Terms & Conditions
- Acceptance of Terms and Conditions
You agree to be bound by the terms and conditions set forth below, as well as any modified or additional terms that OWI, RUC 1707609713001 (“OWI PHOTO”) may publish from time to time (collectively, the “Terms and Conditions”). If you do not agree to all of the terms and conditions that constitute the Terms and Conditions, do not access or use this Site.
OWI PHOTO may amend these Terms and Conditions from time to time. Your continued access and use of the Site constitutes your acceptance of these changes. Your access to and use of our Site will be subject to the current version of the Terms and Conditions, rules and regulations specified on the Site at the time of such use. Check the link of the “Terms and Conditions” in owiphoto.com/book-birds-around-quito.com from time to time to see the updated versions of the same. If you fail to comply with any of the Terms and Conditions, your license to access or use this Site will automatically terminate.
- Intellectual property; limited license for users
Subject to your compliance with these Terms and Conditions, any applicable license agreement with OWI PHOTO and the law, you may access and use the Site. OWI PHOTO remains the exclusive owner of all right, title and interest in the Site and reserves all rights not expressly granted under these Terms and Conditions. OWI PHOTO may modify, replace or discontinue the Site or any part thereof at any time, for any reason and with or without notice, in OWI PHOTO’s sole discretion. OWI PHOTO provides the Site “as is” and “as available”.
All content on this Site, including, by way of example, Images, Videos, Music and related metadata (collectively referred to as the “OWI PHOTO Content”), and the selection and arrangement of the OWI PHOTO Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any OWI PHOTO Content violates such laws and these Terms and Conditions. Except as expressly provided herein or in a separate license agreement between you and OWI PHOTO, OWI PHOTO does not grant any express or implied permission to use the Site or any OWI PHOTO Content. You agree not to copy, republish, prepare, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license or sublicense or reverse engineer the Site or any OWI PHOTO Content. In addition, you agree not to use data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or the OWI PHOTO Content.
Unless you sign a license agreement with OWI PHOTO, you may not download, distribute, display and/or copy any OWI PHOTO Content.
You may not remove a watermark or copyright notice from OWI PHOTO Content.
- Registered trademarks of OWI PHOTO
For the purposes of these Terms of Service, the term “Trademarks” includes all legally protected or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of source used by OWI PHOTO now or in the future.
Nothing contained herein grants or may be construed as granting to you any right to use any OWI PHOTO trademark, unless expressly granted by these Terms and Conditions.
You agree not to use OWI PHOTO’s trademarks in any manner that could damage, detract from, or adversely affect such trademarks or OWI PHOTO.
You agree that you will not use any means of contesting (e.g., in a lawsuit or otherwise), assisting or encouraging other persons or entities to contest or challenge the validity of the OWI PHOTO Trademarks or the rights thereto reserved by OWI PHOTO.
You agree that you will not use any OWI PHOTO Trademarks or any variations thereof (including misspellings), such as the domain name or portion of a domain name, regardless of the top-level domain name, or as a metatag, keyword or other programming code or data.
At no time may you adopt or use, without OWI PHOTO’s prior written permission, any word or mark that is similar or confusingly similar to OWI PHOTO’s trademarks.
The look and feel of the OWI PHOTO Web site, including page headers, custom graphics, button icons and text, is considered to be the trade dress and/or registered or service mark of OWI PHOTO and may not be copied, imitated or used, in whole or in part, without the prior written permission of OWI PHOTO.
All other trademarks, product names and company names or logos used or appearing on the OWI PHOTO Web site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier does not imply any association, recommendation, or endorsement of that product by OWI PHOTO, unless expressly stated.
You may not use any OWI PHOTO trademark, logo, Image or other proprietary graphic material to link to the OWI PHOTO Web site without the prior written consent of OWI PHOTO.
You may not frame or link to the OWI PHOTO Website or any Image without the prior written consent of OWI PHOTO.
- Information you provide
OWI PHOTO will use and protect your information, such as your name and address, in accordance with the OWI PHOTO Privacy Statement, the contents of which are incorporated by reference into these Terms and Conditions.
- Your Content
- For any image, video, text, audio or other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all rights necessary to submit Your Content to the Site and to grant the licenses set forth herein; (ii) OWI PHOTO will not be required to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not violate the rights of any third party, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms and Conditions and all applicable laws.
- By uploading Your Content, you grant OWI PHOTO a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, perform and display publicly (through all media now known or hereafter developed), and to create derivative works from Your Content in order to edit and display Your Content using the services of the Site, and archive or preserve Your Content for use in disputes, legal proceedings or research. The foregoing licenses will last unless and until you remove Your Content from the Site, in which case they will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archiving or preservation purposes shall be extended indefinitely.
You may not upload, post or transmit any video, image, text, audio recording or other content that
Infringes any third party’s copyright or other intellectual property rights or any right of publicity or privacy
Contains pornographic, defamatory or otherwise illegal or immoral content
Represent illegal or violent acts;
Represents animal cruelty or violence to animals
Promote fraudulent strategies or provoke a claim for misleading advertising or unfair competition; or
Violate any law, statute or regulation.
You may not use any OWI PHOTO Content for any purpose without first obtaining a license to use such OWI PHOTO Content. Any use of OWI PHOTO Content by you will be governed by the separately applicable license agreement signed between you and OWI PHOTO. Displaying and/or distributing to the public any watermarked or unlicensed OWI PHOTO Content (whether incorporated into a derivative work or on its own) constitutes copyright infringement.
- Claims of Copyright Infringement
If you believe that any image or material available through OWI PHOTO infringes a copyright that you own or control, you may notify OWI PHOTO using the CONTACT form on the OWI PHOTO web site.
