TERMS AND CONDITIONS

Welcome to PhotoLog!

I. PRELIMINARY INFORMATION

1.1 PhotoLog is a service and/ or web product consisting of a a private photo cloud storage platform, which provides access to and storage of pictures, but does not process the pictures, owned and operated by GLITCH MEDIA SRL (hereinafter referred to as “GLITCH MEDIA”), a limited liability company legally registered and validly operating under the laws of Romania, with its registered office in Cluj-Napoca, 17 Observatorului Street, Ap. 57, Cluj County, registered at the Trade Register under No. J12/2791/10.09.2013, Unique Registration Code: 32226333.

1.2. These Terms and Conditions (hereinafter referred to as “this Document”, “Agreement” or “Terms and Conditions”) govern your use of the PhotoLog website located at PhotoLog.cloud (hereinafter referred to as the “Website”) together with its content and the PhotoLog services and/ or products (hereinafter referred to as “Services and/ or Products”). This document is a legal agreement - a contract between you and us. Please also read our Privacy Policy (privacy-policy) and Cookie Policy (cookie-policy) before browsing the Website, using the Services and/ or Products and/ or placing an order.

1.3. USING THE WEBSITE (INCLUDING ITS CONTENT) AND / OR ITS PRODUCTS AND / OR SERVICES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE POLICIES INDICATED ABOVE, PLEASE DO NOT USE THE WEBSITE, RESPECTIVELY THE PhotoLog PRODUCTS AND/ OR SERVICES.

II. DEFINITIONS

2.1. Any reference in these Terms and Conditions to “You” or “User” refers to you, the user of the Website and its content, respectively of Services and/ or Products and “Yours” will be interpreted accordingly. Moreover, “We” and “GLITCH MEDIA” refer to GLITCH MEDIA SRL, and “Ours” and “GLITCH MEDIA” will be interpreted accordingly.

2.2. “User Data” refers to your personal data, which may be collected by Us on Our Website and / or in the process of registering and / or purchasing Services and/ or Products. “Our Website” refers to the PhotoLog website and all pages associated with it. “Third party” refers to any natural or legal person / entity / company that is not associated with GLITCH MEDIA.

2.3. The PhotoLog platform includes PhotoLog.cloud respectively all the subsequent domains of PhotoLog including but not limited to idp.photolog.cloud; portal.photolog.cloud; billing.photolog.cloud .

III. THE PRESENT DOCUMENT. OBLIGATIVITY. CONTACT

3.1. These Terms and Conditions are set between Us (GLITCH MEDIA) and You (Users). No other person has the right to benefit from, invoke or avail themselves of this Document.

3.2. Mandatory. Both this Document and all policies to which it refers (e.g. Privacy Policy and Cookie Policy) are binding on you. By browsing Our Website, using Our Services and/ or Products or placing an order, you agree to abide by this Document and the policies indicated.

3.3. Changes and updates. We reserve the right to change these Terms and Conditions at any time without notice. With respect to orders and use by you of the Services and/ or Products, including the Website and its content, the Terms and Conditions that are in force at the time of placing the order and use will apply to them. By accessing our Website you will find the latest version of the Terms and Conditions. Please read the Terms and Conditions each time you access or use our Website! Your use of the Website following the modification of these Terms and Conditions, constitutes your acceptance of the amended Terms and Conditions.

3.4. We cannot guarantee that any Services and/ or Products that have been included or presented at any time on our Website will be available at any time. We reserve the right to terminate the marketing or provision of a service and / or product at any time.

3.5. These Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter of any Agreement and supersedes any other agreement, any other prior verbal or written agreement between you and us.

3.6. The Agreement concluded between you and us is mandatory. You may not transfer, assign, strike or otherwise alienate this Agreement or any of your rights or obligations arising from it, without our prior written consent. We may transfer, assign, strike, subcontract or otherwise dispose of this Agreement or any of our rights or obligations under it.

