150 mt este del Hotel Flor del Itabo
50503 Playas del Coco
Guanacaste (Costa Rica)
Email us at: firstname.lastname@example.org
Email us at: email@example.com
This document is a legal agreement between you, the User, and the corporation which runs Photoventura for your use of it and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User,” “you,” “your” and like terms, either in singular or plural form, refer to you, the User.
“We,” “our,” “us” and like terms refer to the corporation which owns and manages Photoventura as outlined in the present document. “Photoventura” refers to the websites www.photoventura.net, store.photoventura.net and www.weddingdaystory.com/ and their subdomains and/or related applications. “Agreement” refers to this document, as amended from time to time. The Agreement is entered into with the Users in English and Spanish. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
In order to use Photoventura, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.
Photoventura is a web space through which the Owner promotes and presents its Service.
By using any of the Owner's websites you represent that you are at least the age of majority, or that you have consent and are allowed by parents or legal tutor to use each website.
Users declare themselves to be of adult age according to applicable legislation.
Under no circumstance may persons under the age of 13 use any of the Owner's websites.
To protect your personal information, Photoventura takes reasonable precautions and follows industry best practices to avoid data loss, misuse and unauthorized access.
Information sent over the network is encrypted using Secure Socket Layer technology (SSL).
Although no method of transmission over the Internet or electronic storage is 100% secure, we implement generally accepted industry standards.
Users are also advised to use appropriate and updated software in order to protect their computers from malware and viruses. Transaction data is stored only for the time necessary to complete transactions, after which the information is deleted.
Payments take place trough "Payment gateways" of PCI compliant companies.
Registered Users can delete their accounts and stop using the Service at any time, through the interface of Photoventura or directly contacting the Owner. Upon cancellation of the account, the User will only be able to browse through Photoventura but it will not have access to the additional features for which registration is required. The User acknowledges and agree that after a 3 months from the cancellation of the account, their photographs will be automatically deleted from Photoventura and will not be available any longer.
The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that:
Users are responsible for their own content and that of third parties that they share through Photoventura, that they upload and post on or through Photoventura, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not operate any kind of moderation on the content published by the User or by third parties, but may decide to suspend or interrupt the visualization of said content in the event that:
The content available on Photoventura is protected by the laws in force on copyright and intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present Agreement.
By using the Service provided by Photoventura, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the content in any media or via distribution methods currently available or developed later.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Where explicitly stated in the present Agreement, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Photoventura, for the User's sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly reported.
Photoventura and Weddingdaystory are both trademarks of Photoventura SA.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, logos and/or copyrights that appear concerning Photoventura and all rights in and to the user interface, features and functionality of Photoventura and underlying software, including code (“Owner's IP”) are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. The Owner does not grant you any rights whatsoever in any Owner's IP except to the extent necessary for you to use the Services in compliance with the Agreement.
The Owner does not moderate the content or links provided by third parties before their publication on Photoventura. The Owner is not responsible for the content provided by third parties or for its availability.
Users may use third-party services or content included in Photoventura, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
The Service shall be used only in accordance with these Terms.
Users may not:
All the offers and services described in the Agreement are intended for and addressed to individuals accessing and using the Service only for personal reasons and so excluding any professional, commercial, entrepreneurial purpose. For business requests, please use the contact details provided in the dedicated section of Photoventura.
Users may book a photo shooting session by either:
Upon acceptance of the booking request, User shall receive a confirmation email and shall be assigned a trained Photographer with professional equipment aimed at obtaining artistic digital quality images.
By booking a photo shooting session the User acknowledges and agrees that:
In order to permit User to access the photo gallery, Photoventura shall provide a dedicated secure link connected to the platform store.photoventura.net.
The User is advised to take note of these personal credentials for future reference. Users are responsible for keeping their login credentials confidential, as this reserved area on Photoventura is not to be used by any Users other than those provided with the access credentials. If the User has reasons to believe that their account is no longer safe because it has supposedly been, including but not limited to, hacked, stolen, lost, unduly disclosed etc., the User should immediately notify the Owner at the email address provided at the beginning of the present document.
It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials - which he/she is responsible to keep confidential.
By sending a purchase order, User agrees to be bound by the present terms and conditions and represents that he/she is acting in a free and explicit willful manner. User agrees to provide current, complete and accurate purchase information for all purchases made on our website, so that we can complete your transactions and contact you as needed. User is the only responsible part in providing accurate and valid information. The Owner is not liable in any way for consequences arising from the User providing inaccurate data and information.
Once all the photographs of interest are selected from the photo gallery, the User will complete the purchase process by reviewing the order summary in the cart and then complete the payment.
User shall receive a confirmation email with the invoice and the link for direct download of purchased files.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The delivery format of purchased photographs will be high resolution digital JPEG files.
User may also choose to receive the digital files downloaded on a hard support as an USB pen drive or CD. The hard support cost is detailed in the order summary.
The User is requested to be familiar with the refund policy and request to the sales clerk in the stores, any change to the products before download and, in any case, before leaving the store.
