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To enter or use this platform in any way, you must accept the Terms and Conditions (even called “Agreement” or “Contract”)present in this document as well as any changes that Whoosnap may apply in the future. If you do not agree with these Terms and Conditions, do not enter in nor use this service. Whoosnap reserves the right to change these terms without prior notice, but to notify the notice of change of terms. Your continued access or use of the platform constitutes the acceptance of such changes. Please regularly check the link “Terms and Conditions” on the home page of Whoosnap.com to review the current Terms. If you did not respect the Terms and Conditions, you will be prevented from accessing and using the platform.
1. Parts and object of the agreement
1.1. This agreement regulates the contractual relationship between Whoosnap S.r.l, with HQ in Rome, Via Marsala n. 29 H/I and the users who use the Whoosnap application and website whoosnap.com.
1.2. With this agreement, Whoosnap grants the user the right to use the Service.
1.3. The user’s registration and the use of the Mobile and Web Application, are subordinated to the integral and explicit acceptance of the following Terms and Conditions, which constitue a legally binding agreement between Whoosnap and the User in relation to the use of the Mobile and Web Application from this one.
2. Duration of the contract – Termination – Cancellation
2.1. The contract has unlimited duration and remains in force until the withdrawal by the User or Whoosnap which can happen in any moment.
2.2. The registered user can terminate the contract at any time and for any reason by notifying the service by e-mail at firstname.lastname@example.org.
2.3. Whoosnap may terminate at any time the agreement with the user for breach of these terms and conditions, for obvious inability to comply with it, for the intention of not to join it, or where Whoosnap must withdraw by law or by its own activity’s cessation; the resolution by Whoosnap may take place in the following forms:
a) by sending the notice to the email address indicated by the user during the registration process;
b) by closing the user account;
2.4. Upon termination of this Agreement, as a result of the above, all Content, data and user access rights to the Service will be deleted. The content that has already been sold by the user may continue to be used by the buyer.
“Applicant/Buyer”: the user who, in accordance with this Agreement, buy a photo or video content directly from the Whoosnap Marketplace or buy one or plus content received in response to one of his requests.
“Application license”: the license belongs to Whoosnap who can give it to the buyers of the photograph or video.
“Assignment”: the applicant/buyer will decide which photos or videos fulfill his request and will proceed with the transfer of the money previously offered.
“Compensation”: it is the earning (offered in Euro) that the user/seller obtains any time a content he created, spontaneously or in response to a request, is purchased. The remuneration he receives is proportional to its “user level” and can vary from 30% to 50% of the content’s sale price. The remainder will be retained by Whoosnap as a commission for the provided service.
“Marketplace”: It is the Whoosnap’s section dedicated to the sale of photo and video content, spontaneously realized from the users or in response to a request
“Occasional Performance Working”: any provision of self-employment and services provided and/or purely occasional and desultory, made without any relationship of subordination, stability and/or continuity, with full technical and organizational autonomy, with the exception, however, of the Performance Working.
“Platform”: it indicates the Mobile and Web (www.whoosnap.com) Whoosnap application.
“Photo or video”: it is a photograph or a video that was captured instantly by the user with the camera of his device. The pictures or videos produced through the Whoosnap Service are classified as “simple or documentary photographs/videos” according to current copyright legislation. (Please refer to the Italian normative references in articles. 87 et seq. Law 633/41).
“Photographer/Seller”: the user who has received a request by push notification, or simply opening the application and checking requests, and responds to it by taking a photo or recording a video, trying to meet the requirements specified by the prospective buyer. He simply is the user who creates spontaneously photo and video content through the Whoosnap Application.
“Service”: the service provided by Whoosnap allows the user to require photos and videos in real time and/or to respond to these requests by publishing photos or videos. Whoosnap allows the user to create spontaneously photo and video content and to upload it on the platform.
“Service provider”: Whoosnap offers a service that allows to put in contact who capture pictures and record videos with who has the need to request and/or purchase photos or videos.
To allow Whoosnap to provide in the best way its service, all exploitation rights of image, publishing rights, rights of sale, reproduction, and distribution on the photos and videos uploaded on the Whoosnap platform (web or mobile) are transferred to Whoosnap.
“The exclusive rights”: the exclusive rights allow you to use the purchased content without any limitation, being able also to sell it to third parties. Only the author of the request has the chance to buy exclusively a content, and simply and solely if this one has been created through Whoosnap. Once bought, the content will not be insert in the Marketplace and may not be sold to anyone else.
