TERMS AND CONDITIONS OF USE “Users”
Last updated: May 31, 2023
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES
By accessing and using our application and/or the services provided therein, you are entering into a contract with Pictures and Go SL (hereinafter PIC&GO), for which to access the APP you must read and agree with all of the these Terms and Conditions of Use (hereinafter TyC). By using our services, you express your consent to these T&C and acknowledge that you have read our Privacy Policy and have accepted it in accordance. You will not be able to access and use our application and/or services if you do not accept and share these T&C.
Contractual Relationship
These T&C regulate the access or use that you make, as a person, of this application (hereinafter called the “Application”), its content, its products and the services (hereinafter called the “Services”) made available by PIC&GO , a sole proprietorship company, incorporated in Spain, NIF B10774925, with registered office in Villanueva del Pardillo (Madrid), registered at Calle San Juan de la Cruz 1, with number 7, under A.
PIC&GO may immediately terminate these T&C or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, with or without cause. .
PIC&GO may modify the T&C related to the Services when it deems appropriate. Modifications will be effective upon posting by PIC&GO of such updated T&C at this location or the modified policies on the applicable Service. Your continued access to or use of the Services after such posting constitutes your consent to be bound by the T&C as amended.
Services
The Services constitute a technology platform that allows Users of the PIC&GO mobile application (hereinafter the “Users”), provided as part of the Services, to contact, organize, schedule and request photography services with independent third parties and professional providers. of said services (hereinafter referred to as “Third Party Providers”), which are geographically located close to the Users. The choice of the Third Party provider is optional, voluntary and exclusive of the User, limiting PIC&GO to making available professionals close to their geolocation. Except as agreed to by PIC&GO in a separate express written agreement with you, the Services are made available only for your personal, private, non-commercial use in public places.
PIC&GO is only limited to offering a portfolio of Third-Party providers for contracting private photography services according to the User’s location radius.
License granted by PIC&GO
Subject to compliance with these T&C, PIC&GO grants a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Application on your personal device only in connection with your use of the Services provided; and (ii) the access and use of any content, information and related material that may be made available through the Services, in each case only for your exclusively personal, private, non-commercial use. PIC&GO reserves any rights not expressly granted herein.
Third Party Provider License for Use of Images and/or Photographs
By accepting these T&C, the User consents and grants PIC&GO a free, irrevocable, international, non-exclusive and unlimited authorization for PIC&GO to use, publish, reproduce and/or adapt the images and/or photographs obtained from through the use of the Services provided by the contracted Third-Party providers, in order to be used for promotional purposes of the APP under any current means or to be developed in the future.
Restrictions
The use of the APP does not grant the User/Third Party provider any property rights over it, its accesses and sources or of any other type. The Services and all rights related to them are and will remain the exclusive and sole property of PIC&GO.
Use of Services
User Accounts
In order to fully use the Services, you must register with a personal user account for the Services (hereinafter referred to as “Account”). To obtain an Account you must be over 18 years of age, or the legal age of majority in your jurisdiction (if different from 18 years of age), in order to have full capacity to freely consent to these T&Cs.User Accounts
In order to fully use the Services, you must register with a personal user account for the Services (hereinafter referred to as “Account”). To obtain an Account you must be over 18 years of age, or the legal age of majority in your jurisdiction (if different from 18 years of age), in order to have full capacity to freely consent to these T&Cs. The registration of the account requires you to communicate and provide PIC&GO with certain personal information, such as your name, document that reliably proves your identity in accordance with the legislation of the country in which you use the APP, address, mobile phone number, and enable PIC&GO the access and knowledge of your geolocation, and have a debit or credit bank card enabled to operate with PAGO STRIPE necessary to make the payments required by the services. By accepting these T&Cs, you agree to keep your Account information accurate, complete, and up-to-date. Failure to keep Account information accurate, complete and up-to-date, or even have invalid or expired data, may result in your inability to access and use the Services or PIC&GO’s termination of these T&Cs. You are responsible for all activity that occurs under your Account after it is generated and you agree to keep your Account username and password secure and secret at all times. Except as PIC&GO expressly permits otherwise in writing, you may only have one Account.
User Requirements and Conduct
The Service provided by PIC&GO is not available or permitted for use by persons under 18 years of age or deprived of their consent, unless they are represented by their father, mother, guardian or legal guardian. You may not authorize third parties to use your Account, likewise you may not allow persons under the age of 18 to receive photography services from Third Party providers, except that those are accompanied by their father, mother and/or guardian at the time of render the service.