3.7. If a court or regulatory authority decides that any provision of these Terms and Conditions is invalid or unenforceable, that provision will be revoked and removed from the Terms and Conditions, and the remaining provisions will continue to exist and take effect, in full legal power.

3.8. Contact. For any questions or ambiguities, you can contact us with confidence at the following address: contact@glitch.ro

IV. ELIGIBILITY

4.1. Our Website and its content, respectively Our Services and/ or Products are available to you if: (1) you have over 18 and/ or full capacity to exercise your rights and obligations; (2) you agree to these Terms and Conditions and the aforementioned Policies; and (3) you provide real, complete and up-to-date contact information. Proof of compliance with these criteria may be required when accessing all or some of Our Services and/ or Products in the form of identification or contact details.

V. INFORMATION ABOUT PERSONAL DATA

5.1. Our Website processes personal data provided by you or collected from other sources, as we have described in detail in the Privacy Policy, in accordance with national and European legislation on the protection of personal data and the free movement of such data.

5.2. By visiting, browsing and / or using the Website, placing orders or interacting with us by any method and/ or any means of remote communication, you agree to the processing of your data, personal information, as described in the Privacy Policy.

5.3. You also declare that all personal data and information transmitted to us are real, accurate, complete and up to date. To the extent that the data does not belong to you, you declare that you have obtained the prior written consent of the data subject, whose data you transmit to us or that you transmit the data based on another legal basis, in accordance with Regulation (EU) 679/2016.

5.4. We may collect information through cookies or other similar technologies, such as IP address, browser or device. If you would like more information, we encourage you to access and browse our Cookie Policy.

5.5. If through Our Services and/ or Products you process personal data of individuals, as a controller of personal data or as a person authorized by the controller with respect to personal data, you agree to abide by the existing rules in the laws governing the processing of personal data and, where applicable, the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on free movement of these data and repealing Directive 95/46 / EC (General Data Protection Regulation).

VI. YOUR CONSENT FOR THE USE OF DISTANCE COMMUNICATION

6.1. By these Terms and Conditions you give us your consent to use methods of distance communication during the conclusion, conduct, modification or, as the case may be, termination of this Agreement. The costs incurred by the User for the use of distance communication methods (such as the cost of connection to internet services, the costs of telephone services etc.) are borne by the User.

VII. CONDITIONS REGARDING THE USE OF OUR WEBSITE

7.1. By accessing, visiting, browsing, placing an order or carrying out any other activity on our Website and/ or, as the case may be, in connection with Our Services and/ or Products, you undertake to comply with the following obligations:

a) You will use this Website exclusively for making legitimate orders or for information;

b) You will not place any false or fraudulent order, otherwise we reserve the right to cancel the order and inform the competent authorities or, as the case may be, to go to court to repair any damage caused;

c) You will provide real, accurate, complete and up-to-date information;

d) You will respect the intellectual property rights regarding any element found on our Website;

e) You will not take any action that could cause any damage to our Website, otherwise we will reserve the right to go to court to repair any damage caused.

7.2. Consequences.We reserve the right to block the access of any User who violates the above obligations, to cancel orders, to notify the competent authorities for civil / criminal liability in case of any illegal, prejudicial acts and to contact the courts for reparation. in full of any damages that may be caused to us in the event, present or future, including in order to obtain unrealized benefits, as well as to recover the related court costs (including, but not limited to attorneys' fees).

VIII. CONCLUSION OF THIS DOCUMENT

8.1. Date of conclusion of the Contract. The Terms and Conditions between you and us are concluded and enter into force, as the case may be, at the time of signing, sending the confirmation / acceptance of the order or delivery of the Services and/ or Products ordered by you and shall remain in effect until its termination for any of the reasons set forth in this Agreement.

8.2. Protection. To the extent that we will not accept the order, but your money has been withdrawn, we will proceed to refund these amounts as soon as possible. The Terms and Conditions do not constitute, within the meaning of civil law, an offer, but an invitation to tender.

8.3. The decision is ours. We reserve the right to decide, unilaterally and without specifying the reason, whether or not to conclude an Agreement. We will not be liable to you in the event that we refuse to fulfill an order.

IX. AVAILABILITY OF SERVICES AND / OR PRODUCTS

9.1. We cannot guarantee that the Services and/ or Products mentioned at any time on our Website will be available at any time to be provided for your benefit or for purchase. We will not be liable to you in the event that a Service and/ or Product is no longer found on our Website.

9.2. Although we will try to keep the information on Our Services and/ or Products updated in real time on our Website, we cannot guarantee that this information will be updated at any time.

9.3. Guarantees. To the extent that Our Services and/ or Products are unavailable, but you have already placed your order, we will inform you about the unavailability of these Services and/ or Products and we will recommend similar Services and/ or Products, at equal or close value, that we can provide for your benefit or which can be ordered. If you do not want to order the services and / or similar products recommended by us, we will cancel the order, and if you have already paid the price of the Services and/ or Products, we will return the money as soon as possible.

X. PRICE OF SERVICES AND / OR PRODUCTS. BILLING. THE PAYMENT

10.1. Services and/ or Products can be paid with card, via Stripe and all the other payment methods accepted by Stripe, offered to the User during the purchase process and before the completion of the order.We do not accept payments via bank tranfers.

10.2. Cancellation of said paid services and/or products are done via the online platform (https://portal.photolog.cloud) or by [email protected] .

Note: You are responsible for entering the correct information on the payment request. Please make sure that all fields are filled in and that all data provided is correct. GLITCH MEDIA is not responsible for rejected requests due to incorrect or insufficient data of the User.

10.3. Payment processing. If you opt for online payment by card or, as the case may be, via Stripe and all the other payment methods accepted by Stripe, we will not store any data regarding your card.

10.4. If you choose to pay by card, the issuing institution will validate and authorize the payment. If the transaction is not processed for reasons independent of us (i.e. non-existent funds on the card, expired card), the Agreement is not concluded and we will have no obligation to give access to/ deliver the Services and/ or Products, but you can select another payment method or try processing your payment again with a valid card.

10.5. Recurring payments (automatic renewals). If you use your card or Stripe and all the other payment methods accepted by Stripe to make a purchase, the purchased services and / or products may be automatically renewed. The renewal frequency can be monthly or annual, depending on the type of payment chosen. In the case of annual renewals, the amount is debited before the package expires.

10.6. Automatic renewal can be cancelled at any time by sending an e-mail to: [email protected], providing clear written notice of such request or via the online platform (https://portal.photolog.cloud). Until you cancel automatic renewal, you authorize GLITCH MEDIA or the payment method provider of your choice of Services and/ or Products to withdraw payments for Services and/ or Products from your card or account.

XI. ACCEPTABLE USE

11.1. "Acceptable use" of the Website and its content, respectively of the Services and/ or Products is defined in clauses 12.2 to 12.10. Activities that are against or otherwise prohibited by these clauses are therefore contrary to the provisions of these Terms and Conditions and may result in legal action and termination of the provision or provision to you of PhotoLog services and/ or products.

11.2. Content. As a PhotoLog User you agree not to post or distribute through the Website no material defamatory, threatening, harmful or of any other illicit nature or contrary to good morals. Also, materials that violate or infringe in any way Our rights or the rights of others (including, but not limited to intellectual property rights, privacy rights etc.) are strictly prohibited, as are activities that may cause harm or nuisances to Us or others. Moreover, you will not express vulgar, brutal, sexist, racist or offensive opinions in any other way. We encourage Users to behave respectfully and politely with each other.

11.3. Content ownership. You will not post or make available through PhotoLog materials that you do not own, without the express consent of the rightful owner of the materials in question.

11.4. Participation in events. You will be subject to the rules of any competition, promotions or marketing campaigns you participate in on our Website and / or which are related to PhotoLog services and / or products.

11.5. Interferences. You will not engage in any type of behavior or action that may affect the operation or security of Our Website and you will not cause unreasonable inconvenience or disruption to Our staff.

11.6. Identity. You will not act as a person / entity and / or misrepresent your affiliation with a person / entity.

11.7. SPAM. You will not promote Our Website by sending SPAM messages (e-mails sent to accounts without prior agreement with the account owner). You will not use our e-mails to send SPAM messages.

11.8. Robot software. You will not use robotic software (or other non-PhotoLog software) to create new PhotoLog websites, nor to access and modify PhotoLog.  Although, using the publicly provided Application Programing Interface (API) is allowed, we reserve our right to restrict, limit and / or change it without any prior notice.

11.9. Alternative solutions. You will not use alternative solutions of any kind to overcome the limitations of any services and / or products, packages / subscriptions, functions or PhotoLog solutions.

11.10. Please have in mind that: you are responsible for your use of the Website and Services and/ or Products, and for any use of the Website or Services and/ or Products made using your account. Our goal is to create a positive and safe experience for all of our users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to PhotoLog. When you use the Website or Services and/ or Products, you may not and agree that you will not:

a) violate any law or regulation;

b) violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;

c) use Our Website or Services and/ or Products to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others without their permission;

d) transmit anything that is illegal, abusive, defamatory, harassing, harmful to reputation, , hateful, racist, or otherwise objectionable;

e) send unsolicited or unauthorized advertising or commercial communications, such as spam;

f) stalk, harass, or harm another individual;

g) impersonate or misrepresent your affiliation with someone else;

h) use any means to “scrape”, “crawl” or “spider” any web pages contained in the Website (although Glitch Media may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of such materials, and Glitch Media reserves the right to revoke these capabilities either generally or in specific cases);

i) use automated methods to use the Website or Services and/ or Products in a manner that sends more requests to the PhotoLog servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;

j) interfere with or damage our Website or Services and/ or Products, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

k) use, display, mirror or frame the Website or any individual element within the Website or Services and/ or Products, PhotoLog’s name, any PhotoLog trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without PhotoLog’s express written consent;

l) access, tamper with, or use non-public areas of the Website or Services and/ or Products, PhotoLog’s computer systems, or the technical delivery systems of PhotoLog’s providers;

m) attempt to probe, scan, or test the vulnerability of any PhotoLog system or network or breach any security or authentication measures;

n) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PhotoLog or any of PhotoLog’s providers or any other third party (including another user) to protect the Website or Services and/ or Products;

o) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or Services and/ or Products, except to the limited extent as may be allowed by the applicable law; or advocate, encourage, or assist any third party in doing any of the foregoing;

p) circumvent storage limits;

q) sell or resell any of the PhotoLog Services and/ or Products unless specifically authorized to do so.

11.11. GLITCH MEDIA will have the right to investigate and prosecute breaches of any of the above to the fullest extent of the law. GLITCH MEDIA may involve and cooperate with law enforcement authorities in prosecuting users who breach these Terms and Conditions. You acknowledge that GLITCH MEDIA has no obligation to monitor your access to or use of the or to review or edit any User content, but has the right to do so for the purpose of operating the Website or Services and/ or Products, to ensure your compliance with these Terms and Conditions, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. GLITCH MEDIA reserves the right, at any time and without prior notice, to remove or disable access to any PhotoLog content that GLITCH MEDIA, at its sole discretion, considers as objectionable for any reason, in violation of these Terms and Conditions or otherwise harmful to the Website or Services and/ or Products.

11.12. Once you delete a file from your PhotoLog account, it will be permanently deleted with no grace period. We are not responsible for deleted content.

XII. INTELECTUAL PROPERTY

12.1. All materials and content elements copyrighted or protected by other intellectual property rights, offered as part or whole of Our Website, represent the intellectual property of GLITCH MEDIA SRL and remain Ours or Our licensees’.