In no other case the exclusive purchase will be available (spontaneous or gallery upload). The pictures or videos can be purchased with the “exclusive rights” for an additional fee, 20 times the amount offered for the request.
“The rights on the photographs”: when a user publishes a picture or a video, he assigns to Whoosnap the exclusive right of use, publication and sale of this content. If the one who buys the photo or video does not also buy the “exclusive rights”, he will have a non-exclusive, non-transferable license to use, reproduce, modify, publish, display the content according to the terms and conditions of this agreement, but can resell this photograph.
“User”: a person who uses the service and that can be a seller and/or a buyer and/or a photographer. A user can be a at least 18 years old person old or a legal entity (for example, corporation, association, etc.). Individuals under 18 years old can use the service with the parental consent.
“User Level”: Levels are thresholds you can reach and that allow the reporter to earn more and obtain particular benefits.
“Watermark”: This term, in computer science, refers to the inclusion of a “watermarking” within a media file or type of, which can later be removed by buying the photo or video.
“Work performance”: Any work performance made individually in favor of an employer or a client or user, not occasional, including services provided under a contract of employment of any type (fixed-term, part.time, intermittent, indefinitely, apprenticeship) of coordinated and continuous collaboration -even at project- and administration work.
4. Whoosnap Registration and requests sending.
4.2. The User is responsible to guarantee that no third party has access to his password, and he is personally responsible for the use of the service with his credentials.
4.3. The User is required to immediatly communicate to Whoosnap any violation of the security and any non-authorized use of his own account he becomes aware of.
4.4 The User must accept these terms before registering. The service can not be used if the terms have not been accepted.
4.5. The User, once registered, can activate the Smartphone’s localization services in order to visualise the photos and videos requests present on the national territory and around him.
4.6. The registered Photographer/Seller user will receive a notification via Application for the requests of photos and videos in its geographical area and, on a voluntary basis, may decide to go to the specified place and realize the demanded content, according to the description. The requests, in fact, will be sent via push notifications to all the people geolocated in the point of interest of the applicant/buyer. Once the content is realized, it will be sent via Whoosnap to the applicant /Buyer who will decide if buy it or not.
4.7. The request must not be contrary to good practice or impair the photographer. Whoosnap can always, at its discretion, remove a request that it considers contrary to good practice or otherwise inappropriate. Anyone can report an inappropriate content or request to Whoosnap, who will promptly evaluate the photo and the eventual elimination of the same, reporting such breach to the User.
5. Rules and Conduct.
5.1. As a condition of use, the User promises to not use the Service for any purpose that is prohibited by these Terms and Conditions. User is responsible for all his activities in connection with the Service. In addition user must comply with all local laws and regulations, of the state, national and international regulations and, if it is a company, any other code on advertising, marketing, privacy and self-regulation in force in the area.
5.2. By way of example, and not as a limitation, the User shall not (and shall not allow any third party to)
(a) undertake any action or
(b) upload, download, post, or otherwise distribute or facilitate distribution of any Content on or through the Service that:
– infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or violates any law or contractual obligation;
– you know it is false, misleading, or inaccurate;
– is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, abusive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Whoosnap in its sole discretion;
– contains viruses or any other computer code, files, bombs or programs that are designed or intended to destroy, delete, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or to damage or obtain ‘unauthorized access to any system, data, password or other information Whoosnap or third parties;
– includes identification documents or sensitive financial information to anyone;
Besides, the user agrees to:
- not using the service for commercial or advertising goals without the expressed authorization from Whoosnap .
- Not picking or spread in any way the other users’ personal data, nor distribute content found through the Whoosnap platform.
- Not elude, disable or interfere in any way with the elements bounded to the App security and the offered services.
Whoosnap has a zero-tolerance policy against child pornography, then disconnect and will report to the competent authorities all users who publish or distribute child pornography.
Whoosnap will proceed in evaluating the content sent by the users in response the the requests, as well as the content spontaneously uploaded by the users. If it may value them, according to its unchallengeable judgment, not compliant with the following Agreement or with the law, it reserves itself. In any moment and in any case, the right to request to the user the cancellation of the content, or to delete them from the Platform, and prevent their publication.
5.3. In reference to the permit to capture images in public places, Rules may change from country to country. Referring to Italian law, if a person is in a public place, you should ask for permission only if the person is into the frame of the photograph. If you are in a private property, as a private house or in a commercial activity, permission to capture images must always be required. To avoid the invasion of privacy, please do not capture images of people in their homes, offices, etc.
5.3.1. The law establishes as a general rule that you can post pictures and videos that represent third parties only if those who are portrayed have previously given to you their consent to publication. This rule (Art. 10 cod. Civ .; art. 96 of Law no. 633/1941) holds for any type of transmission to the public, so even for online publications, including sharing on your own personal social network account.
To this end Whoosnap asks, in order to proceed to the publication, if a person is present in the picture and if you have received the consensus of this person for the publication. If the user responds in an affirmative way to these questions, he becomes the only responsible in case of damages suffered by the portrayed individual after the publication.
The consensus of the person portrayed is not always necessary, as the risks are not always the same for those who publish pictures of others illegally. It is not necessary to ask the consent of the person portrayed in the image or video in the following cases only (Art. 97 of Law no. 633/1941):
- in the event of a person known to the public (eg. A famous actor) or who holds a public office (eg. Political);
- in case the image refers to facts, events or ceremonies of public interest or carried out in public. In this case the picture or video must refered to the public event in general and not a specific people or more (eg. A close-up of a person in the audience).
The law excludes the necessity of consensus even when such publication is connected to purposes normally unrelated to the publisher online, especially on social networks. It is the purpose of justice, police, scientific, cultural or educational.
5.3.2. The exhibition or publication of the other people image is illegal, (and under the effects of Articles 10, 96 and 97 of the Law n. 633 of 22 April 1991 on copyright) not only when it happens without the consensus of the person or in conjunction with other circumstances which exclude the protection of confidentiality, but also when it is liable to cause injury to the honor, reputation or dignity of the person even with the consent of the person or exonerating circumstances.
NOTE: The user agrees to release Whoosnap from liability of any damage caused to other users or to third parties following the publication and/or of their economic exploitation, of images or videos without obtaining their consensus. Whoosnap is not responsible in any way for the images published in the platform without having received the prior consent of the people portrayed into the photo or video. Therefore those who will see their picture published without consent may, before to start a legal action against the photographer who took this picture, to impose the cancellation of the same illegitimate user. If necessary, the user portrayed in the picture may request the cancellation also from the platform on which the image was published, notifying at email@example.com. As evidence of this, the Privacy Act recognizes the right to request at any time the cancellation of their personal data (which include of course the photographs and videos).
6. Whoosnap as a Service Provider to facilitate the sale of photos and videos.
6.1. Whoosnap doesn’t carry out any of administration, promotion or labor intermediation (ex. 4, 5 and 20 of Legislative Decree no. 276/2003 cd. Biagi Law). Whoosnap exclusively facilitates the trade of pictures and allows to put in contact those who capture pictures and record videos, with those who have the need to request and/or purchase photos or videos.
To allow Whoosnap to provide in the best way its service, all exploitation rights of image, publishing rights, rights of sale, reproduction, and distribution on the photos and videos uploaded on the Whoosnap platform (web or mobile) are transferred to Whoosnap.
6.1.1. The user, besides, grants to Whoosnap, even pursuant to and by effect of the art.88 of the L. 633/1941, with the sole publication of photos or other content through the Platform, an exclusive license, free and transferable to third parties (with the right to grant sub-licenses) for the use, the private or public reproduction, the distribution, the economic exploitation of any kind, included the right of editing the content or assembling them with other content. The User agrees, pursuant to and by effect of the art. 96 of the L. 633/1941, prior to the assignment of the right of economic exploitation of the picture or other indicated in the specific section.
6.1.2. The User recognizes and accepts to be the unique responsible of his own photos and videos and of every other content and of their publication’s consequences, and declares to be aware of the fact that Whoosnap isn’t responsible of any eventual consequence bounded to the aforesaid content uploaded by the user.
6.2. Whoosnap receives a variable percentage from 50% to 70% for the provided service. This percentage will be taken away from the offer made by the applicant for the purchase of photos or videos and/or from the price paid for the purchase of a content directly from the Marketplace. For example, if the applicant offers 20 Euros for a particular content, at the moment of the purchase will be transferred to the photographer/ User from 6 to 10€ based on his “user level”. The remaining 14 or 10€ will be the Whoosnap’s commission. All the photos and videos, excepted those purchased with the exclusive license, will be published on the marketplace, subject to Whoosnap’s approval, based on the prices indicated in the specific section of the web site.
All prices present in Whoosnap are exclusive of VAT (if applicable). The VAT rate varies according to the buyer’s residence country:
ITALIAN BUYERS: the expected VAT rate is 22%
EU COUNTRIES BUYERS
- For the Companies and the individuals owning a VAT number the established VAT rate is 0% as provided by the art. 7-ter, comma 1, lett. a of the D.P.R. 633/1972. In accordance with to the European Directive 2006/112/CE, the buyer may be subject to VAT according to the Reverse Charge.
- For the individuals not owning a VAT Number, the expected VAT rate is 22%, since the transaction is subject to the italian tax system.
EXTRA EU COUNTRIES BUYERS: The expected VAT rate is 0% as provided by the art. 7-septies, lett. I of the D.P.R. 633/1972.
NOTE: By providing the service, Whoosnap acts only as a facilitator between the User / photographer and the User / buyer. The photographers (and any other user) can not be considered employees or agents of Whoosnap, or its affiliates (regardless of assignment or the number of photos taken). Neither the user has the right to enter into agreements or act on behalf of Whoosnap or any other party.
7. Whoosnap as certifier of Photographs and video.
7.1. Whoosnap certifies the authenticity of the photo and video content spontaneously created through the Application or realized in response to a request. The gallery upload from your smartphone or any video and photographic equipment isn’t admitted, except on the express will of the applicant. In this case the content will not have the authenticity certification.
7.2. The unalterability and unchangeability of the content is moreover guaranteed thanks to the detection of the following data:
- Specific place in which the photo or video content has been realized;
- Date and hour based on the Universal Time Certificated.
8. Content’s Rights.
8.1. The photographer/seller, at the same time in which he uploads a content on the platform (App and Web), he provides to Whoosnap the exclusive rights of use, reproduction, distribution, publishing and selling of the content. The User accepts that the uploaded content on the Platform may be purchased by third parties and agrees that the photos and videos may be used by the Buyer even for advertising and commercial campaigns. The copyright remains with the photographer.
If the exclusive rights are not purchased, the buyer will have a non-exclusive and non-transferable license to use, reproduce, edit, publish and show the content according to the Terms and Conditions of this contract. He therefore can’t re-sale that content.
8.2. Whoosnap allows the Users to participate to the initiatives promoted by commercial societies through the publication of photos or any other multimedial content, even on his own Facebook prodile or any other social network or on a web site identified from time to time, in the respect of the requirements for any initiative.
8.3. The users agree from now that the content may be published, transferred or shared, even by other Members, on Social Networks to which it is possible to access through the platform, giving up from now to every economic claim and/or compensation if the image is marked by the Whoosnap’s Watermark.
8.4. Who has not bought the “exclusive rights” of the content and resells it to third parties is forced to pay to Whoosnap the 500% of the sale price of the content to compensate the unauthorized sale.
9. Buyer’s Rights.
9.1. The buyer who hasn’t bought the “exclusive rights” of the content will not have the right to resell it. He may only publish and use them with commercial or editorial purposes according to the licenses provided for every single content. Whoosnap guarantees to the User/Buyer who doesn’t buy the “exclusive rights”, a non-exclusive and non-transferable license to use, reproduce, modify, publish, display and distribute the content according to the terms and conditions of this contract.
9.2. For clarity purposes, it should be stated that the content will not be removed from Whoosnap once sold, unless the Purchaser has also bought the “exclusive rights”. These photos will be part of the MarketPlace to give the opportunity to buy them to other users.
10.1. All the photo and video content loaded on the platform will be published with a Watermark to prevent them from being extrapolated eluding the terms and conditions of this Agreement and so that they will be not misused. Even if the user shares the content on a social network, the picture will be marked with a Watermark.
10.2. Only from the moment the user buys the photo he’ll see the image in its original form without any “watermarking”.
11.1. It is the earning (expressed in Euros) that the User/Seller obtains each time a content he created, spontaneously or in response to a request, is purchased. The earning received by the user is proportional to his “user level” and can vary from the 30% to the 50% of the content’s sale price. The remaining will be retained by Whoosnap as a commission for the provided service.
The earnings will be accumulated and made available only after reaching a minimum threshold of 10,00€.
11.2. Through the Application (Web and App) the User, opening the section called “Portfolio”, can check at any time the accumulated credit with the sale of the content. The credit will be collected directly from the app or through the website whoosnap.com, by connecting the PayPal account. For the determination of Net Compensation in the case of an Italian user who has undertaken the performance on the Italian territory, Whoosnap apply a withholding tax of 20%, ex art. 67, paragraph 1 l), Presidential Decree 917/86 and art. 25, paragraph 1, Presidential Decree 600/73. If the User is not of Italian nationality and has carried the performance out of the Italian territory, Whoosnap doesn’t apply any withholding, ex art. 23, paragraph 1 d), Presidential Decree 917/86 and art. 25, paragraph 2, Presidential Decree 600/73.
11.3. The user equipped with an Italian fiscal code, who responds to requests for photos and videos on the Italian territory, will collect the Net Compensation accrued on Italian territory only when the following conditions are met:
a) the User has filled in a special section of the site www.whoosnap.com called “Profile”, in which in particular, he will have to enter his name, surname, address, date and place of birth, social security number and telephone number;
b) The user has declared, clicking on a special button, that the total income from occasional performance received during the calendar year, including the amount indicated and resulting from the sale of content on Whoosnap, does not exceed the limit of EUR 5,000.00 provided from the art. 67, paragraph 1, Presidential Decree 917/1986;
c) that the Net Compensation is equal to or greater than the minimum amount established of EUR 10.00;
11.4. If the User has an Italian fiscal code, realizes his content through Whoosnap on the Italian territory, and already provides a work performance for a public body and should therefore inform his employer about Occasional Performance provided to third parties according to Art. 53 paragraph 11 of the Decree. 165/2001 as amended by Law 190/2012, he shall immediately give notice to Whoosnap Srl at firstname.lastname@example.org also entering the the public body’s email address.
Whoosnap, when informed in advance by the user about the existence of an employment relationship between the User and a Public Administration, will execute the law communications by sending a notice to the Public Authority’s certified e-mail address, containing an indication of the amount of compensation paid to the user in the previous year.
11.5. The user who realizes his content through Whoosnap on a non-Italian territory can collect his Net Compensation matured outside the Italian Territory only when the following conditions are met:
- the user has entered all the payment details and in particular: name, surname, address, date and place of birth, social security number and phone number;
- the Net Compensation is equal to or higher than the established minimum of EUR 10.00;
11.6. The user agrees that, if and as long as the conditions set out in the paragraphs 11.3 and 11.5 don’t occur, the Net Compensation won’t be due and will therefore not be cashed by the User; Moreover, after 12 months since the last operation that has generated a reward to the User total that – along with the other fees previously accrued – remains lower than the minimum set at EUR 10.00, the user’s right to the full amount of the predicted Net Compensation will be considered lapsed and finally gave up and extinguished, with the result that Whoosnap will cancel and reset the credit after having notified it via e-mail.
11.7. If the conditions set out in the paragraphs 11.3 and 11.5 occur (and except as provided in section 4.1 above), the Compensation Net will become due and will therefore be collected by the User; consequently the User may ask Whoosnap to credit the Net Compensation on the PayPal account he previously indicated. Whoosnap, receiving such payment instruction, will credit the funds on the PayPal account within ten working days from the statement. After making the payment, Whoosnap will send a confirmation email to the User.
11.8. Whoosnap, by the 28th of February of each year, will send an email to the User with a statement of the remuneration paid in the the previous tax period.
11.9. Whoosnap does not issue electronic money and does not provide payment services in accordance with the rules in force, relying for that purpose services provided by operators authorized under these rules.
11.10. The User is responsible for the veracity of the information referred the preceding paragraphs and shall immediately inform Whoosnap of any change occurred in the above mentioned information or provide directly, to update, so this information is constantly current, accurate, complete and truthful. In case of the user has provided, or Whoosnap has reason to suspect that he has been provided, false information or false personal data, inaccurate or incomplete, Whoosnap shall have the right to suspend the payment of fees.
11.11. You acknowledge and agree that the costs relating to the commission of transfer of funds will be borne by the User.
11.12. It is expressly excluded any right or power to compensate, in whole or in part, the amounts of the fees due to the User.It is also prohibited to the User to give credit (in whole or in part) to third parties, by factoring, forfaiting, bank discount or otherwise.