Obscene or offensive content of any kind, whether ethnic, racial, religious, political and/or sexual, may not be included in the app, and it is recommended to all Users and Third-Party Providers that photographs be taken in public places, avoiding places that, due to their appearance or access may be of risk to either party.
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when offering the Services and you may only offer the Services for legitimate purposes (e.g., you will not use them for the dissemination of third-party photos without their express consent or for commercial gain or misuse that violates the right to privacy or intimacy of people or imply the improper use of the image of third parties). In the use of the Services, you will not cause a nuisance, annoyance, inconvenience or damage to property, either to third parties or to any other party. In some cases, you may be required to provide an identity document or other identity verification to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide the identity document or identity verification element.
PIC&GO reserves the right to terminate the account and/or disable the User if the User fails to fully or partially comply with these T&C and/or receives a complaint from Third-Party Providers for non-compliance with the Services and/or the improper use of images and/or photographs.
Network access and devices
You are responsible for obtaining data network access necessary to use the Services. Your mobile network’s data and messaging rates and rates may apply if you access or use the Services from a wireless device and you will be responsible for such rates and rates. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. PIC&GO does not guarantee that the Services, or any part thereof, will work on any particular hardware or device. In addition, the Services may be subject to malfunctions or delays inherent to the use of the Internet and electronic communications.
Pay
Fees charged will not be refundable. However, the refund of the amounts paid by the Users will proceed when the cases provided for in article 21 of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and/or in those cases in which, due to events attributable exclusively to the Third Party Provider, the contract could not be concluded. The rates, their updates, and conditions of use will be available at all times in the Application and/or Website and are subject to possible modifications. The User/Third Party Provider is recommended to periodically access the Application and/or the Website to find out the applicable rates at any time.
Pic&Go reserves the right to modify, expand, reduce, establish and/or eliminate any payment method at any time as it deems appropriate for the proper functioning of the Service, in which case the User/Third Party Provider will be notified of such circumstances. The applicable fees will be charged to the User for the contact management resulting from the Service, said fees will be charged automatically through the credit/debit card provided by the User in the Registration Form/Stripe Payment Method, whose terms and conditions must be previously accepted by the User of the site https://stripe.com/de-us/legal/ssa/es-es.
In those cases in which Pic&Go charges the User directly through the Stripe payment method, which uses the credit/debit card provided by the User, Pic&Go reserves the right to validate the payment method. Likewise, each time the User makes a request for a Service, Pic&Go reserves the right to request pre-authorization to charge the session to the credit institution linked to the credit/debit card provided by the User. In no case said pre-authorization will imply the effective collection of the service to be carried out, since said collection will only be made once it has finished. Pic&Go reserves the right to restrict the use and to recover the amount of the promotions, invitations and discounts to those Users/Third Party providers who make inappropriate, illegal or abusive use of the same, who may be informed of such circumstance. Improper use shall be understood as any use of the Application and/or Website by the User/Third Party Provider contrary to Law and these General Conditions of Use. It is strictly prohibited for a User/Third Party Provider to create different Pic&Go accounts or share a method of electronic payment with other Users/Third-party providers in order to unduly benefit from discounts and invitations, which is considered an abusive use of them. In addition, Pic&Go reserves the right to cancel or reduce the value of discounts, invitations and promotions at any time.
Pic&Go, for security reasons, will have the power to block, cancel or annul any payment method when there are reasonable suspicions about its improper use. In addition, it is not allowed to use the same payment method in more than two independent accounts. In the event that this happens, the company may proceed to block the Service for all accounts until the User documents ownership of both accounts and the payment method entered.
Limitation of Liability – Indemnity
LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT PIC&GO DOES NOT UNDER ANY CIRCUMSTANCES OR IN ANY WAY PROVIDE PHOTOGRAPHY SERVICES OF ANY KIND OR OPERATE AS A PHOTOGRAPHY SERVICES AND/OR PHOTO STUDIO COMPANY, BUT SUCH SERVICES ARE PROVIDED BY THIRD PARTY PROVIDERS. INDEPENDENT ULARS AND PROFESSIONALS IN THEIR FIELD, WHO ARE NOT EMPLOYED BY PIC&GO OR ANY OF ITS AFFILIATES. PIC&GO IS A DIGITAL AND/OR TECHNOLOGICAL PLATFORM TO WHICH THIRD-PARTY SUPPLIERS ARE ADHERED TO SUCH NATURE AND THROUGH WHICH USERS WITH THE CREATION AND USE OF A USER ACCOUNT CAN KNOW THEIR LOCATION, CONTACT THEM AND IF IT IS THEIR DECISION TO CONTRACT THEIR SERVICES.