You should not:
Engage in any conduct that may be considered a violation of any law or that may infringe or conflict with the rights of OWI PHOTO or any third party.
Violate any applicable laws or regulations regarding access to or use of the Website, or engage in any activity prohibited by these Terms and Conditions.
Infringe the rights of OWI PHOTO or any third party (including rights of privacy and publicity) or abuse, defame, harass, persecute or threaten any other person.
- Restriction and Extinction of Use
OWI PHOTO may block, restrict, disconnect or terminate your access to all or part of the Site or OWI PHOTO Content at any time, in its sole discretion and without notice or obligation to you. Any conduct by you that, in OWI PHOTO’s sole discretion, limits or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in termination of your access to the Site without notice.
- Links to third party websites
In the event that the Site is available via a third party platform, or if OWI PHOTO provides links from the Site to any third party platform or allows any third party to link its platform to the OWI PHOTO Site, you understand and agree that OWI PHOTO makes no warranty, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of OWI PHOTO, and OWI PHOTO provides and/or permits these links for your convenience only. The inclusion of any link does not imply affiliation, endorsement or adoption by OWI PHOTO.
- Guarantees and exemptions
Your use of the Site is at your own risk. OWI PHOTO provides the Site under these Terms and Conditions “as is” without warranty of any kind, whether express, implied, statutory or otherwise. OWI PHOTO expressly disclaims any and all warranties of any kind, express or implied, to any and all services available from the Site, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranties that may arise under any law. Without limiting the foregoing, OWI PHOTO does not warrant that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the Site, services or materials will be corrected. OWI PHOTO makes no representations or warranties that the Site is permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or stored through the Site, that the Site will meet your requirements, or that OWI PHOTO will continue to support any particular feature of the Site. To the extent that no disclaimer or limitation of liability applies, all applicable express, implied and statutory warranties are limited in duration to a period of thirty (30) days after the date on which you first used the Services on the Site, and no warranties apply after such period.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by binding arbitration administered under the Rules of Arbitration of the Quito Chamber of Commerce in effect on the date of commencement of the arbitration, and not in a court of law. The decision on the arbitration award may be submitted to any court having jurisdiction over it or having jurisdiction over the relevant parties or their assets. The place of arbitration shall be Ecuador, in the city of Quito. The language of the arbitration shall be Spanish. There shall be only one arbitrator. Each party shall be responsible for its own costs of arbitration. OWI PHOTO shall also have the right to initiate and bring suit, or any action or proceeding in any court of competent jurisdiction to obtain injunctive or other relief against you in the event that such action is necessary or desirable, in the opinion of OWI PHOTO.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Euador, without regard to principles of private international law.
In the event of a conflict between these Terms and Conditions and any license agreement you enter into with OWI PHOTO, the terms of such license agreement shall prevail.
These Terms and Conditions shall not be construed against or in favor of either party, but rather according to the unbiased meaning of the language used. The invalidity or unenforceability of any part of these Terms and Conditions shall not affect the validity or enforceability of the remaining provisions hereof.
Distributors are people of legal age who do not have any working relationship with OWI PHOTO, who on their own decide to sell OWI PHOTO products through this web site. In addition to the previous general conditions, when using this site they accept the following conditions:
- Register as a web user.
- Use only your distributor code provided by OWI PHOTO in your sales. This code works as a discount coupon for the final customer and generates a commission on the sale to the DISTRIBUTOR. OWI PHOTO can modify these values at its own discretion and from time to time. The distributor code is unique for each distributor, it must be identified and written in capital letters and without spaces. OWI PHOTO can create more than one unique code per distributor to meet specific sales promotion needs. The distributor code cannot be used in conjunction with other discount coupons. The distributor code is evaluated every 6 months, at the end of April and October. If the distributor has not met the minimum average monthly sales target, OWI PHoto may suspend the distributor and liquidate any outstanding values on both sides.
- To communicate to OWI PHOTO in case of not wanting to continue as distributor so that the liquidation of the pending payments is made.
- Purchase at least one Birds of the Middle of the World book for your use and promotion, at the discounted price set by OWI PHOTO. The corresponding ebook will be delivered by OWI PHOTO free of charge. The distributor agrees not to publish it, distribute it, copy it in any format, or sell it. The ebook will be used exclusively for demonstrations so that the final client buys the ebook on the OWI PHOTO web site.
- Promote your own distributor code in your social networks or other media, for which you can use the images and photographs available on the OWI PHOTO website. Prior to publication of the promotion, it must be viewed and approved by OWI PHOTO.
- Agree that OWI PHOTO can create other discount codes to improve product rotation, or use any type of promotional and advertising campaign, and that it can use other sales channels.
- Keep records of your sales, with the corresponding order numbers so that in case of dispute it can be compared with the records in the OWI PHOTO database.
- Have a rotating stock for which you will sign a bill of exchange. Deliver the books sold to your customers directly from your rotation stock, at no cost to the customer, for which you must choose the option to pick up the order at the time of sale. OWI PHOTO may at any time take a physical inventory of products, either in person or virtually.
- Register end customers on the OWIPHOTO website so that the customer’s distributor code and discount coupon can be activated.
- Commission on sales made according to the table provided by OWI PHOTO, who may change it at their own discretion from time to time. In addition, to receive the sales commission, you must:
- Comment and share in social networks at least two publications from the OWI PHOTO website for every book or ebook sold. These comments should be motivating to birds, their conservation and sustainable tourism activities.
- Provide assistance to their clients in case they are unable to register themselves, and report any problems with the OWI PHOTO website.