Terms of Use

FOTOGRAFISKA TERMS OF USE

The following terms describe your rights and obligations when using the Fotografiska Site. By entering the Site, you agree to be legally bound by all of the following terms, whether or not you are a registered or paid user. Please read all terms before accessing our site. If you do not wish to be bound by these Terms, do not use the Site. The right to access and use the Site is not transferable to any person or entity.

These terms are subject to change at any time without notice. We publish the most up-to-date terms and conditions on our website with the date they were updated. All new Terms are effective from the date of publication. By continuing to use our site after the terms have changed, you agree to the new terms. Please visit this page regularly to stay informed of any changes to the Terms.

Online Privacy Statement

If you would like to learn more about our data privacy practices, please visit our Privacy Policy, which describes our data collection policies, privacy measures, and processing of personal information about Site users. Our Site is not intended for use or access by persons under the age of 13 (13).

Copyright - Use of Content

Access to and use of the text, artwork, photographs, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files and other content on this site (collectively the “Materials”) are protected by copyright, trademark and other laws and may be subject to other restrictions. Fotografiska and the relevant third parties own or have acquired all rights in the Materials and Site Materials.

Fotografiska expressly prohibits the copying and distribution of any protected material on the Site. Fair use of copyrighted material includes using copyrighted material for non-commercial educational purposes such as teaching, scholarship, research, criticism, commentary, and news reporting, as long as you do not exceed the permitted purpose and do not impede an established market for licensing the material. Unless otherwise noted, users who wish to download or print any text or image files from the Site for such use are welcome to do so without the express permission of Fotografiska. Users must cite the author and source of this material as they would any printed work of the material; the citation should include the URL https://tallinn.fotografisak.com) but not in any way that implies user endorsement or use of the material. Fair use analysis depends on individual facts. By downloading, printing or otherwise using content from the site, users agree that they limit their use of protected M aterials to fair use, do not infringe the proprietary rights of Fotografiska or any other person, and are solely responsible for infringement.

Users may not remove any copyright, trademark or other proprietary notices, including without limitation any ownership, credit or copyright notices, that Fotografiska has placed on or near the Materials. Downloading, printing, copying, distribution or other use of the materials for any commercial purpose, including commercial publication or personal use, is expressly prohibited.

Trademarks

Many of the trademarks, service marks and logos displayed on this Site are owned by Fotografiska and third parties, whether registered or unregistered (collectively, the “Trademarks”). Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on the Site without the express written permission of Fotografiska or any third party that may own any trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as permitted by these Terms, is strictly prohibited. You agree not to use Fotografiska's name or trademarks in any manner, including advertising and promotional materials, that may create confusion as to whether we are the source, sponsor, endorser or affiliate of any product or service. You also agree not to use Fotografiska's name or any trademarks to misrepresent the relationship between you and us. In addition, you may not use our T Track Marks in any manner that disparages or discredits us or infringes or violates our rights.

Digital Millennium Copyright Act

Fotografiska is committed to complying with the laws and requires all users of the site to comply with those laws. Owners of copyrighted works who believe that their rights under Estonian copyright laws have been infringed may use certain provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringement. The copyright owner of any content should immediately contact Fotografiska to report infringement by notifying Fotografiska's designated representative as required by 17 USC § 512 of the DMCA. Please contact us at info.tallinn@fotografiska.com and include in your correspondence:

• Copyrighted works or works that you believe have been infringed
• Content that you claim infringes your work
• Contact information, including email address and phone number
• a full statement explaining that the material has been used without the permission of the copyright owner or an authorized representative of the copyright owner
• a complete statement that all information provided is accurate and complete, and that you, as the complainant, have the right to act on behalf of copyright in relation to DMCA claims

Product presentation of the store

Fotografiska does not warrant that any information, including product descriptions, promotions and product availability, is correct, complete, up-to-date or free of typographical errors. All typographical errors, inaccuracies and omissions are subject to correction.

Fotografiska makes every effort to represent the colors of the products as accurately as possible. The display of colors depends on the user's specific monitor settings; Fotografiska cannot guarantee that the colors displayed on a person's monitor will be correct.

Purchase from the site

Fotografiska has the right to refuse, limit or cancel orders placed on the site. Errors in pricing or description are subject to correction and may be corrected at any time. Errors in order processing must also be corrected. To purchase on the site, the user must be at least 18 years old.

Links to other websites

The Site contains links to other websites that we think may be of interest to you. We have no control over these other sites or their content. Please note that if you link to another site, that other site is governed by its user agreement and privacy statement, which you should be sure to read. Fotografiska has not reviewed all of the sites linked to the Site and is not responsible for the content of any linked site. If you use a link to visit another site, you do so at your own risk. A link does not mean that Fotografiska endorses or is affiliated with the linked site.

User Content

From time to time, Fotografiska may invite you to send messages, comment publicly, leave feedback and reviews, and post other content on the Site. You remain the sole owner of the intellectual property rights in the postings. You are responsible for all content that you share through our site.

User Code of Conduct

You agree to follow the guidelines listed in these terms of the Site. Fotografiska may, in its sole discretion, determine whether your content violates these rules of conduct. You are responsible for all content posted on our site and you represent that you have the permission of all copyright or trademark owners to post copyrighted or trademarked material. You may not post content that is intentionally rude, degrading, defamatory or otherwise offensive. You may not post other users' identifying information, access another user's account without permission. You may not share your account information with any unregistered or unauthorized user. You may not advertise or solicit business on our site. You may not post references that contain viruses, Trojan horses, worms, or other pieces of code designed and intended to harm others, work with other devices, or be used for malicious purposes. Fotografiska has the right, but not the obligation, to check, monitor, review, edit, remove, refuse or delete content for any reason.

Security

By creating accounts and passwords on the Site, users agree to maintain the confidentiality of their login information and are responsible for limiting access to their personal computer and mobile devices. The user agrees to use the site only for lawful purposes and not to engage in any activity that threatens the security of the site or damages the site and its content. Fotografiska uses commercially reasonable efforts to ensure the security of our site and your information. However, no website or service is completely secure. For more information about how we protect your information, please read our Privacy Policy.

Site Termination and Modification

We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including for your breach of any provision of the Terms. The Limitation of Liability, Indemnity and Governing Law clauses in these Terms shall survive such termination.

General conditions

Severability and Waiver

If a court or other authority of competent jurisdiction finds any provision of these Terms or any part thereof to be invalid or unenforceable, such provision will be enforced to the maximum extent permitted to affect the original intent, and the remainder of the Terms will continue in full force and effect.

Waiver of Fotografiska's breach of any provision of the Terms shall not operate as a waiver of any other or subsequent breach.

Whole agreement

You agree that these Terms constitute the entire agreement and understanding between you and Fotografiska with respect to your use of the Site.