PIC&GO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, PERSONAL INJURY OR DAMAGE TO PROPERTY, MISUSE OF IMAGE, VIOLATION OF THE RIGHT TO PRIVACY AND/OR PRIVACY OR ANY DAMAGES RELATED TO, OR IN CONNECTION WITH, OR OTHERWISE ARISING OUT OF ANY USE OF THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIC&GO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSS, INCLUDING TECHNOLOGY EQUIPMENT, CAMERAS AND/OR CELLPHONES, ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; or(ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER. PIC&GO SHALL NOT BE LIABLE FOR DELAY OR FAILURE TO PERFORM SERVICES RESULTING FROM CAUSES BEYOND PIC&GO’S REASONABLE CONTROL.
LIKEWISE, PIC&GO WILL NOT BE RESPONSIBLE FOR THE LOSS, THEFT, LOGICAL AND/OR PHYSICAL DELETION OF DATA OR INFORMATION.
THE LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER WHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY.
YOU AGREE TO HOLD HARMLESS AND LIABLE AGAINST PIC&GO AND ITS DIRECTORS, DIRECTORS, EMPLOYEES AND AGENTS FOR ANY CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF: (I) YOUR USE OF THE SERVICES; (II) YOUR BREACH OR VIOLATION OF ANY OF THESE TOC; (III) PIC&GO’S USE OF YOUR USER CONTENT; OR (IV) YOUR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING THIRD PARTY PROVIDERS.
Applicable legislation
This Contract is governed by common Spanish law. The Parties agree to submit any litigious matter arising from or related to this Contract to the Spanish courts and tribunals of the city of Madrid, expressly waiving their own jurisdiction, if another corresponds to them.
General disposition
You may not assign or transfer these T&C, in whole or in part, without the prior written consent of PIC&GO. You give PIC&GO your approval to assign or transfer these T&C, in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of the capital, business or assets of PIC&GO; or (iii) a successor by merger. No joint venture or partnership, employment or agency relationship exists between you, PIC&GO or any Third Party Provider as a result of the use of the APP.
If any provision of these T&C is held to be unlawful, void or unenforceable, whether in whole or in part, under any law, such provision or part thereof shall be deemed not to form part of these Terms, even though the legality, validity and enforceability of the rest of the provisions of these Conditions will not be affected. In that case, the parties must replace said illegal, void or unenforceable provision, in whole or in part, by a legal, valid and enforceable provision that has, to the extent possible, a similar effect to that of the illegal, void provision. or unenforceable, given the contents and purpose of these Conditions. These T & C constitute the entire contract and understanding between the parties in relation to the object and supersedes and supersedes all previous or contemporaneous contracts or agreements in relation to said object.
Cookies policy”
PIC&GO uses cookies, bytes, and identification technologies on our websites, mobile applications, email communications, advertisements, and other online services (collectively, the “Services”) for a number of purposes including: authorizing users, remembering user preferences and settings, determine the popularity of content, deliver and measure the effectiveness of advertising campaigns, analyze site traffic and trends, and generally understand the online behaviors and interests of people who interact with our services.
Cookies and bytes are small text files that are stored in a browser or device by websites, applications, online media, and advertisements, and are used to remember your browser or device during and across website visits. We also use other technologies that can identify you or the devices you use. For example, “pixel tags,” or web beacons, are small blocks of code that are installed on (or run by) a web page, app, or ad that can retrieve certain information about your device and browser, such as: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, advertising identifiers and other similar information, including the small text file (the cookie) that the device uniquely identifies. Pixels provide the means for third parties to set and read browser cookies from a domain they do not manage, and collect information about visitors to that domain, usually with the permission of the domain owner. “Local storage” generally refers to other places on a browser or device where information may be stored by websites, advertisements, or third parties (such as HTML5 local storage and browser cache). Software Development Kits, or SDKs, work like pixels and cookies, but they operate in the context of the mobile app where pixels and cookies may not always work.
The main developer of the application can install code snippets (SDK) from the partners in the application. This allows the partner to collect certain information about the user’s interaction with the application and information about the user’s device and network information.
