The TopPhotoAwards.com website serves as an online platform for photographers and visitors to engage with a creative community. Users can post, view, and share content (as described below), exchange comments, opinions, and ideas, showcase their work, participate in contests and promotions, and access or purchase services offered on the site (“Services”). These Services encompass a wide range of features, including the display, sharing, or performance of any materials available through the site. "Content" refers to, but is not limited to, text, user comments, messages, information, data, news articles, photographs, images, videos, and software. The following terms outline the conditions for accessing and using the TopPhotoAwards.com website and its Services.
1. ACCEPTANCE OF TERMS
Before using our Services, please carefully read these terms and conditions (the "Terms"). By accessing or using our Services, you acknowledge that you have read, understood, and agreed to these Terms. We also recommend reviewing our Privacy Policy, which outlines how we handle your personal information.
TopPhotoAwards.com is operated by iPolus LLC, a US-based company. By accessing and using this website, you agree to the Terms outlined here. By registering, you confirm that you have read and fully understood these Terms, have the legal authority to enter into this agreement, and recognize it as a binding contract between you and us.
TopPhotoAwards.com reserves the right to modify these Terms at any time. The latest version will always be available on this page. If you do not agree to these Terms, do not use TopPhotoAwards.com, the Services we provide, or create an account. If you have any questions, please contact us before using the website.
Continued use of TopPhotoAwards.com indicates your acceptance of any updates or changes to these Terms.
2. CREATE A USERNAME AND PASSWORD
To use our Services, you must create an account with a username and password and provide accurate registration information. Failure to provide accurate information or to comply with these requirements is a violation of these Terms and may result in the immediate suspension or termination of your account.
When selecting a username, you may not:
- Use the name of another person or entity.
- Choose a name that you are not lawfully permitted to use.
- Select a name or trademark that belongs to another person or entity without proper authorization.
- Use any name that is offensive, vulgar, or obscene.
- Individuals who are at least 18 years old, or
- Individuals who are at least 13 years old and have authorization from a parent or legal guardian to access the website. If you authorize a minor to use the website, you are responsible for their online behavior and any misuse of the site. You also represent and warrant that the information provided during account creation is accurate, including a valid email address, and that you will keep this information updated at all times.
2.1. EMAIL CONFIRMATION AND ACCOUNT DELETION POLICY
By registering an account on TopPhotoAwards.com, users are required to confirm their email address within seven (7) calendar days of the registration date to activate their account and access the platform's services.
Failure to confirm the email address within this period will result in the automatic deletion of the account from our system.
Users whose accounts have been deleted under this policy may register again on the platform by creating a new account and completing the email confirmation process.
This policy is implemented to ensure the security and functionality of the platform.
3. RESPONSIBILITY FOR CONTENT AND SERVICE CHANGES
Our website features user-generated Content, which may include material unsuitable for all audiences (e.g., nudity). TopPhotoAwards.com does not filter or monitor all Content created or viewed by users and cannot assume responsibility for it. Users aged 13 to 17 must obtain permission from a parent or legal guardian before using or registering with TopPhotoAwards.com. TopPhotoAwards.com reserves the right, at its sole discretion and without prior notice, to:
- Change, modify, or discontinue some or all of the Services offered on the website.
- Restrict the availability of certain Services.
- Deny users access to Services.
- Limit the number of Services available to individual users.
- Charge fees for using specific Services.
- Offer tailored service levels to individual users.
- Remove uploaded Content or disable upload features.
Please note that TopPhotoAwards.com should not be relied upon as your sole storage solution for Content. Always maintain backups of your work independently.
4. PROHIBITED ACTIVITIES
You are strictly prohibited from using TopPhotoAwards.com Services to upload, transmit, or share any Content that:
- Violates these Terms: Any Content that does not adhere to these Terms is not allowed.
- Infringes copyright: Only upload Content you have entirely created and own, including all elements within an image. This excludes elements obtained from stock image libraries, repositories, or image editing software, even if such elements are paid for or available for free under licenses like Creative Commons.
- Is not photographic in nature: Content must predominantly be photographic and not primarily illustration, computer-generated, or graphically designed.
- Violates third-party rights: This includes any Content that unlawfully infringes intellectual property, trademarks, copyrights, trade secrets, patents, publicity rights, or privacy rights.
- Is inappropriate or harmful: Any Content that includes sexually explicit material, is offensive or harmful to minors, or causes harassment, distress, or discomfort to others.
- Contains hateful material: This includes unlawful, harmful, abusive, vulgar, obscene, or hateful material, including discrimination based on race, nationality, ethnicity, religion, gender, sexual orientation, or disability.
