content is removed, then any third party uses then existing will still remain and we will still be able to grant rights of use for: (i) Content relating to a specific use that has already been downloaded by a Customer for the purpose of such specific use prior to removal, or in respect of which we had entered into negotiations with any Customer prior to the date of removal, for a period of one year following removal, (ii) Content that is being re-used by a Customer, if we reasonably believe that the re-use is the same or very closely similar to the previous use. In addition, where Content has been entered in a challenge and been given an award or an expert image review, a copy of that will be retained on the site as part of the archive for that photo challenge, or in connection with the expert image review. You will ensure that following termination you will not enter into any arrangement which conflicts with any rights of use granted by us.
- CHANGING THESE TERMS
Gloomylens.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you by posting an announcement on the Gloomylens.com website. What constitutes a material change will be determined by us. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any Content following notification of a material change to the Terms shall constitute your acceptance of the Terms as modified.
- THIRD PARTIES USING OUR SERVICES OR WEBSITE
We may from time to time permit third parties and entities (“Third Party Users”) to use our website as a platform to create their own groups of users, invite others to join them, and run their own contests and assignments (“Challenges’). In such cases you acknowledge that:
- any permission to use our website or Services is not to be taken as a recommendation or endorsement regarding any activities carried out by the Third Party Users;
• we are not responsible or liable for the actions and omissions of any Third Party Users but we undertake to investigate any reported problems.
If you are a Third Party User you will:
- be bound by all applicable obligations set out in these Terms;
• be solely responsible and liable for your acts or omissions;
• be bound by such rules as we may from time to time specify;
• not act in such a way to bring us or our website or Services into disrepute;
• act fairly and honestly in all your interactions with users at all times;
• indemnify and hold harmless Gloomylens.com and its directors, officers, employees and agents from and against all claims, losses, expenses, damages and costs resulting from or arising out of (a) your breach of these Terms, (b) any Content posted by users on the Gloomylens.com website, (c) your use of the Gloomylens.com website or Services, and (d) any violation by you of any rights of a third party;.
• not have the right to use Content submitted by a user or member of your group, except as agreed by the user or member when making any submission.
You agree that we have the right to use your Content fully or partially for promotional reasons and in promotional/marketing material and activity without charge or prior consent or approval from you at our sole discretion and to distribute and redistribute your Content to other parties, websites, applications, and other entities, provided we use reasonable endeavours to ensure that such Content is attributed to you in accordance with the information submitted to us by you. You agree that any such promotional activities may be carried out by us notwithstanding the earlier termination of the contract for any reason and notwithstanding the removal of Content where that Content has already been selected for use in advertising and promotional activity in accordance with this clause.
- SUBSCRIPTIONS AND BILLING
We offer the facility to sign up to a number of subscription plans, including plans with differing tiers, conditions, limitations and features. You can sign up to such plans or find specific details regarding your subscription on our website. We reserve the right to modify, terminate or otherwise amend our offered pricing and subscription plans from time to time. You can upgrade, downgrade or cancel your pricing plan using your online account on the website. If you are signing up to a subscription plan you must provide us with a current, valid, accepted method of payment, as may be advised by us from time to time (“Payment Method”). We will bill the subscription fee, and any applicable taxes such as value added tax, to your Payment Method. You must cancel your subscription before it renews each subscription period in order to avoid billing of the next period’s subscription fees to your Payment Method. Where you change your plan during a subscription period, we may bill you any difference between the subscription fee for your old and new plans for the remainder of that period. The amount billed for the subscribed plan is a recurring amount which will only be varied in the event that you change your plan or we adjust the prices. Where the applicable subscription fee is varied, you authorise us to charge your Payment Method for such varied amounts. We reserve the right to adjust pricing for our Service in our sole discretion. Any price changes will take effect no earlier than 30 days following notice to you. Subject to an initial 14-day cooling off period within which you will receive a full refund in the event of cancellation of your subscription, all payments are nonrefundable and there are no refunds or credits for partially used periods.
- FINAL POINTS
No person who is not a party to these Terms may enforce them and any legislation according rights to third parties shall not apply. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Gloomylens.com in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of that right or any further rights. Gloomylens.com shall not be liable for any failure to perform its obligations in these Terms where such failure results from any cause beyond Gloomylens.com’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Gloomylens.com may transfer or assign these Terms and its rights and obligations under them without consent but you may only transfer or assign the same with our prior written consent. The Terms shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to hear and settle any disputes. Both parties agree that these Terms represent the full mutual understanding of the parties and supersede all and any previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided above. Any notice under these Terms may be sent electronically to the email address notified by each party to the other and will be deemed to have been received on the expiration of 48 hours after service.
How to contact us
If you have any questions about our terms and conditions, please contact us by email at the following address: