Terms of service.
Sunny Road Terms and Conditions
Welcome to www.sunnyroadimages.com (the “Site”), where Paolo Messina ("Sunny Road", "we", "us" or "our") provides various photography-related services (“Services) and resources (the “Content”) for digital artists and other users.
Please read these Terms and Conditions fully and carefully before accessing, browsing or using any part of the Site or the Services because these Terms set forth the legally binding terms for any use of the Sunny Road Site or the Services. By registering for and/or using the Services in any way, you are acknowledging that you agree to these Terms and all other operating rules, policies and procedures that we may publish (and update) from time to time through the Services, each of which is incorporated in these Terms by this reference. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of the entity you represent.
Applicability of Terms and Conditions.
These Terms apply to anyone who uses the Services in any manner, including to anyone who visits, browses, purchases, or downloads from the Site.
You are solely responsible for ensuring that these Terms and your use of the Services comply with all laws, rules and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
Eligibility. You represent and warrant that you are at least 13 years old. If you are under age 13, you may not use the Services. Additionally, if you are under age 18, you may only use the Services under the supervision and authorization of a parent or legal guardian that is at least 18 years old, who will be considered responsible for your conduct and the consequences of any such conduct. If you are a parent or legal guardian of a potential minor user, before authorizing any such use, please be warned that the Services may display content that some may find offensive. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
Email. As part of the Services, we may communicate with you by sending you emails. By registering for an Account (and/or “subscribing to the Newsletter”), you hereby expressly consent to receiving messages from us relating to the Services. You may opt out of receiving email messages as described in our Privacy Policy.
Content.
Definition. For purposes of these Terms, "Content" means all information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
Notices and Restrictions. The Services contain Content from various sources, including us, our partners and users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Accordingly, you shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. In particular, if you are accessing or downloading any Photographs (defined below), you agree to respect and abide by the photographers' copyright and any notices posted or agreements required by these photographers concerning your access to and use of their work.
Use License From Sunny Road. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display on your browser or device in connection with the Services) Content (excluding our users' Photographs, as that term is defined below) solely for the purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us and, if applicable, the relevant copyright holder. Except as expressly permitted by us or the applicable copyright holder, you shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates these Terms or any third party right. See also our License Agreement for further details.
Rules of Conduct.
a. You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit 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 right of any other person or entity;
violates any local, state, national or international law or regulation or any contractual duty;
is false, misleading, untruthful, inaccurate, or incomplete;
is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, illegal or otherwise objectionable or inappropriate as determined by us in our sole discretion;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives;
includes anyone's identification documents or sensitive financial information; or
harms minors in any way, including, but not limited to, by violating child pornography laws or laws prohibiting the depiction of minors engaged in sexual conduct.
You also shall not (and shall not permit any third party to) violate or attempt to violate the security or operation of the Services or of our other systems or networks.
You shall not (directly or indirectly) take any actions that violate our intellectual property rights or the intellectual property rights of any other parties, including without limitation the following:
deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to derive any source code or underlying ideas or algorithms of any part of the Services (including any application), except to the limited extent applicable laws specifically prohibit such restriction;
modifying, translating, or otherwise creating derivative works of any part of the Services; or
copying, renting, leasing, timesharing, distributing, or otherwise transferring any of the rights that you receive hereunder.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these Terms, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to user support requests; or
protect the rights, property or safety of us, our users and the public.
Payments and Billing.
Paid Services. Certain of our Services, or certain of the services provided in connection with the Services by our third party business partners, may be subject to payments now or in the future (the "Paid Services"). You acknowledge that all prices are subject to change at Sunny Road's sole discretion. Please note that any payment terms presented to you in the process of purchasing and downloading Content, using or signing up for a Paid Service are deemed part of this Agreement.
Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. Although we are not responsible for error by the Payment Processor, we reserve the right to correct any errors or mistakes that the Payment Processor makes, even if the Payment Processor has already requested or received payment. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due upon demand.
Sharing Content via Social Media. Sometimes the Services will give you the opportunity to share Content with others, including through your social networks ("Third Party Accounts"). We will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a "share" button on or near the Content. If you share information from the Services with others through your Third Party Accounts, you authorize Sunny Road to share that information with the applicable Third Party Service and such relevant users. Please note that if you redistribute Content not owned by you, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Termination and Cancellation. We will usually only exercise our right to terminate an Account when a user is in violation of these Terms, especially if a user is infringing on another user's, or our, intellectual property rights. Termination may result in the forfeiture and destruction of all information associated with your membership. If you wish to cancel or delete your Account, you may do so either directly through the Services or through a request made to one of our employees. We do not provide any refunds in the event of termination or cancellation.
Warranty Disclaimer.
The Services act as a passive conduit for the archival, display, access, delivery, Purchase, and Sale of Photographs, digital images, information and other data. Sunny Road may, but has no obligation to, screen or monitor such images, information, data or other content or any of the activity occurring on the Services. You acknowledge that all Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
We have no special relationship with or fiduciary duty to you. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE ON OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Informational Purposes. The Content and information available through the Services published by Sunny Road are intended solely for informational purposes and not as a substitute for professional services or advice. We cannot guarantee the accuracy or timeliness of any Content or information made available through the Services.
Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, Photographs or violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Spain, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and regional courts of Palma de Mallorca, Spain.
Class Action Waiver – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN SPAIN UNDER THE SPANISH ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.
Modification. In an effort to deliver the best service experience possible, we are constantly changing our Services. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (such as the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may stop providing specific features entirely, or introduce new limits to features, at any time.
Miscellaneous.
Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Force Majeure. Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party's reasonable control (except for payment of any fees due hereunder), such as mechanical, electronic or communications failure or degradation.
Assignment. These Terms are not assignable, transferable or sublicensable by either party except with the prior written consent of the other party; except that we may assign, transfer or delegate any of our rights and obligations hereunder without consent to any successor to all or substantially all of our business which concerns this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise).
Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
No Waiver. Neither party's failure to enforce any part of these Terms or exercise any rights hereunder shall constitute a waiver of such party's right to later enforce that or any other part of these Terms or exercise that or any other right. Waiver of compliance in any particular instance does not mean that the waiving party will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, it must be in a writing provided by one of the waiving party's authorized representatives.
Interpretation. The section and paragraph headings in these Terms and the sidebar summary of these Terms are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms shall be read as being followed by "without limitation" where appropriate.
Contact:
You can contact us:
By email: paolo@sunnyroad.eu
By visiting this page on our website: https://www.sunnyroadimages.com/contact
Effective Date of Terms and Conditions: 1st May 2021