- Uses false identity: Do not use a name or identity that is false or unauthorized.
- Includes spam or solicitation: Avoid uploading unsolicited advertising, promotional material, or any other form of solicitation.
- Violates laws: Content must not contravene any applicable laws or regulations in the jurisdiction where you use the Services.
- Spams users: This includes creating or submitting unwanted emails or comments to other TopPhotoAwards.com users.
You also agree to refrain from the following behaviors while using TopPhotoAwards.com:
- Harassment or impersonation: Do not abuse, harass, threaten, impersonate, or intimidate other users or TopPhotoAwards.com staff.
- Unauthorized access: Do not post or solicit private account information or attempt to obtain it from other users.
- Multiple accounts: Creating multiple accounts is prohibited.
- Automated access: Except for RSS feeds, you may not use automated tools to access the site without express written permission.
- Interference: Do not interfere with site operations, overload infrastructure, or bypass security measures.
- Manipulation of ratings: Avoid artificially inflating or altering ratings, comments, or other Services, including giving or receiving money or compensation to manipulate results.
- Unauthorized sales: Do not promote or sell another person’s Content or sell/transfer your profile.
Violation of these rules will result in the termination of your TopPhotoAwards.com account. While TopPhotoAwards.com prohibits such behavior and Content, you acknowledge that the platform is not responsible for Content or behavior posted by others. You may still encounter such material, and you use TopPhotoAwards.com Services at your own risk.
5. CONTENT USE AND DATA MINING
The copyright of all Content remains with the Content creator, and no commercial usage of the Content is permitted unless part of a license agreed upon with the creator and/or TopPhotoAwards.com.
TopPhotoAwards.com does NOT permit, authorize, or facilitate any text or data mining or web scraping related to TopPhotoAwards.com, its Content, or any Services provided by or through the platform. This prohibition includes the use of, or attempts to use:
- Any "robot," "bot," "spider," "scraper," or any other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of TopPhotoAwards.com or any data, Content, information, or Services accessed via the platform.
- Any automated analytical techniques aimed at analyzing text, images, or any other data in digital form to generate information, including but not limited to patterns, trends, or correlations.
- Any automated analytical techniques aimed at analyzing text, images, or any other data in digital form for the training of AI programs or other similar applications.
The unauthorized use of data mining, web scraping, or automated analytical techniques to access Content without a valid license will result in the forfeiture of any and all commercial benefits derived from such activity. Additionally, the violating party will be required to pay a monetary penalty determined by TopPhotoAwards.com.
6. WHAT WE CAN DO WITH UPLOADED CONTENT
TopPhotoAwards.com seeks no ownership of the Content submitted to the website and respects and supports the rights of the creator and/or owner. Copyright remains with the image creator and/or owner at all times, and you retain all rights to the Content that you previously enjoyed. However, by submitting Content to our website, you represent and warrant to TopPhotoAwards.com that you are the original photographer of the Content and that all rights, including copyright, are owned by you, or you have obtained permission from the copyright holder. You further agree that TopPhotoAwards.com may use the Content as provided in these Terms without requiring additional permissions or licenses from third parties.
By uploading your Content to the TopPhotoAwards.com website, you agree that we may:
- Use, reproduce, distribute, and display the Content: This includes making it available for sharing with other users and on other platforms or channels through the functionalities of our website and Services.
- Permit partners operating photo challenges: Partners may use Content submitted for such challenges, provided the challenge is referenced in any related use.
- Grant rights to third parties (with your consent): With your express consent, we may license Content to third parties (referred to as “Customers”) for uses such as electronic downloads of stock images or the sale of physical products like prints, posters, and wall art (“Products”).
- Appoint third-party distributors or agents: If you consent, we may sublicense Content to distributors to facilitate usage by Customers.
- Use Content for marketing: Content may be included in marketing material sent to other platforms or channels in connection with challenges or to promote our Services.
- Enable purchases of Products: Allow you to purchase Products featuring your Content through our preferred providers, with a 30-day money-back guarantee.
- Utilize the Content for other reasonable purposes: These uses will align with our ongoing operations and Services. These rights of use will remain valid while the Content is posted on the TopPhotoAwards.com website and will terminate upon its removal, except as outlined in clause 10.
We may:
- Alter the Content: This includes cropping, manipulation, combining, and creating derivative works, provided the alterations are not pornographic, defamatory, or otherwise unlawful.
- Modify Metadata: Add, amend, or delete captions, keywording, and other metadata related to the Content for clarity, accuracy, or operational needs.
