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TERMS OF USE

The present TERMS OF USE govern the relationship between Daniel Dimitrov Balakov (hereinafter referred to as "www.danielbalakovphotography.com" or "Author") on the one hand and the Users of electronic (Internet) pages and services located on the domain www.danielbalakovphotography.com and the subdomains (hereinafter referred to as "Site" or "Website"), as well as their relations with them when using the information and commercial services offered by www.danielbalakovphotography.com (hereinafter referred to as "Services").

These conditions bind all Users. By clicking on any link or button located on the pages of www.danielbalakovphotography.com (except the link to these Terms of Use) the User agrees, accepts in full and undertakes to abide by these Terms and Conditions. If you do not agree to any of the terms and conditions contained in the Terms of Use, do not use this Site.

When using the services of www.danielbalakovphotography.com, the User undertakes to abide by these terms and conditions, as well as any other conditions imposed by the legislation of the Republic of Bulgaria and International law, even if not mentioned in these terms.

All elements of the site and the site itself are protected by copyright, trademarks, designs and / or other intellectual property rights. Below the elements we mean: pictures, creative edits, drawings, photographs and photographic works, illustrations, texts, videos and logos, brands, models, software and more - All those displayed on the Website. These items belong to www.danielbalakovphotography.com or are used with the permission of their owners. As such, any reproduction, representation, use, adaptation, modification, incorporation, transformation, trading, in whole or in part in any kind and on any medium (paper, digital, etc.) is prohibited without prior written permission of the Author.

The Author - Daniel Dimitrov Balakov is a freelance photographer and cinematographer. For direct contact, you can contact us at +359/885409011 or by e-mail at:  office.diagonal12@gmail.com. Address: 4, Simeon Veliki Str., Ent. E, ap.1, PC 5000, Veliko Tarnovo, Bulgaria.

 

 1. ACCEPTANCE OF THE TERMS OF USE OF THIS SITE

1.1 You are hereby aware, as a User of www.danielbalakovphotography.com, that you agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Daniel Dimitrov Balakov and Diagonal 12 Ltd. (referred to as - below "www.danielbalakovphotography.com" or "Website" or "Site") may publish from time to time (collectively, the "Terms of Use"). 

1.2 www.danielbalakovphotography.com may change these Terms of Use periodically. Your continued access to or use of the site constitutes in your acceptance of such changes. Your access to and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please check the "Terms of Use" link regularly on the homepage at www.danielbalakovphotography.com to view the current conditions. If you violate any of the Terms of Use, your license to access or use this Site will automatically be terminated.

1.3 The User understands and accepts the fact that the Information Services and the Site are provided on an "as it is" and "as available" basis and that www.danielbalakovphotography.com assumes no responsibility for the timeliness, deletion and inability to provide information about finished orders to the User, his or other User opinions and product estimates, unauthenticated product information, as well as damages, lost profits and other damages that occurred after, as a result of, or due to use (or inability to use due to technical problems, prophylaxis, administrator's decisions, etc.) of the Site. In the event that, as a result of the use of this Site or materials, it causes damages that require the repair of equipment or information, the User assumes all responsibility and all costs associated with the repair of the damages.

www.danielbalakovphotography.com only provides the information on the Site and is not responsible for any interference or technical problems that make the use of the Site unusable due to the use of the computer equipment by the User.

1.4 Considering the use of the Site at www.danielbalakovphotography.com, the User agrees to:

  • provide accurate, legitimate, up-to-date and complete information about himself when filling in the registration form (hereinafter referred to as the Personal Data);
  • make changes to these Personal Data as necessary in view of their correctness, accuracy, timeliness and completeness.

1.5 If the User provides false, inaccurate, or incomplete information, www.danielbalakovphotography.com has the right to close and / or delete the information about his / her e-mail address and to refuse further access to part or to all of the site’s services.

1.6 In view of the security and privacy of its Users, the Author informs the parents that the materials and services are made to be available to an extremely wide audience and that their responsibility is to define the appropriate services and materials for their children.

 

2. INTELLECTUAL PROPERTY; THE RIGHTS TO USE THE SITE BY THE CONSUMER

2.1 Subject to these Terms of Use, the applicable licensing agreement with www.danielbalakovphotography.com, and the Copyright and Related Rights Regulation, you may access and use this Site. At the same time, www.danielbalakovphotography.com remains the sole owner of all rights, names and interests of the materials provided on the Site and reserves all rights not expressly granted under these Terms of Use. www.danielbalakovphotography.com may modify, replace or terminate the Site or any part thereof at any time for any reason, with or without notice, in its sole discretion.

2.2 All content on this site, including, but not limited to, images, footage, music and related metadata (under the generic title "Content" of www.danielbalakovphotography.com), as well as the selection and arrangement of the Content of www.danielbalakovphotography. com, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of the Content on www.danielbalakovphotography.com violates these laws and these Terms of Use. Except as expressly provided herein or in a separate license agreement between you and www.danielbalakovphotography.com, www.danielbalakovphotography.com does not expressly or tacitly permit the use of the Site or any Content provided at www.danielbalakovphotography.com. You agree not to copy, post, upload, transmit, download, transmit, modify, adapt, create derivative works based on, rent, loan, sell, distribute, display, license, sublicense or transform the Site and any Content on www.danielbalakovphotography.com. In addition, you agree not to use any data retrieval methods, robots, or similar methods to collect and retrieve data and/or images in connection with the content of www.danielbalakovphotography.com.