12.2. Users of Our Website do not have the right to download, modify in whole or in part the Website, reproduce in part or in full the Website, copy, distribute, sell or exploit the Website in any manner contrary to the interests of GLITCH MEDIA SRL, nor to assist / facilitate any third party in actions such as those mentioned above, whether or not there is a commercial purpose. Moreover, if you find out about such distributions or commercial operations, you agree to notify us immediately.

12.3. Any content (including, but not limited to databases, graphics, trademarks, content) is the intellectual property of GLITCH MEDIA SRL. Our entire Website is protected by Law no. 8/1996 on copyright and related rights, and for any infringement of intellectual property rights we reserve the right to refer to the courts competent for full recovery of the damage, as well as to file a criminal complaint to the competent judicial bodies in the view to criminal prosecution of the perpetrator.

12.4. What You License to PhotoLog. When you use Our Services and/ or Products, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for us to make your photos available to you and your invitees, as well as to use images to offer you our special variety of online services, we need the rights to make use of all content on the Services and/ or Products (in accordance with and subject to these Terms and Conditions, of course). Accordingly, as a condition of use, you hereby grant PhotoLog a universal, nonexclusive right to access and storage any content transmitted or provided to the PhotoLog services and/ or products by you, solely for the purpose of providing the PhotoLog services and/ or products. You remain the owner of all content that you submit to the PhotoLog services and/ or products and as a condition of use, you represent and warrant to PhotoLog that you are the owner of the copyright to content you submit to the PhotoLog services and/ or products or that you have written permission from the copyright owner to submit such content.

12.5. Copyright Protection for Content on the PhotoLog Services and/ or Products. All the information, content, image files, software and materials offered by Our Services and/ or Products are protected by Romanian and international copyright laws and by other applicable laws. You understand that PhotoLog is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the PhotoLog platform. Glitch Media has the absolute right to terminate your account or exclude you from the Website if you use the Services and/ or Products to violate the intellectual property rights of third parties.

XIII. CONDUCT

13.1. We are committed to ensuring that Our Services and/ or Products remains an organized and safe place to store photos. Users are encouraged to use the PhotoLog services and/ or products to upload and organize photo information without limitation. To this end, we require that every User of Our Services and/ or Products agrees not to use these Services and/ or Products to post, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of content:

a) Content we believe is abusive, deceptive, defamatory, slanderous, offensive, or otherwise inappropriate.

b) Copyrighted material that is used without the express permission of the owner.

c) Content that violates or encroaches on the rights of others.

d) Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the PhotoLog Services and/ or Products.

e) Content that advocates illegal activity.

f) Content that harms minors in any way.

g) Any links to the above.

13.2. Notwithstanding the above, when you access the Website and/or use the Services and/ or Products, you acknowledge and agree that all content (whether private or public) that is posted and stored on the Website is the sole responsibility of the person who submitted it for posting and/ or storage. In other words, you are responsible for any content that you submit and share. Moreover, you understand that by viewing the Website, you may be exposed to content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that PhotoLog in no way guarantees the accuracy, quality or appropriateness of content available on the Website and/ or PhotoLog. In no event shall GLITCH MEDIA SRL (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any content made available on or through the PhotoLog Services and/ or Products, including (without limitation) errors or omissions in such content, and loss or damages incurred as a result of use of such content.

XIV. TERMINATION / MODIFICATION OF THIS DOCUMENT

14.1. You agree and acknowledge that GLITCH MEDIA, in its sole discretion, may terminate your account (or any part thereof) or use of the PhotoLog services and/ or products, and remove and discard any content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Services and/ or Products, at any time, without notice, for any reason, including, but not limited to:

a) Conduct violating these Terms and Conditions or other policies or guidelines set forth by GLITCH MEDIA elsewhere on the Website;

b) Conduct that GLITCH MEDIA believes is harmful to other PhotoLog Users or other third party information providers; and

c) Conduct that violates the letter or spirit of these Terms and Conditions.