- Allow public indexing: Permit search engines to index Content for creating searchable indices.
- Attach critiques or comments: Allow non-offensive comments or critiques by users and judging experts without requiring prior consent.
- Disclaim responsibility for unauthorized copying: We cannot guarantee that Content posted on our website will not be unlawfully copied.
- Remove or disallow Content: At our discretion, Content may be removed or restricted.
- Categorize Content: Classify Content as commercial or editorial based on our criteria.
You will be asked for your consent to grant rights of use to Customers when uploading Content. You may withdraw consent at any time; however, this will not affect rights already granted. If you consent:
- Your Content will be licensed on a non-exclusive basis, allowing you to sell it elsewhere.
- TopPhotoAwards.com will determine the terms of use, pricing, and any applicable restrictions with Customers.
You represent and warrant that:
- Releases and permissions: If you grant rights to Customers, you hold all necessary releases and permissions (e.g., from individuals, property owners, or original clients) and will provide them if requested.
- Metadata accuracy: All metadata provided is accurate and up-to-date.
- Content compliance: The Content does not defame anyone, infringe on rights, or violate laws or regulations.
- Your responsibility: You are solely responsible for the Content you submit. TopPhotoAwards.com does not review all uploaded Content and assumes no liability for it.
- No harmful code: You will not upload or distribute software or materials containing harmful code, such as viruses or malware.
- No restricted areas: Content was not photographed in locations prohibiting commercial photography.
We will:
- Include copyright information in all copies of Content posted on our website.
- Provide attribution or links back to the original Content when shared, except for stock image downloads.
7. COMPETITIONS AND PRIZES
When you upload Content for entry into one of our photo challenges, the TopPhotoAwards.com team may, after the challenge's closing date, act as resident judges and experts to determine a shortlist of finalists. This shortlist will then be submitted to any guest or external judge/expert (as advertised for the specific challenge) to select the winner and runners-up. In all cases, the published rules of the challenge will apply, and the judge’s decision is final and binding.
After the expert judging (or voting, as applicable) concludes, prize winners will be notified via email to the email address associated with their TopPhotoAwards.com account. To confirm a win and receive a prize, the winning user may be required to verify full legal ownership of the winning Content and, where applicable, confirm that the Content was created during the relevant challenge period.
If a prize notification or prize sent to a user is returned as undeliverable, TopPhotoAwards.com will not resend the notice, research the user's address, or make further attempts to contact or deliver. If a winner's shipping address is located in a country or region deemed undeliverable by TopPhotoAwards.com, the company reserves the right to substitute the prize with a cash payment via PayPal or a voucher of equal value.
Prizes are non-transferable. Winners will be announced after the required confirmation is received, and respective winners are verified. TopPhotoAwards.com reserves the right to announce winners collectively, individually, or in any order or clusters it deems appropriate. Winners of expert-judged or rated prizes will be announced within 30 days of receiving the necessary confirmation from the winner.
The dispatch of prizes is the sole responsibility of the prize sponsor. Prizes are subject to change at any time without prior notice, at the discretion of TopPhotoAwards.com or the challenge sponsor. By participating in any TopPhotoAwards.com photo challenge, users release and hold harmless TopPhotoAwards.com and any participating prize providers (including their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agencies) from all claims, demands, and liabilities arising from or related to the challenge, user participation, and/or any challenge-related activity. This includes, without limitation, liabilities from the winner's use or misuse of a prize. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by their participation in a TopPhotoAwards.com competition and/or the use or redemption of any prize. TopPhotoAwards.com is not liable for the actions or omissions of third-party challenge sponsors or organizers, even if the challenge is promoted on our website.
8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been violated, please provide TopPhotoAwards.com with the following information, and we will promptly investigate:
- An electronic or physical signature of the owner or a person authorized to act on behalf of the owner of the copyright or other intellectual property right.
- A description of the copyrighted work or other intellectual property that you claim has been infringed.
- A description of where the allegedly infringing material is located on the site, including sufficient detail to enable us to find it (e.g., a URL in most circumstances).
- Your address, telephone number, and email address.
- A statement by you asserting your good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, their agent, or the law.
- A statement by you confirming the accuracy of the above information and that you are the copyright or intellectual property owner or are authorized to act on their behalf.
9. IF YOU BREACH THESE TERMS
You agree to indemnify and hold harmless TopPhotoAwards.com, along with its directors, officers, employees, and agents, from and against all claims, losses, expenses, damages, and costs arising from or related to:
- Your breach of these Terms.
