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Fotoferia Portal Terms of Service

Effective from: December 4, 2025
Version: 2.0
Services: www.fotoferia.pl

General Provisions

Fotoferia Portal (hereinafter: "Portal", "Service") is an internet service dedicated to photography creators. Each User, after meeting the conditions specified in the Terms of Service and accepting the Terms of Service and Privacy Policy, has the right to publish photographs, rate, comment, and use the Portal's social features.

Portal Owner and Administrator:
ODART RAFAŁ KOWALKOWSKI
ul. Tadeusza Makowskiego 3
78-100 Kołobrzeg, Poland
NIP: 5791020696
REGON: 320889738

Using the Portal means acceptance of these Terms of Service and Privacy Policy.

Article I. Participation Conditions

  1. Portal Users may be persons who have reached 18 years of age and have full legal capacity, legal entities, and organizational units without legal personality to the extent they are entitled by copyright property rights by photography authors.
  2. User registration on the Portal occurs through the Portal's website. As a result of proper registration, the Portal creates an account for the User assigned to the name (login) provided by the User along with a password assigned to the login, chosen by the User. The User gains access to the account after providing the name (login) and password on the Portal's website (logging in).
  3. The User is not allowed to use other Users' accounts or share their account with third parties. It is also prohibited to have more than one account by the same User.
  4. By publishing a photo in Inferia or a private gallery, the User declares that they possess all copyright property rights to the published images and written consent for publication of the image of persons shown in the photographs, in situations where the Copyright and Related Rights Act requires it.

    Fotoferia Portal reserves the right to request from the User presentation of source files (RAW, unprocessed JPEG, or other evidential materials), confirming authorship and legality of publication, at any time, in case of doubts regarding rights to the photo or compliance with the Terms of Service.

    Failure to present required materials may result in removal of the photo or account limitation.
  5. Photographs published by Users on the Portal's pages may not violate the rights of third parties, including in particular legally protected personal rights.

AI-Generated Works – Publication Rules

  1. The Portal does not accept works entirely generated by artificial intelligence (AI), in particular images created without the participation of a camera or device recording reality.
  2. Works entirely generated by AI are considered in particular:
    1. images created solely based on text (prompt),
    2. images where the author limited themselves only to choosing a version generated by the system,
    3. images generated from others' photographs or materials to which the User does not have rights,
    4. images where there is no material, photographic contribution by the User.
  3. Publishing works where AI has been used assistively is permitted, in particular:
    1. photographic processing assisted by algorithms (noise reduction, color correction, background reconstruction),
    2. generative completion of frame fragments,
    3. photomontages, provided the main and dominant element of the work is a photograph taken personally by the User.
  4. "Main element of the photograph" is the motif constituting the basis of work perception – e.g., a figure, scene, event, composition photographed with a camera. Elements generated by AI may only appear as additions.
  5. The User is obliged to reliably mark the use of AI (e.g., in the description: "background fragment assisted by AI").
  6. The Portal may require explanations, source files, or metadata to verify the degree of AI use.
  7. The Portal may move a photo to Darkroom or remove it if:
    1. there is justified suspicion that the photograph is substantially generated by AI,
    2. the User conceals the use of AI or misleads regarding the nature of the work,
    3. the work violates Portal rules or good customs.
  8. Persistent violation of AI-related rules may result in blocking the User's account.
  9. Portal Team decisions regarding work classification (photography vs. AI) are final.

