Terms & Conditions
Welcome to Moments Collective ("Moments-Collective.com"), a website that showcases the work of photographers and offers a platform for them to exhibit their work and share their stories. By using our website, you agree to these terms and conditions. If you have any questions or concerns, please contact us at email@example.com.
These Terms govern:
the use of this Website, and,
any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Owner: Moments Collective ("moments-collective.com")
User: User of the website, artist, photographer, user of a service.
Ownership of Content:
All photographs submitted to "Moments-Collective.com" by photographers will remain the sole property of the photographer. "Moments-Collective.com" will not claim ownership of any photographs submitted to the website. Photographers retain the rights to their photographs and have the ability to license or sell their photographs to third parties.
By submitting your photographs to the website or via email (or any property of Moments Collective), you retain ownership of your work, but grant Moments Collective a non-exclusive, worldwide, royalty-free license to use, copy, distribute, and display your work on the website, in promotional materials, or any property of Moments Collective (social media accounts, online TV Channel, website, magazines etc.). Moments Collective will always credit the photographers for their work.
Use of Content:
"Moments-Collective.com" has the right to use the photographs submitted by photographers for the purpose of showcasing their work on the website, promoting exhibitions featuring their work, and conducting interviews with the photographers. This includes the right to display, reproduce, and distribute the photographs for the purpose of promoting the photographers and their work. "Moments-Collective.com" will always credit the photographers.
Photographers retain all copyrights to their photographs and are responsible for protecting their own intellectual property.
rejection of submission:
Moments Collective reserves the right to reject or remove any submission without explanation or notification.
MOMENTS COLLECTIVE membership (members, official members premium (vip) members):
MOMENTS COLLECTIVE MEMBERSHIP is a community (members) of photographers who come together to share their passion for photography, connect with other photographers, and showcase their work to a wider audience. It's worth noting that members receive different benefits depending on the category of membership they choose.
Some of the benefits include hosting the member's profile picture and photograph(s)/portfolio on our website, an Interview hosted on our website, and the opportunity to feature their work in our exhibitions and annual magazine (for a fee). In the event that the number of participants exceeds expectations and their work is not selected for printing (which requires payment), their work will still be showcased through a video projector inside the exhibition for a fee.
Moments Collective reserves the right to offer the Membership service for a fee. If the membership service requires renewal or if a new service is offered, Moments Collective will notify the photographer via email or other means of communication and request payment of the fee to continue the service. If the photographer does not respond within 10 days, Moments Collective reserves the right to terminate their membership and remove them from the service.
The conducted interviews with the members are sent as a questionnaire to be answered by the photographer. The proper English in the interview should be checked by the photographer before forwarding it to Moments Collective. The interview then will be uploaded to our website along with photographs showcasing their work. The interview is then promoted through our channels. Please note that we reserve the right to remove the interview if the member does not renew their membership.
Regarding the discount for participating in exhibitions, it's important to note that this is a benefit that members receive as part of their membership. However, please be aware that if an exhibition does not take place for any reason, members are not entitled to request the discount or hold Moments Collective responsible for the cancellation. We strive to offer our members the best possible benefits and opportunities, but circumstances beyond our control may impact our ability to follow through on certain events or discounts. Thank you for your understanding.
All the services offered are valid as long as the membership is valid.
All the Official Members who were initially invited and were early supporters will continue to enjoy the benefits of membership for a lifetime. This special recognition is our way of thanking these members for their dedication to our community. Official Members who were invited and were early supporters will keep the benefits of the ones paying the membership, except for any discount mentioned for participating in exhibitions. We believe in rewarding our members for their loyalty and commitment to the Moments Collective group.
Additionally, we reserve the right to upgrade or downgrade any member's status at our discretion, without any obligation to provide a reason or explanation for the change.
MOMENTS COLLECTIVE annual magazine:
The work of participating photographers that is hosted at the Moments Collective Annual Exhibition will be included in the Annual Magazine, and each MCOM is guaranteed to have one or more of their photographs featured in the Magazine.
At the end of an exhibition, any artists who wish to receive their printed photograph without the frame may contact Moments Collective to arrange for pickup from the location of the exhibition or shipping (shipping charges will be the responsibility of the artist). Please note that any requests for printed photographs must be made within 7 days of the end of the exhibition. After this time, the photographs will be destroyed, and no further requests for the printout will be accepted.
Photographers retain all copyrights to their photographs and are responsible for protecting their own intellectual property. Photographers are responsible for ensuring that they have the right to submit the photographs to "Moments-Collective.com" and that the photographs do not infringe on the rights of any third party.
"Moments-Collective.com" will not be held liable for any copyright infringement by photographers.
"Moments-Collective.com" will not be held liable for any damages arising from the use of the website or the use of any content submitted by photographers. "Moments-Collective.com" will not be held liable for any damages arising from the use of any third-party websites linked to/from "Moments-Collective.com".
LIMITATIONS OF Liability:
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
Services & POrtfolios:
Moments Collective reserves the right to offer a hosting service for photographers' portfolios, which may involve a fee. If this service is offered, Moments Collective will notify the photographer via email or any other means of communication and request payment of the fee to continue hosting the portfolio. If the photographer does not respond within 7 days, Moments Collective reserves the right to remove their portfolio from the website.
We also reserve the right to remove any portfolio or content uploaded by Moments Collective or a photographer at any time and without prior notice. We assume no liability for any damages or losses that may result from such removal. By submitting your portfolio (photographs) or content to Moments Collective, you acknowledge and agree that Moments Collective may exercise this right at its sole discretion, without any obligation to provide a reason or explanation for the removal. Furthermore, we reserve the right to restrict or terminate access to our website or services at any time and for any reason, without any liability to you or any third party.
Changes to Terms and Conditions:
"Moments-Collective.com" reserves the right to make changes to these terms and conditions at any time. Any changes will be posted on the website and will take effect immediately upon posting. It is the responsibility of the user to regularly check these terms and conditions for any updates.
Removal of Content:
If a photographer wishes to remove their work or photographs from the Moments Collective website, they should contact us at firstname.lastname@example.org. We will respond promptly to the request and remove the content as soon as possible.
These terms and conditions will be governed by and construed in accordance with the laws of the country in which the website is based. Any disputes arising under these terms and conditions will be resolved in accordance with the laws of the country in which the website is based.