After the User has left the store the delivered product is deemed to be fully accepted and no editing, modifications and/or replacement shall be performed on the photographs neither by the shop clerks nor by the customer service personnel.
Notwithstanding the provisions set forth in the clause “Shipping” of this Agreement regarding defective photographs, unless stated otherwise in writing, downloaded photographs from within Photoventura or hard copies of the photographs purchased in the photo stores are not returnable or refundable after purchase.
Any downloaded file or image is considered finally delivered.
It is understood that Users are exclusively responsible for downloading or collecting the purchased items at the selected store. Under no circumstances shall the Owner be deemed responsible for items purchased and subsequently not downloaded or not picked up by the Users nor shall the Owner be required to proceed with any reimbursement of any kind as a result of the User's failure to download or collect the purchased item.
The purchased photographs shall remain available for download for a period of 3 months, after this time the files will be automatically deleted from the servers. In this case, no credit or refunds is allowed or given to User.
The Owner is granted full rights to dispose of not collected items.
Prices are displayed in US Dollars (USD) on Photoventura. In case the User purchases the photographs in one of the stores part of the Owner's network, payment may be processed also in Euros, USD or any local currency as deemed appropriate by the Owner. Payments via the most commonly used credit cards are also accepted in the stores.
The User has the obligation to pay the price in full.
Photoventura uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Credit card information is always encrypted during transfer over networks. As a consequence, it is impossible for the Owner to know your card details.
Any declined payment costs shall be borne by the User.
In case of declined transactions, the User only is responsible for seeking information with the credit card provider or with the issuing bank.
Exceptionally and at the sole discretion of Photoventura, some physical goods might be shipped.
The cost of shipping is entirely borne by the User. The shipping shall take place as soon as the payment is received and, normally, within 3 to 7 working days.
The User will be provided with a tracking code to monitor the shipping progress.
Delivery is only meant at road level.
Before accepting delivery of goods, the User is required to make sure the parcel he/she is receiving is not damaged or tampered with. In case of doubt, User should refuse delivery and promptly contact our customer service.
Delivery shall be made only if countersigned for proof by the receiving person. Upon the receiving person's countersign, he/she shall be responsible for the integrity of items received.
In the case shipping toward any Country or geographic location where certain customs fees apply, the price indicated on Photoventura and on the invoice does not include customs fees or any costs associated with customs procedures.
The responsibility for paying any customs duties, costs and fees lies entirely with the User.
User has the responsibility to check applicable customs obligations and costs before placing an order.
Returns are entirely at the User's expenses and shall be sent by means of recorded shipment. The cost of return shipment will be refunded by the Owner only in case of wrong or faulty item or when a shipment has been made by mistake by the Owner.
User has the obligation to provide the Owner with full shipping details.
The items are considered sent when accepted by the post office or forwarded as documented by the tracking number.
The Owner shall accept the returns only if the items are in the original package and in good conditions (i.e. the items shall not be damaged) and provided that the set is complete in all its parts and in a single shipment.
Upon arrival the items shall be inspected, and, upon verification that the items have been returned in compliance with the procedure outlined above and that they are in good condition, the Owner shall refund the price paid for the goods within thirty (30) days.
In order to receive refunds, the User needs to provide name, address, email, bank details to process the refund and include a copy of his/her invoice for proof of purchase.
The right of cancellation does not apply to:
Additionally, goods used in any way other than what is established in their nature, characteristics and functioning, will not be replaced or refunded.
Shipped goods shall be exchanged for same items only. User is responsible for specifying the exact items to be received in exchange.
The Owner has the right and discretion to alternatively offer a refund in case of unavailability or if deemed more convenient, instead of replacing the items.
Prices, descriptions, or availability of the products displayed are subject to change without notice.
The photos posted are for representation purposes only and do not constitute a guarantee or exact representation of the quality or characteristics of the products.
The Owner will acquire and retain copyright on all the photographic work and images made via or through the Service.
The Owner, in relation to any images or files produced by it's photographers, freelancers, or submitted as 'content', will acquire and retain copyright on all their work and images and will have the right to edit or adjust and use as deemed applicable or appropriate such work.
By using the Service offered by the Owner including, but not limited to, the photo shooting sessions in any of the resorts linked to the Owner's network, the Users acknowledge and agree that the Owner, its assignees, licensees, and legal representatives do have the irrevocable right to use the photographs in all forms and manners including but not limited to publication on Photoventura and other social networks (e.g. Facebook) for promotional purposes, without any compensation.
Users also acknowledge and understand that the Owner cannot fully control unauthorized use of the photographs by any third party once they have been published.
By accepting these Terms, Users expressly authorise the Owner to use their photographs.