Prohibited Content and Behavior

  1. Photographs, analyses, and comments on the Portal's pages may not in any way violate the good name of the Portal. In case of such a situation, the Portal Team reserves the right to remove photographs, analyses, and comments and take measures provided by law.
  2. The Portal Team reserves the right to remove from the Portal any photographs, analyses, and comments whose content could violate anyone's objectively understood personal rights, religious feelings, or good customs, and in any other way violate the provisions of these Terms of Service.
  3. The User bears sole responsibility for any claims of third parties due to violation by them of copyright property rights, copyright personal rights, or any rights of third parties in connection with using the Portal and publishing their photographs on the Portal's pages. The Portal Owner is exempt from responsibility regarding any claims of third parties due to violations of these rights.
  4. The Portal User undertakes to comply with the rules prevailing on the Portal, and in particular to:
    1. not publishing content aimed at violating rights or personal rights of the Portal, Portal Users, and third parties,
    2. maintaining speech culture, not publishing content of a political declaration nature, not using vulgarisms in all content placed on the Portal,
    3. not conducting retaliatory actions against other Portal Users,
    4. not misleading other Portal Users by combining positive comment with negative voting or vice versa,
    5. not introducing from outside, inciting, and continuing personal conflicts between Portal Users using any of its functionalities,
    6. not publishing on the Portal photographs violating the boundaries of good taste, offending religious feelings, containing racist and pornographic content,
    7. maintaining full anonymity of photographs in Inferia:
      1. photos published in Inferia may not contain signatures, watermarks, etc.,
      2. they should also not contain descriptions indicating their authorship (links to blogs, photography workshops, etc.),
      3. works that are photomontages may not contain links to source materials in descriptions (such a description can be added, if necessary, after the 24-hour anonymity period expires).
  5. All photos not meeting the above criteria may be moved to Darkroom or removed from the Portal.
  6. A Portal User who does not comply with these Terms of Service receives a warning from the administration, and in case of continuing actions inconsistent with the Terms of Service, the User's account may be blocked for a specified period or – in case of drastic violations – indefinitely. Blocking the possibility of publishing comments may also be applied.
  7. A chat user may be any natural person who registers on the Portal. The User undertakes when using the chat to comply with the law in force in Poland and the provisions of the Portal Terms of Service. Using the chat for other purposes – contrary or inappropriate – than results from the nature and subject of the Portal is not allowed, and in particular it is not allowed to:
    1. disseminate pornographic content,
    2. conduct commercial, advertising, promotional activities,
    3. undertake any actions through which a person or entity implementing them tries to influence Users, act to their detriment, to the detriment of the Administrator or other third parties.

Article II. Using the Portal and Publishing Photos

  1. Using the Portal by the User is not subject to any fees. A User who wants to increase the capabilities of their Account by adding files in a larger number per week may use paid services (e.g., premium accounts, additional features).
  2. The condition for starting to use the Portal is free registration. User registration will occur after they provide data and the Portal Team accepts the account. Data needed to conduct the registration process will be contained in the registration form.
  3. Using the Portal by the User means acceptance by them of these Terms of Service and Privacy Policy.
  4. Rules for granting rights to publish works, comment, recommend, and rate are regulated by Portal usage rules available in the FAQ section or other official informational pages of the Portal.
  5. The User grants the Administrator a non-exclusive, free license to publish photographs, analyses, and comments of their authorship for the period in which they are registered as a Portal User. The license includes in particular the following exploitation fields:
    1. publishing photographs, analyses, and comments on the Portal's pages,
    2. publicly making available photographs, analyses, comments, so that everyone can have access to them at a time and place of their choice,
    3. using photographs, analyses, and comments for purposes related to promotion and advertising of the Portal, however in a way not violating personal rights and copyright personal rights of Users and other legally protected rights.
  6. The User may not place content of an advertising nature on the Portal's pages, while the Portal reserves the right to place advertising content on the Portal's pages based on separate agreements, which may also be concluded with Portal Users.
  7. The User may at any time cease using the account according to the rules specified in the Privacy Policy (including requesting its deletion).
  8. In case of blocking the User's account, all photos of the blocked User are hidden from other Users. The Portal declares that from photos left in this way on the server, it will in no way derive financial benefits and this is to enable return to the original state of the account after removing the block.
  9. Photographs, analyses, and comments in the archive will be used by the Portal solely for the purpose of documenting the rating system of a given photograph and Portal history. The Portal will not derive any financial benefits from publishing the above photographs, analyses, and comments.
  10. The User is obliged to reliably mark the use of AI in their works (e.g., in the description: "background fragment assisted by AI"). The Portal may require explanations, source files, or metadata to verify the degree of AI use.

Article III. Paid Services, Premium Accounts, and Photo Sales

  1. Paid Services Offered by the Portal
    The Portal enables the use of additional paid services, in particular:
    1. paid accounts ("premium account" and its variants),
    2. extended publication limits,
    3. participation in paid contests,
    4. commissions and payouts related to photo sales,
    5. purchase of prints.
  2. Premium Accounts – General Rules
    The Administrator offers extended account packages, differing in scope of functions and publication limit.
    Current scope, functions, and prices of individual premium account packages are published on the page: https://fotoferia.pl/index.php?pg=konto-premium.
    Changing the scope of package functions does not affect the acquired rights of Users who purchased the package before its introduction.
    Premium account is activated after payment is credited and is valid for the period indicated in the offer (as a rule 12 months).
    The Administrator may offer different variants of premium accounts (e.g., Standard, Premium, Ultra, Mega), whose list and functions do not constitute part of these Terms of Service and may be updated.
  3. Scope of Services Under Premium Accounts
    Premium account may include, among others:
    1. increased weekly limits for publishing photographs,
    2. increased limits of photos in private gallery,
    3. access to additional tools and functions,
    4. social features (e.g., participation in votes on Portal development),
    5. priority technical support,
    6. additional photo exposure options.
    Detailed set of functions assigned to a given package is specified by the offer page mentioned in sec. 2 point 2.
  4. Photo Sales
    The Portal enables photo sales in the form of digital files and prints.
    The photo author retains full copyright, unless they decide otherwise.
    The Portal charges a commission specified in the price list.
    Remuneration is paid by transfer after reaching the minimum amount indicated in the User's panel.
  5. Payments
    Payments are processed through:
    1. Przelewy24 (PayPro SA),
    2. PayPal,
    3. traditional transfer – if available.
    The Portal displays required logos of payment operators (Visa, Mastercard, BLIK, Apple Pay, Google Pay) in accordance with Przelewy24 requirements.