14.2. Further, you agree that GLITCH MEDIA shall not be liable to you or any third-party for any termination of your access to the PhotoLog services and/ or products.

XV. INTERRUPTION / TERMINATION OF SERVICES

15.1. We reserve the right to immediately terminate or suspend our Services to you indefinitely, if you violate or have reasonable cause to believe that you will be violating these Terms and Conditions. We will also cease Our Services to you, at our discretion, if you engage in practices that we consider unacceptable. The decision to take such actions (including, but not limited to the interruption of all services) is at the discretion of GLITCH MEDIA and may be made without giving reasons for the decision.

XVI. PRIVACY

16.1. The User undertakes and guarantees to maintain the confidentiality of the Confidential Information, to prevent its disclosure to third parties and not to use it for purposes other than those provided for in this Agreement, except those previously authorized in writing by GLITCH MEDIA and subject to the Terms and Conditions imposed by it.

16.2. Confidential information may be made available either in writing, visually or electronically legible, including by fax or other electronic means of transmission or orally, and may be marked as confidential or not.

16.3. The User will not disclose to any third party the Confidential Information received from GLITCH MEDIA, except for the Services and / or Products purchased and only under the conditions shown by these Terms and Conditions and unless required by applicable law. In the event that the User discloses the Confidential Information to another person (public or private) without a legitimate interest, GLITCH MEDIA reserves the right to sue the User to cover any damages that may result from such disclosure.

XVII. LIMITATION OF LIABILITY

17.1. WE ARE NOT LIABLE FOR DAMAGES SUFFERED BY USERS OR THIRD PARTIES OR THEIR HARDWARE, WHICH MAY OCCUR DIRECTLY, INDIRECTLY OR ACCIDENTALLY AS A RESULT OF THE MATERIAL OR IN CONNECTION WITH THE USE OF OUR SERVICES AND/ OUR PRODUCTS, INCLUDING DOWNLOADING MATERIAL THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR DAMAGES SUFFERED BY USERS OR THIRD PARTIES AS A RESULT OF INABILITY TO USE OUR SERVICES AND / OR PRODUCTS AND / OR OUR WEBSITE DIRECTLY, INDIRECTLY OR IN CONNECTION WITH THIS EVENT. THEREFORE, THE USE OF THE SERVICES IS MADE AT YOUR OWN DISCRETION AND RISK AND YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DEVICE WHICH YOU OPERATE / USE OR FOR THE LOSS OF DATA RESULTING FROM THE DOWNLOAD AND/ OR USE OF ANY SUCH MATERIAL.

17.2. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE AND / OR OUR SERVICES AND / OR PRODUCTS IS MADE ON YOUR OWN RISK AND THAT THE PhotoLog SERVICES AND / OR PRODUCTS ARE OFFERED “AS IS” AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY AND/ OR THE FUNCTIONING OF ANY THIRD PARTY WEBSITE AND/ OR MATERIALS YOU MAY ACCESS THROUGH OUR WEBSITE. THE LIMITATION OF LIABILITY APPLIES TO THE EXTENT PERMITTED BY NATIONAL LAW.

XVIII. THIRD PARTIES

18.1. We do not endorse and we are not responsible for or liable for any content, advertising, product or service mentioned on or available through the third party websites.

18.2. Any transaction between you and any third party found on or through Our Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such relationships are made between you and the entity concerned. Therefore, we are not responsible or liable for any loss / damage of any kind that may occur in these cases.

XIX. EXCLUSION FROM WARRANTY

19.1. GLITCH MEDIA, its subsidiaries and its licensors do not represent and, to the fullest extent permitted by law, do not warrant that:

a) Use of the Services and / or Products will meet your requirements;

b) The use of the Services and / or Products will be uninterrupted, on time, safe and without errors or viruses;

c) Any information obtained by you as a result of using the Services and / or Products will be accurate or secure;

d) Defects in the operation and functioning of any software provided to you as part of the Services and/ or Products will be corrected.