- Any Content posted by you on the TopPhotoAwards.com website.
- Use of the TopPhotoAwards.com Services by you or anyone using your username and/or password.
- Any violation by you of the rights of a third party.
11. ENDING THIS AGREEMENT
TopPhotoAwards.com may terminate or suspend any or all of its Services and/or your TopPhotoAwards.com account immediately, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination of your account, your right to use the Services will immediately cease.
You may terminate your TopPhotoAwards.com account at any time by providing notice to us. All provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to ownership provisions, warranties, indemnities, and limitations of liability.
Upon termination of your account, we will make reasonable efforts to remove all Content posted under your account. However, the following rights of use will still apply:
- Previously downloaded Content: If a Customer has already downloaded your Content for a specific use before removal, or if negotiations with a Customer regarding the Content were ongoing prior to removal, those rights will remain valid for one year following the Content's removal.
- Ongoing re-use: If a Customer is re-using the Content in a manner that is the same or closely similar to a previous use, those rights will remain in effect.
12. CHANGING THESE TERMS
TopPhotoAwards.com reserves the right, at its sole discretion, to modify or replace these Terms at any time. If the changes constitute a material alteration to the Terms, we will notify you by posting an announcement on the TopPhotoAwards.com website. What constitutes a material change will be determined by us.
You are responsible for reviewing and familiarizing yourself with any modifications. Your continued use of any Service or viewing of any Content after notification of a material change to the Terms will constitute your acceptance of the modified Terms.
13. THIRD PARTIES USING OUR SERVICES OR WEBSITE
From time to time, we may permit third parties and entities (“Third Party Users”) to use our website as a platform to create their own groups of users, invite others to join, run their own contests and assignments (“Challenges”), and direct users to their own sales channels. In such cases, you acknowledge that:
- Any permission granted to use our website or Services should not be interpreted as a recommendation or endorsement of the activities carried out by the Third Party Users.
- We are not responsible or liable for the actions or omissions of any Third Party Users, although we commit to investigating any reported issues.
- Be bound by all applicable obligations set out in these Terms and in TopPhotoAwards.com’s Privacy Policy.
- Be solely responsible and liable for your actions or omissions.
- Comply with rules specified by us from time to time.
- Avoid acting in any way that could bring us, our website, or our Services into disrepute.
- Act fairly and honestly in all interactions with users at all times.
- Indemnify and hold harmless TopPhotoAwards.com and its directors, officers, employees, and agents from and against all claims, losses, expenses, damages, and costs resulting from or arising out of:
- Your breach of these Terms.
- Any Content posted by users on the TopPhotoAwards.com website.
- Your use of the TopPhotoAwards.com website or Services.
- Any violation by you of the rights of a third party.
- Not use Content submitted by a user or member of your group, except as expressly agreed upon by the user or member during the submission.
14. PAYMENTS AND COMMISSION
When you have consented to the granting of rights for the use of your Content to Customers, we will account to you for any net royalties. Net royalties are defined as the gross income derived from the exploitation of the granted rights, minus:
- Our commission, at rates specified to you from time to time.
- Any deductions made by agents, distributors, or sub-licensees (if applicable).
- Costs of sales, such as payments to third-party printers.
- Applicable sales tax.
15. PROMOTIONS
You agree that TopPhotoAwards.com has the right to use your Content, in whole or in part, for promotional purposes and in promotional or marketing materials and activities without charge, prior consent, or approval from you. This includes the right to distribute and redistribute your Content to other parties, websites, applications, and entities.
We will use reasonable efforts to ensure that such Content is attributed to you based on the information you have submitted to us.
You also agree that any promotional activities involving your Content may continue even after the termination of your contract with us and regardless of whether the Content has been removed, provided it was already selected for advertising or promotional purposes in accordance with this clause.
16. SUBSCRIPTIONS AND BILLING
We offer a variety of subscription plans, including plans with different tiers, conditions, limitations, and features. Additionally, you can participate in individual photo challenges by paying a fee. You can find details about subscription plans and pricing on our website. We reserve the right to modify, terminate, or amend our pricing and subscription plans at any time.
You can upgrade, downgrade, or cancel your subscription plan through your online account on the website. If you sign up for a subscription or pay a fee, you must provide us with a current, valid, and accepted method of payment, as specified by us from time to time ("Payment Method").
We will bill your Payment Method for subscription fees, any other applicable fees, and any taxes such as value-added tax. To avoid charges for the next subscription period, you must cancel your subscription before it renews. The renewal date is provided in your account settings.