12.1. The possible remuneration paid to the seller for content is taxable profit in the majority of countries.
12.2. The seller is required to comply with the taxation of his country. The seller is responsible for ensuring that all payments on account of tax, value added tax (VAT) and other payments are duly remitted in accordance with the applicable legislation.
12.3. With reference to the Italian law the relationship with Whoosnap is configured as “merely occasional performance” and is subject by law to a final withholding tax of 22%.
In order to better assess the situation, we strongly suggest the user to contact one of the many Tax service centers (CAF), or his accountant.
13. Applicant Liability.
13.1. The requests made by you must not be contrary to good practice, morality or impair the photographer. Whoosnap can always, at its discretion, to remove a request that it deems contrary to good practice or otherwise inappropriate. The applicant will be solely responsible for the sending of requests that can be recognized as not appropriate because offensive, provocative and inappropriate and will compete to him compensate any damage caused to other users or to Whoosnap.
14. Photographer/Seller Liability.
14.1. The Photographer is responsible for ensuring he has all the rights for the content he publishes, including its copyright, as specified by the copyright’s law in force in his country, and the right to transfer the rights referred in this Agreement to Whoosnap and the buyer. Otherwise it is to him to indemnify any damage caused to third parties as a result of the “stolen” content and he releases Whoosnap and Buyers from liability of any violation or damage created to third parties, to other Users or to the Buyer.
14.2. Accepting this Agreement the Photographer is aware that answering to the photo and video requests doesn’t automatically involve gaining from such simple publication since in a first moment, only the applicant chooses which content to buy. Only after and if it hasn’t been bought with the exclusive rights, that content will be available to other users and may be purchased directly from the Marketplace. The user is also aware that the spontaneous creation of content and its upload on the platform doesn’t automatically involve a gain. He will receive the compensation only and solely if his content will be bought from the Whoosnap Marketplace.
14.3. The photographer must above all ensure (without limitation) that the published content isn’t unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Whoosnap in its sole discretion.
14.4. The photographer must ensure to Whoosnap and to the buyer that he has obtained the consent of the people present in the content he published. If the consent was not requested, and the image caused damage to the person represented in the photo, the only and sole responsible is the photographer.
14.5. The photographer agrees to keep Whoosnap and the Buyer undamaged from any claims or damages arising from the publication of his content.
15. Buyer’s Liability.
15.1.The Buyer will be responsible for any damage caused to other parties for any use of the content in conflict with the applicable law in his country or breach of this Agreement.
15.2. The buyer who has not purchased the “exclusive rights” of the content can not sell it to third parties.
15.3. The Buyer agrees to use the content in compliance with all the applicable laws of his country, and further agrees to not publish photos and videos of a person in a prejudicial manner to his personal reputation or in violation of his privacy.
15.4. The Buyer agrees to keep Whoosnap and any seller undamaged from any any claims or damages arising from the use of the purchased content.
16. Limitations of Whoosnap’s Liability.
16.1. Whoosnap is not liable to the users neither in respect of contractual liability neither in the case of unlawful act (even if it is a result of negligence); in any case he will not be liable for lost profits, direct or indirect loss of profits or business, nor for any consequential loss or damage, including any destruction of data. Whoosnap is only liable for direct damages intentionally caused or by gross negligence. In no case Whoosnap shall be considered responsible for any indirect, consequential, special or punitive damages or for any injury or damage caused by third parties.
The only Whoosnap’s responsibility is limited to the failure of the fee’s transfer for the purchased content (only if the content can be considered actually sold and chosen by the Buyer) or for the impossibility to download the photos and videos already paid by the Buyer. In such cases it will be up to Whoosnap to pay the fee for the provision to the seller of the content and give back the compensation to the buyer in the case the Service does not allow any chance to clearly see the picture once purchased. Whoosnap may block the use of the user/seller’s account and recover the compensation paid to the seller if the responsibility for the non-use of the service depends on him.
16.2. For clarity purposes it is appropriate to specify that Whoosnap won’t be in any way liable for the damage caused to the User or to third parties as a result of the publication of “stolen” content or images/videos realized without the present people’s consent.