Relevance and ad timing
To provide the most relevant ads possible, PIC&GO works with various service providers who help us deliver similar ads across devices and platforms to end users. For example, we work with social media advertising services to serve you relevant ads, based on your activity on PIC&GO’s communication channels. We may also use service providers to deliver a similar advertisement to you on a mobile website or mobile application, as in the case of a traditional website advertisement. See below for additional information about your options to limit this type of advertising. Your choices: i) You have the right to choose whether or not to accept cookies. However, they are an important part of how our services work, so you should be aware that if you choose to reject or delete cookies, this could affect the availability and functionality of the services; ii) Most web browsers are set to accept cookies by default. You can choose to set your browser to remove or reject browser cookies, if that is your preference. To do so, follow the instructions provided by your browser. These are usually found in the “Help” or “Preferences” menu. Some third party sites also provide the option to reject their cookies directly if you click on an opt-out link.
TERMS AND CONDITIONS “Photographers”
REGISTRATION AGREEMENT AND USE OF THE PIC&GO APP TO OFFER PHOTOGRAPHY SERVICES
This AGREEMENT FOR REGISTRATION AND USE OF THE APPLICATION TO ADVERTISE PHOTOGRAPHY SERVICES, hereinafter the AGREEMENT, establishes the terms and conditions under which the commercial relationship to be developed between PIC&GO and you as PHOTOGRAPHER, hereinafter interchangeably you, is regulated. and/or the PHOTOGRAPHER, who decides to offer USERS their photography services through our APP.
The AGREEMENT in no way means an offer of photography services, or a guarantee on any number of contracts, or a business development and/or any other action or element, or subordination relationship of a labor nature, but that the APP constitutes a tool that allows publishing, under the conditions established here and in the future in the APP, photography works and the spatial location at a given moment of the PHOTOGRAPHER to access a publication that allows access to possible requirements for photography services by of one or several USERS (as defined in the TERMS AND CONDITIONS of the site) through the APP.
By agreeing to register in the APP, you express and acknowledge that you have read this AGREEMENT, the TERMS AND CONDITIONS and the PRIVACY POLICY of the APP and accept them and agree to comply with them and hold harmless PIC&GO, employees, managers and holders against any claim that could be claimed for their actions. Along with this, you must complete and submit the form located on the site: https://docs.google.com/forms/d/1GiA_8cuUDOscka4WmULtnUwlCf1MVX55X5yzSpGstnQ/edit.
PIC&GO reserves the right and power to modify at any time the scope of this AGREEMENT, TERMS AND CONDITIONS and the PRIVACY POLICY of the APP, for which you agree to review them when accepting each photography service that may result from your proposal in the APP.
For the purposes of registering in the APP, you must accompany (and keep updated) a frontal photo with identification of your D.N.I./N.I.E. [*], address for the purposes of notifications in [*], telephone [*], email [*] IBAN [*], bank account in own name, accompany a selection of works in up to … (BITES) (or type of camera used) and establish a unique, personal and non-delegable code and password that identifies you as a registered PHOTOGRAPHER and is necessary to access the different contents of the APP, assuming sole responsibility for its use, storage and custody. In case of misplacement, loss or violation of the same, you must notify PIC&GO to proceed with its cancellation until you obtain a new REGISTRATION. Likewise, it declares as an AFFIDAVIT that he has not been sentenced prior to signing this document for any crime committed in Spain or abroad; that he is not involved in any type of proceeding in which he is accused of any type of authorship or participation in allegedly criminal acts; that during the provision of photography services, it will not take images of minors without the presence of their parents, guardians or guardians, it is obliged to observe responsible conduct with third parties, in accordance with the legal system, public order, morality and good customs, with special education, correct treatment and respect for dignity and honor, in relation, merely as an example, dignified treatment of the person, taking photographs without injuring the privacy or personal rights of USERS; that he undertakes to act with the utmost professionalism in his activity as a photographer, respecting the principles of good faith and observing the quality standards that, in relation to the provision of the service, the USER requires; that during the provision of the services that are contracted to him, he will diligently take care of his hygiene and image.
On the occasion of being required and accepted by you for a photography service through the APP, you understand, accept and agree to strictly comply with the requirement made by the USER, to appear at the place selected by the USER with a at least 10 minutes in advance of the agreed time, offer the services in public places, pay PIC&GO the sums resulting from the selected rate in the manner agreed by the USER, waive to keep and publish in another place that is not in the APP the images obtained and delivered to the USERS. The lack of presentation in due time and form and/or the failure to perform the required service, entitles PIC&GO to reimburse the USER in whole or in part for the sums duly paid and to withhold any sum that in the future you may be entitled to receive for services obtained through the APP, plus their interest and costs and apply it to the payment of any charges that may be registered with the APP as a result of their breaches.