If you change your plan during a subscription period, we may bill you the difference between the old and new plans for the remainder of that period. The billed amount for a subscription plan is recurring and will only change if you adjust your plan or we update our pricing. If the subscription fee changes, you authorize us to charge your Payment Method the revised amount.
We reserve the right to adjust pricing for our Services at our sole discretion. Any price changes will take effect no earlier than 30 days after providing notice to you.
Refunds and Cooling-Off Period:
- Subscription Purchases: You are entitled to a full refund if you cancel within 14 days of purchase, only if the Services have never been used.
- Other Purchases: You are entitled to a full refund if you cancel within 14 days, except when rating has already commenced for a photo challenge you have entered.
17. SPECIFIC TERMS APPLICABLE TO CUSTOMERS
In addition to the other terms set out above, if you are a Customer purchasing a license to Content from us, you agree that:
- You will have a non-exclusive (unless otherwise stated by us), non-sublicensable, and non-assignable right to reproduce the Content solely in the manner and for the purpose specified in our invoice/sales note, including any use, medium, period of time, territory, and other restrictions.
- You must comply with any policies regarding altering, cropping, or manipulating Content, as advised by us or as set out on our website.
- No ownership or copyright in any Content shall pass to you, and you may not remove any copyright, trademark, or proprietary notices from the Content.
- We do not warrant the accuracy of captions, keywording, or any other information associated with the Content.
- You may not use the Content in any pornographic, defamatory, fraudulent, lewd, obscene, or otherwise illegal manner, including but not limited to infringement of third-party intellectual property or privacy rights.
- If the Content is reproduced for editorial purposes (non-promotional), you must include a copyright/credit attribution as advised by us.
- You are responsible for examining the Content for defects (digital or otherwise) before reproduction. If you notify us within 30 days of a defect in Content materials or workmanship, you are entitled to a replacement digital copy free from defects or a refund of the license fee at our discretion. No other warranties are provided.
- We make no representations or warranties regarding the existence of releases (e.g., model or property releases) or permissions needed to use names, trademarks, logos, or other copyrighted designs depicted in the Content. You are solely responsible for obtaining these releases or permissions.
- The fee charged depends on the nature of the rights granted. You must notify us if you wish to expand the usage rights and pay any applicable fees. Unauthorized use of Content beyond the scope of the license constitutes a breach of these Terms and an infringement of copyright.
- The Content may not be sublicensed, resold, or distributed separately or detached from a product or webpage. For example, Content may be integrated into a web page design but cannot be made available for downloading or re-use by others. Additional Terms for Product Purchases
- To purchase a product, you must follow the ordering procedures on our website. Prices and delivery details are displayed on the website. Delivery dates are estimates, and while we will make reasonable efforts to meet them, we are not liable for delays.
- You must pay via the designated payment method at the time of ordering. Prices at the time of the order will apply, but we may validate and confirm them before acceptance. If the actual price is higher, you may cancel the order or proceed at the adjusted price.
- Orders are subject to applicable delivery costs and taxes.
- We reserve the right to refuse any order. If accepted, we will confirm the order via email. If the product is unavailable, we may provide a substitute of equivalent quality and price.
18. FINAL POINTS
- No person who is not a party to these Terms may enforce them, and any legislation granting rights to third parties shall not apply. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority to bind TopPhotoAwards.com in any respect.
- The failure of either party to exercise any right provided for in these Terms shall not be deemed a waiver of that right or any further rights. TopPhotoAwards.com shall not be liable for any failure to perform its obligations under these Terms when such failure results from causes beyond its reasonable control, including but not limited to mechanical, electronic, or communications failures or degradation.
- If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms otherwise remain in full force and effect and enforceable.
- TopPhotoAwards.com may transfer or assign these Terms and its rights and obligations without your consent; however, you may only transfer or assign them with our prior written consent.
- These Terms shall be governed by and construed in accordance with the laws of USA, and the courts of USA shall have exclusive jurisdiction to hear and resolve any disputes.
- Both parties agree that these Terms represent the full mutual understanding of the parties and supersede any previous written or oral agreements, communications, and other understandings related to the subject matter of these Terms. All modifications must be in writing and signed by both parties, except as otherwise provided above.
- Any notice under these Terms may be sent electronically to the email address provided by each party and will be deemed received 48 hours after dispatch.
- We will handle and process your personal data in accordance with our Privacy Policy and all applicable data protection and privacy laws.
How to Contact Us
If you wish to contact TopPhotoAwards.com, please do so via email at the following address: contact@topphotoawards.com You may also want to review our Privacy Policy and Cookies Policy.