Except in cases of willful misconduct or gross negligence in accordance with law, Whoosnap is not responsible towards the user for the loss (even of goodwill or business reputation) or the damages suffered by him:
(i) for having relied on the completeness, accuracy or existence of any advertising or relationship between the User and any advertiser or sponsor on this platform;
(ii) Following the changes that Whoosnap can bring to the Platform or to the services contained therein, or for permanent or temporary cessation of the same;
(iii) for deletion, corruption or loss of multimedia content and other data stored or transmitted through the Platform;
(iv) for the non-provision by the User to Whoosnap of accurate and truthful information on the account during the registration;
(v) for the non-compliance by the registrated User to keep secret and confidential his account data.
16.3. Whoosnap is not responsible for the content of photos and videos purchasable through the Application. By accepting these terms the user is aware of the fact that he may have to do with photos or videos that contain inaccurate, offensive or immoral information. By accepting these terms, the User gives up on any right or legal remedies to claim any responsibility by Whoosnap in relation to the content of these photos or videos.
16.4. Each User engages to indemnify Whoosnap in relation to any claims, costs (including legal fees), damages, expenses, liabilities and losses, incurred by Whoosnap, deriving from the user’s unauthorized use of any photo or video, from the content of the photos and videos or any other violation of this Agreement’s obligations.
16.5. Whoosnap may transfer or assign this Agreement to any third party without noticing it, without incurring any liability.
16.6. Whoosnap is not responsible for the technical functionality of the service, such as interruptions and breaks in telecommunication, any problem in the data transfer caused by technical defects, maintenance and installation.
16.7. Whoosnap won’t be responsible for the destruction, removal or alteration of any photo or video, and any other damage committed, except as provided in the paragraph 16.1. of this Agreement.
17. Storage and use of customer data.
17.1. Whoosnap record the information given by the user on his own database. The user’s data are collected to allow the application to provide its services and for the following purposes: access to accounts on third services, contact the user, social features, interactions based on the location, registration, authentication and statistic.
17.2. These informations are securely stored and can only be used for certain purposes by Whoosnap.
18.1. Any complaints regarding the content must be submitted via email at email@example.com, within 5 working days from the content download’s date through the Whoosnap’s platform.
19. Autonomy of the parties.
19.1. Whoosnap and its Users, applicants and photographers, act with full autonomy and independence. The provisions of this agreement do not arise among them any relationship of agency, partnership, coordinated and continuous collaboration, intermediation or employment.
19.3. If one of the clauses of this agreement is declared invalid by a competent court , the invalid provision will be removed from the Terms and Conditions without vitiating the remaining provisions to the extent that the law allows.
19.4. In case of violation, from the User, of the present Terms and Conditions and/or of the rules of use of the Platform and/or of the rules established from time to time for the single initiative, Whoosnap reserves itself the faculty (i) of suspending or deleting (ceasing the contractual relationship) the relative account to its unchallengeable and exclusive judgement, with or without noticing it at its total discretion and (ii) of preventing the User from the use of the Platform.
20. Resolution of Disputes.
20.1. This agreement is governed by Italian law. The rules of the Convention on Contracts for the International Sale of Goods (CISG) do not apply to this Agreement.
20.2. All disputes arising out of this agreement, which can not be resolved through mutual negotiations, shall be settled by the Court of Rome.
21. Contrary interpretation.
21.1. Each provision or part of this Agreement shall be construed in any case in its entirety in the proper meaning and not involve a presumption that its terms should be interpreted more narrowly against one Party, for example, based on the rule of interpretation according to which a document must be interpreted more strictly against the party who prepared the same, with the understanding that the parties have decided on their own to accept this Agreement without any constraint.
Specifically this contract approves pursuant to art. 1341 of the Civil Code, the following items: 2 (Contract Duration – Resolution- Withdrawal), 5 (Rules and Conduct), 6 (Whoosnap as Service Provider to facilitate the sale of photos and videos), 8 (Photos’ Rights), 11 (Compensation), 13 (Applicant Liability), 14 (Photographer/Seller Liability), 15 (Buyer Liability), 16 (Whoosnap Liability), 18 (Complaints), 19 (Autonomy of the parties), 20 (Resolution of Disputes), 21 (Contrary interpretation).
THIS AGREEMENT WAS ORIGINALLY ISSUED IN ITALIAN AND SUBSEQUENTLY TRANSLATED INTO OTHER LANGUAGES. THE FIDELITY OF TRANSLATIONS CAN NOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE VERSION IN ITALIAN LANGUAGE AND THAT IN OTHER LANGUAGE, THE ITALIAN VERSION WILL TAKE PRECEDENCE.
Terms and Conditions - 07/2016