Last Updated : August 12, 2024
1. Introduction
These Terms of Use (hereinafter, these “Terms”) are a legal agreement between Joana Manuel Dos Santos Jorge (hereinafter, “Joana Santos”, “the photographer”, “the service provider”, “us”, or “we”), operating in Portugal, and you (hereinafter, “the user”, “the customer”, “the client”), collectively referred to as the "Parties". These Terms govern your use of the website www.joana-santos-commercial-photographer.com (hereinafter, the “Website”).
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other applicable laws and regulations. If you do not agree to these Terms, please do not use the Website.
2. Use of the Website
You agree to use the Website in compliance with all applicable laws and regulations. You are prohibited from using the Website for any unlawful purpose or engaging in any activity that could harm the Website, its users, or its content. Prohibited activities include, but are not limited to:
- Spamming
- Hacking
- Uploading malicious content
Use of Forms
The Website includes various forms intended for legitimate applications to join our network of trusted collaborators. These forms are designed specifically for inquiries related to job opportunities, partnerships, and professional engagements.
Prohibited Uses of Forms:
- Submitting unsolicited or spam messages through these forms.
- Using the forms for purposes other than those explicitly intended.
- Submitting proposals for services or unsolicited offers via these forms.
We do not respond to unsolicited messages or proposals and reserve the right to block or ignore any submissions that do not meet the intended use of the forms.
Additionally, the contact form intended for clients to start a project should not be used for unsolicited service proposals or spam. Messages that do not align with this purpose will not be addressed.
3. Intellectual Property
All content on the Website, including but not limited to images, text, graphics, logos, and videos, is the exclusive property of Joana Santos or other copyright holders and is protected by copyright, trademark, and other intellectual property laws. This includes photographs of products, people, locations, and other subjects, which may also be protected by intellectual property rights owned by third parties.
Unauthorized Use:
1. Prohibition on Reproduction and Distribution: You may not reproduce, distribute, or otherwise use any content from the Website without prior written consent from the content owner, whether Joana Santos or another copyright holder. This applies to all content, including images and other materials that may be protected by intellectual property rights.
2. Enforcement: Unauthorized use or theft of copyrighted content will result in legal action, which may include takedown notices and claims for licensing fees. Joana Santos monitors for unauthorized use of copyrighted content through services which has legal resources to enforce intellectual property rights.
By using the Website, you agree to respect the intellectual property rights associated with the content and understand that any violation may result in legal action and financial liability.
4. Use of Email Addresses
The Website may display email addresses for contact purposes and legal reasons. These email addresses are provided to facilitate legitimate communication and inquiries related to the Website's services.
Prohibited Uses:
1. No Unauthorized Use: You are expressly prohibited from using these email addresses for unsolicited commercial communication, marketing, or prospecting without the explicit consent of the email owner. Any such use is a violation of these Terms and applicable data protection laws.
2. Consent Requirement: Any use of the provided email addresses for marketing or commercial purposes requires prior written consent from the email owner. Unauthorized use of these addresses for such purposes will be treated as a breach of these Terms and the General Data Protection Regulation (GDPR).
Enforcement and Reporting:
1. Reporting Misuse: If we become aware that the email addresses displayed on the Website are being used for unauthorized purposes, such as spam or phishing, we will take appropriate action. This includes reporting the misuse to relevant authorities and taking legal measures to protect our rights and the privacy of our users.
2. Legal Action: Unauthorized use of email addresses will be reported to the appropriate authorities and may result in legal action to enforce our rights and ensure compliance with data protection regulations.
By using the Website, you acknowledge and agree to these terms regarding the use of email addresses. Any violation may result in legal consequences and/or reporting to authorities.
5. Accessibility and Availability
The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure, technical difficulties, or maintenance. We reserve the right to interrupt access to the Website for maintenance purposes and will make reasonable efforts to inform users in advance of such interruptions.
6. Third-Party Services
This Website is hosted on Adobe Portfolio. By using this Website, you also agree to Adobe Portfolio's Terms of Use. Please review these terms carefully, as they govern your use of the hosting platform and related services.
7. Privacy and Data Protection
Your personal data is collected and processed in accordance with the General Data Protection Regulation (GDPR). For more detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.
User Rights under GDPR :
As a user, you have the following rights under the GDPR:
- Right of Access: You have the right to request access to the personal data we hold about you.
- Right to Rectification: You can request that we correct any inaccurate or incomplete data.
- Right to Erasure: You may request the deletion of your personal data under certain conditions.
- Right to Restrict Processing: You can request the restriction of processing of your data under certain conditions.
- Right to Data Portability: You can request a copy of your data in a structured, commonly used format.
- Right to Object: You have the right to object to the processing of your data for specific purposes.
To exercise any of these rights, please refer to our Privacy Policy, where you will find detailed information on how to submit your request. We will respond to your request in accordance with the GDPR.
8. Limitation of Liability
We are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Website. This includes, but is not limited to, any errors, omissions, or interruptions in service, or any loss of data or profits.
9. Links to Third-Party Websites
The Website may contain links to third-party websites for your convenience. We do not endorse or assume any responsibility for the content, privacy practices, or services offered by these third-party sites. Accessing third-party websites is at your own risk.
10. Indemnification
You agree to indemnify and hold harmless Joana Santos from any claims, damages, or expenses (including legal fees) arising out of your use of the Website or violation of these Terms.
11. Modifications to the Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website after any changes to the Terms constitutes your acceptance of the new terms. It is your responsibility to review these Terms regularly.
12. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Portugal, in Europe. Any disputes arising out of or related to the use of the Website shall be subject to the exclusive jurisdiction of the courts located in Portugal.
13. Do Not Sell or Share My Personal Information
If you wish to exercise your rights regarding the sale or sharing of your personal information, please visit Do Not Sell or Share My Personal Information.
14. Complaints
If you believe that your rights under the GDPR have been violated, you have the right to lodge a complaint with the relevant supervisory authority in your country of residence.
For users in Portugal, you may also submit a complaint through the "Livro de Reclamações" (Complaint Book), which is available online at Livro de Reclamações.