The photographs shall be used according to the present clause. Users acknowledge and agree as follows:
The Owner provides the services to you strictly on an "as is" basis. to the maximum extent permitted by applicable law the owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. the owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any: (i) errors, omissions or inaccuracies in any “content”; (ii) personal injury or property damage of any nature whatsoever resulting from your access to and use of the “services” and “photoventura”; (iii) any unauthorized access to or use of our systems and/or any information accessible through such systems; (iv) any interruption of the “services”; (v) any viruses, trojan horses, bugs, malware or the like in or transferred through the “services” or through the actions of any third party; (vi) any access to your device and/or information available through such access; and/or (vii) any loss or damage of any kind incurred as a result of the use of the “services”.
the owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the “services” or any website accessible through the “services.”
no action from or on behalf of the owner or any other source shall create any warranty not expressly stated in this agreement. some jurisdictions do not allow the exclusion of warranties, so the above warranty exclusions may not apply to you.
In no event will the owner be liable for any indirect, incidental, punitive, special or consequential damages arising out of or relating to this agreement, including, but not limited to, damages for loss of profits, loss of business, loss of use, or loss of customer data or other intangible property, even if the owner has been advised of the possibility of such damages.
each provision of this agreement that provides for a limitation of liability, disclaimer of damages, or exclusion of damages is to allocate the risks of this agreement between the parties. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable from and independent of all other provisions of this agreement.
Except in the event of Owner’s gross negligence or willful misconduct, you agree to defend, indemnify and hold harmless the Owner, its parent, “sibling” and subsidiary corporation(s) (if any) and officers, directors, employees, advisors and agents thereof, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and expenses) arising from: (i) your use of the Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
Under the Digital Millennium Copyright Act (“DMCA”), you can request that Photoventura SA removes material that infringes a copyright. To do so you must file a document that is known as a DMCA “takedown notice,” which must comply with the requirements specified by the law. (If you have any question on these requirements that are not answered by this section of the Agreement, please see Section 512(c)(3) of the Digital Millennium Copyright Act).
Your “takedown notice” must include:
You must send this takedown notice in physical form to Photoventura as follows:
150 mt este del Hotel Flor del Itabo
50503 Playas del Coco
Guanacaste (Costa Rica)
You can also send a copy by email to firstname.lastname@example.org but you must send the physical version described above to the physical mail address specified.
From time to time the Owner may change certain aspects of the Services, such as adding or deleting certain features. The Owner may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Owner will work with you to enable you to withdraw your information in accordance with applicable law.
The Services might not be available at times you expect it, whether because of software or network problems or events that are known as “Force Majeure” such as acts of God, labor actions and other disruptions beyond the reasonable control of the Owner. The Services might not be available also because the Services are undergoing maintenance.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
This Agreement shall continue in effect until it is terminated by either Photoventura or you. Upon termination, certain provisions of this Agreement shall survive as follows: your grant of licenses under this Agreement shall survive indefinitely; your indemnification obligations shall survive for a period of five years from the date of termination; Photoventura’s disclaimer of warranties and representations and the provisions under the section called “Warranties, Indemnification and Limitation of Liability” shall survive indefinitely.
The Owner reserves the right to amend or otherwise modify this Agreement at any time, informing you by publishing a notice through Photoventura or otherwise communicating with you. Such changes will only affect the relationship with you for actions after you have accepted the new Agreement. Previous versions, which are archived by the Owner, will govern the relationship prior to your acceptance. You can email the Owner for a copy of any previous version. Your continued use of the Services after such changes will signify your agreement with and acceptance of this Agreement with its revised terms. If you do not wish to be bound by the changes, then your only recourse is to discontinue the use of the Services.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
You consent to the Owner contacting you by your telephone number or your email address. All communications relating to Photoventura must be sent using the contacts stated in this document. If you send a communication by email you must have valid confirmation of receipt to provide promptly to the Owner if requested.
If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The Owner’s failure to assert any right or provision under this Agreement shall not constitute a waiver of any such right or provision. Any waiver shall not be deemed a further or continuing waiver of such term or any other term.
This Agreement and the relationship between the Owner and you and any dispute concerning the implementation, interpretation and validity of this Agreement are subject to the laws of the jurisdiction of the State and to the exclusive jurisdiction of the Courts where the Owner has their registered offices and you hereby irrevocably consent and submit to the exclusive jurisdiction of the courts where the Owner has their registered offices. Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.
The Owner agrees to ADR for controversies and disputes.
If Users have a complaint about goods or services they have bought, instead of going to court, they can choose Alternative Dispute Resolution (ADR).
The term ADR includes all the ways of resolving a complaint which do not involve going to court.
Typically consumers ask a neutral third party to act as an intermediary between them and the trader; this neutral third party is called an ADR entity. The ADR entity can then suggest or impose a solution, or simply bring the two together to discuss how to find a solution. This is also known as “mediation”, “conciliation”, “arbitration”, “ombudsman” or “complaints’ board”. Compared with going to court, ADR is usually quicker, simpler and costs less.
Online Dispute Resolution (ODR) is an ADR procedure conducted entirely online.
These Terms have been written and reviewed in English language. Any translations into any language other than English are to be considered mere translations. In case of any discrepancy or inconsistency, the English language text shall prevail in any event.
The service provided by Photoventura as described in these Terms and in Photoventura.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.