    Business Data:
    ODART RAFAŁ KOWALKOWSKI
    NIP: 5791020696
    Address: ul. Tadeusza Makowskiego 3, 78-100 Kołobrzeg, Poland

    The electronic payment operator (Przelewy24) is:
    PayPro SA – Payment Agent
    ul. Pastelowa 8, 60-198 Poznań
    KRS: 0000347935, NIP: 7792369887, REGON: 301345068

Article IV. Profiling and Status System

  1. The Portal uses automated mechanisms to:
    1. grant and revoke statuses,
    2. establish publication limits,
    3. analyze User activity,
    4. protect against abuse.
  2. Decisions on account blocking are made manually by a moderator.

Article V. Complaints

  1. The User may file a complaint regarding:
    1. premium account,
    2. photo purchase,
    3. print purchase,
    4. Portal operation.
  2. Complaints should be sent to: 📧 [email protected]
  3. Response time: 14 days.

Article VI. Withdrawal from Agreement

  1. Digital Services (e.g., premium account)
    The User loses the right to withdraw from the agreement after starting the provision of digital service (e.g., immediate premium account activation).
    The User confirms this during purchase.
  2. Sale of Digital Photo Files
    Digital files are not subject to withdrawal after download.
  3. Photo Prints
    Prints are made on individual order – also excluded from the right of withdrawal.

Article VII. Copyright

  1. The User retains full copyright property rights to their photographs, analyses, and comments, unless they decide otherwise in an agreement regarding photo sales.
  2. The User grants the Administrator a non-exclusive, free license to publish photographs, analyses, and comments of their authorship for the period in which they are registered as a Portal User, in accordance with the provisions of Article II point 5.
  3. In case of photo sales through the Portal, the Author retains full copyright, unless they decide otherwise in the sales agreement.
  4. The Portal is not responsible for copyright violations by Users. The User bears sole responsibility for any claims of third parties due to violation by them of copyright property rights, copyright personal rights, or any rights of third parties.

Article VIII. Portal Administration

  1. The Portal is a moderated internet service, which means it may remove photographs, analyses, and comments in accordance with the rules of these Terms of Service, Privacy Policy, provisions of the Copyright and Related Rights Act, and GDPR regulation.
  2. The User may contact the Administrator by email at: [email protected].
  3. The Portal undertakes to exercise due diligence to ensure proper functioning of the Portal.
  4. The Portal is not responsible for damages incurred or lost benefits arising from:
    1. programming, technological, and technical errors in Portal operation,
    2. temporary suspension of Portal operation,
    3. improper use of the Portal by Users,
    4. sharing by Users of their accounts with third parties,
    5. consequences of third parties gaining access to User account data,
    6. loss by the User of photographs, analyses, and comments published on the Portal,
    7. content published by Users on the Portal's pages,
    8. cessation of Portal activity.

Article IX. Final Provisions

  1. The Portal may change the Terms of Service and launch a new version of services provided within the Portal. The change becomes effective on the date indicated by the Portal, which may not be shorter than 7 days from the moment of making the changed Terms of Service available on the Portal's pages.
  2. The Terms of Service enter into force on the day of their publication on the Portal's pages.
  3. In case of invalidation of any provisions of these Terms of Service, the remaining provisions of the Terms of Service remain in force, unless circumstances indicate that without the provisions affected by the change, the Terms of Service would be invalid in whole.
  4. The Portal Team undertakes to resolve all disputes arising from using this Portal amicably, if possible.
  5. The Portal Team reserves the right to:
    1. disable the Portal without prior notice,
    2. introduce changes to available functions, introduce new functions, as well as remove them,
    3. cease providing services, after prior notification of Users on the Portal's pages.
  6. The law applicable for resolving all conflicts related to using the Portal is Polish law. All disputes related to using the Portal will be resolved by competent Polish common courts.
  7. The Portal name, Portal graphic layout, and content placed by the Portal Team on the Portal's pages are legally protected.
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