It is at your exclusive charge and cost to have the necessary and useful connectivity means to access the APP and the services offered therein, or PIC&GO assuming no responsibility for this.
PIC&GO is not responsible for any delay, non-delivery or other loss or damage resulting from the transfer of data over networks and communication facilities, including the Internet, and the PHOTOGRAPHER agrees that the services may be subject to limitations, delays and other problems inherent in the use of such communication facilities.
Understanding that their actions, work and conduct will be qualified by the USERS, they accept that they may be positive or negative, renouncing to make claims against the USERS and/or the APP and/or PIC&GO, their directors and/or owners. Waiver to use and/or apply any data, image, file, information, etc. belonging to the USERS who may have access during the provision of the photography service for a purpose other than the one for which the service is required, safeguarding the most absolute confidentiality for them and is obliged to exclusively and personally assume any responsibility that could result from its non-compliance, forcing itself to hold PIC&GO and/or its directors and/or owners harmless from any claim they may receive for events or actions derived from their task.
You expressly acknowledge that the lack of veracity of the statements contained in this document and/or the breach of the obligations expressly assumed, constitute a violation of the agreed conditions, for which you authorize PIC&GO to block you from the APP, make complaints that deems appropriate and claim the damages caused.
The use of the APP is limited to the jurisdiction of SPAIN, and its operation in other areas may be affected.
The images, photographs, works and publications made by services obtained through the APP, may only be delivered to the USERS who have contracted them and will be included in the APP for promotional and advertising purposes, the PHOTOGRAPHER assigning unlimited all the rights and actions that you may have over them.
The prices to be determined for the photographs will be what PIC&GO establishes in the APP in the manner indicated therein at its sole discretion and the PHOTOGRAPHER will have the right to receive a sum equivalent to … % of the effective amount received by PIC&GO. Payments will be settled 30 days after receipt of the money by PIC&GO to the account that the PHOTOGRAPHER has indicated.
The PHOTOGRAPHER acknowledges that the ownership of the APP and its system, in any of its applications and versions, its sources and modifications are exclusive to PIC&GO and acceptsthat she owns all intellectual property rights to the Software, services and content. Except as expressly provided herein, the PHOTOGRAPHER is hereby not granted any rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or not), stationery, or any other right or license regarding the APP, of the services and that the scope of this is limited to granting a right of use and enjoyment to advertise their photography services, for which the PHOTOGRAPHER may not demand any right over the APP, its applications , brand, logos, without prejudice to the right acquired under the terms of the present on the material made available to you, which for the purposes of this will be understood as confidential information, for which the PHOTOGRAPHER undertakes not to provide such information to third parties, physical or legal, under penalty of being able to claim PIC&GO damages. The PHOTOGRAPHER accepts that the exclusive ownership of the APP and its sources and scope extends to any modification, extension, incorporation, development, version, etc., current or future, that is carried out in the future, even in the event that the PHOTOGRAPHER either at the request or proposal of the PHOTOGRAPHER.
The TERMS AND CONDITIONS and the PRIVACY POLICY that are set out in the APP adjusted to the benefits under your responsibility are considered to be included as mandatory among these guidelines.
In view of the professional nature of the advertised task, this agreement is solely with you and cannot be transferred under any circumstances to a third party, assuming the damages and losses arising from its breach.
This agreement does not require or recognize exclusivity of any kind for any of the parties. The PHOTOGRAPHER will exempt PIC&GO, its employees, directors and owners from any type of liability derived from eventual incidents that may occur during the services required, keeping them harmless from any claim that is formulated in this regard and must submit a civil liability policy that includes PIC&GO as an additional insured.
The non-acceptance of services in more than one requirement within the same period of time of 30 days will empower PIC&GO to block your password and cancel your REGISTER as a qualified PHOTOGRAPHER, without having to pay any compensation. You may request to withdraw from the APP, temporarily or permanently, at any time, even without cause, and you must give notice at least 15 days in advance. The definitive withdrawal, with or without cause, grants PIC&GO the right to reconsider its REGISTRATION at its sole discretion.
For all judicial and/or extrajudicial effects that may derive from the interpretation and/or execution of what is established in this agreement, the parties will submit to the jurisdiction and competence of the Ordinary Courts of the City of Madrid, waiving any other jurisdiction. or jurisdiction that may correspond to them by current laws and for such purposes they set special addresses PIC&GO in … and the PHOTOGRAPHER in which it results from the information REGISTRATION form.