19.2. No information, advice or consultation, whether verbal or written, obtained by you from us, through us or through our Services and / or Products, will not create warranties not clearly stated in the terms.

19.3. Furthermore, GLITCH MEDIA expressly excludes all warranties and conditions of any kind, expressed or implied, including but not limited to the suggested warranties and merchantability conditions, appropriate for a particular purpose, to the extent permitted by national law.

19.4. Subject to the general provisions of Chapter XVII (LIMITATION OF LIABILITY) above, YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLITCH MEDIA, ITS SUBSIDIARIES AND LICENSES WILL NOT BE LIABLE TO YOU FOR THE CONDITIONS REFERRED TO IN CLAUSE 19.5., to the extent permitted by national law.

19.5. GLITCH MEDIA, its subsidiaries and its licensors will not be liable to you for:

a) Any direct, indirect, accidental damages, as a special or exceptional consequence that may be suffered by you no matter how they were caused and under any theory of liability. This will include, but is not limited to, loss of profit (incurred directly or indirectly), loss of customer or business reputation, loss of data, cost of purchase of replacement goods or services, or other intangible losses.

b) Any loss or damage that may be incurred by you, including, but not limited to, loss or damage as a result of:

a.1

i. Any trust placed by you on the completeness, accuracy or existence of any advertisement or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertisement appears in the Services and/ or Products;

ii. Any changes made by GLITCH MEDIA to the Services and/ or Products or to any permanent or temporary interruption in the provision of the Services and/ or Products (or other functions in connection with the Services and/ or Products);

iii. Deletion, corruption or failure to store any content and other communications stored or transmitted by or through your use of Services and/ or Products;

iv. Your failure to provide GLITCH MEDIA and intrinsically PhotoLog with correct, accurate and up-to-date information;

v. Your failure to keep your passwords or account details secure and confidential.

XX. FORCE MAJEURE

21.1. We will not be held liable for any delays or failures in the performance and/or functioning of Our Services and/ or Products if an event of force majeure occurs. Force majeure is an unforeseeable event beyond the control of the parties and which cannot be avoided.

XXI. JURISDICTION. APPLICABLE LAW.

22.1. This Document and all operations resulting from its provisions are subject to Romanian law.

22.2. In the absence of an amicable agreement, any litigation/ disputes that may arise will eventually be resolved by the competent Romanian courts.

22.4. In accordance with the legal provisions, the User is also informed that he can take advantage of the European online dispute resolution platform: webgate.ec.europa.eu/odr/.

XXII. INFORMATION PROVIDED ON THE WEBSITE

23.1. We are not responsible or liable for:

a) The accuracy, timing or accuracy of any information/ statements on Our Website and we will not be responsible for any statements, advice and/ or opinions generated by Users on blogs and forums (except as limited by law). If you have any claims arising out of the actions and / or statements of another User, you agree to pursue such claims only against that User and not against Us;

b) The quality, accuracy or adequacy of our Website, except as required by law. However, we will make every reasonable effort to provide you with services in the most professional manner.

XXIII. NOTIFICATIONS

24.1. You agree that all communications made under this Agreement shall be by e-mail to the address provided by you through Our Website or by any other means, agreeing that such communication is valid by simple proof from us regarding the sending of the communication. We have the right to use other methods of transmission (by e-mail, courier or through bailiffs) of communications to you.

The User and GLITCH MEDIA agree that all communications in connection with this Agreement will be made to the following addresses:

§ For the User - at the e-mail address mentioned through Our Website or by any other means;

§ For GLITCH MEDIA - at the following e-mail:[email protected]

XXIV. CONTINUOUS IMPROVEMENT PROCESS

25.1. The quality of our Services and / or Products is the main objective in the attention of GLITCH MEDIA and instrinsically PhotoLog; therefore, Our system is subject to a continuous improvement process, both in terms of technology and product design.