2.3 Unless you enter into the relevant license agreement with www.danielbalakovphotography.com, you may not download, distribute, display, and/or copy any part of the content at www.danielbalakovphotography.com.

2.4 You cannot remove watermarks or copyright information contained anywhere in the Content at www.danielbalakovphotography.com

 

3. TRADE MARK PROTECTION

3.1 For the purposes of these Terms of Use, the term "Trademark" means all common legal and/or registered trademarks, logos, service marks, trade names, internet domain names or other indications of origin used now or in the future by www.danielbalakovphotography.com.

3.2 Nothing contained herein may not be construed as, conferring the right to use the trademark of www.danielbalakovphotography.com, unless expressly provided by these Terms of Use.

3.3 You agree that you will not use the trademark of www.danielbalakovphotography.com in any way that could disable, neglect, or negatively affect www.danielbalakovphotography.com.

3.4 You agree that you will not contest or otherwise oppose (ex. in any legal action or otherwise) or assist or encourage any other person or organization to challenge or oppose the validity trademark or trademark rights claimed by www.danielbalakovphotography.com.

3.5 You agree that you will not use any trademark of www.danielbalakovphotography.com or any variation thereof, including spelling mistakes) as a domain name or as part of a domain name, whether the domain is a top level or metadata, a key word or other type of programming code or data.

3.6 You may not, at any time, adopt or use, without the prior written consent of www.danielbalakovphotography.com, any word or brand that is similar or may be confused with the trademark of www.danielbalakovphotography.com.

3.7 The Site Appearance View at www.danielbalakovphotography.com, including all page headers, custom graphics, button icons and scripts, are part of the trademark and/or trademark or service of www.danielbalakovphotography.com and cannot be copied, imitated or used in whole or in part without the prior written consent of www.danielbalakovphotography.com.

3.8 All other trademarks, product names and company names or logos used or appearing on the www.danielbalakovphotography.com website are the property of their respective owners. References to products, services, processes, or other information under a trade name, trademark, manufacturer, supplier, or otherwise are not, and are not to be considered, the result of sponsorship to www.danielbalakovphotography.com, unless expressly stated otherwise.

3.9 You may not use a trademark of www.danielbalakovphotography.com, a logo, an image, or other proprietary graphics of www.danielbalakovphotography.com to connect yourself to the website www.danielbalakovphotography.com without the prior written consent of www.danielbalakovphotography.com .

3.10 You cannot make references or hot links to the website of www.danielbalakovphotography.com or to any other image of the Site without the prior written consent of www.danielbalakovphotography.com.

 

4. CONFIDENTIALITY AND PRIVICY POLICY

4.1 www.danielbalakovphotography.com may collect information related to the use of the Site. The third-party platforms through which you access the Site may collect information related to the use of such a platform by a third party and provide this information to www.danielbalakovphotography.com with your consent to the applicable third-party platform. The collection and use of all this information from www.danielbalakovphotography.com must at all times comply with these Terms of Use, the Privacy Policy of www.danielbalakovphotography.com and the applicable legislation.

4.2 www.danielbalakovphotography.com will use and protect your Personal Data, such as your name and address, in accordance with the Privacy Policy of www.danielbalakovphotography.com, the content of which is incorporated by reference in these Terms of Use: PRIVICY POLICY

4.3 You have the right to access, modify, correct and delete any data relating to you at any time. You can exercise this right by sending us a letter to the following address: 4, Simeon Veliki Street, ent.E, ap.1, PC 5000, Veliko Tarnovo, Bulgaria, or by e-mail: office.diagonal12@gmail.com, or Tel : +359/887801680

4.4 The Personal Data you entrust to www.danielbalakovphotography.com is stored on the secure servers of our host (except for bank details). Access to this information is secured and limited to the registration and processing of your orders, statistical operations that allow us to improve our services such as sending newsletters, photos, friend recommendations or sponsorship.

4.5 When ordering at www.danielbalakovphotography.com, you enter your bank details directly on the secure PayPal server. Your bank details are encrypted. They do not circulate freely on the Internet and cannot be intercepted by third parties. www.danielbalakovphotography.com is not aware of your bank details.

4.6 "Cookies" are text files sent from our site to your browser and stored on your computer. The site www.danielbalakovphotography.com uses a cookie in 2 cases:

- to facilitate your connection to the client account through automatic recognition by you. This is only if you have indicated your wish by checking the box.

- allow you to find the contents of your cart within 90 days of your visit to our site.

The cookie only reports your actions at www.danielbalakovphotography.com. It does not in any way allow us to know the other sites you have visited or will visit. You have the ability to delete your cookies at any time. However, with every newcomer on www.danielbalakovphotography.com a new cookie will be created.

 

5. ORDERING, PAYMENT AND DELIVERY

5.1 To place an order on the Site, you must pass through at least the following stages:

  • Select an item from the Gallery Content on the Site. Click on the item you are interested in.
  • In the next window, you can choose the type and size of the content (among the parameters proposed for the particular artwork), in the small window under the text "BUY THIS IMAGE". By clicking the "BUY" button you will be redirected to the Identification or Creating a Client Account screen. Here is the moment to make sure that all the order parameters meet your requirements. This window gives you the opportunity to go back and change your order.
  • After completing and reviewing all your order information (item title, type, size, final payment amount, delivery method if you buy a canvas), the next step is to agree with the text of these "Terms of Use", "Privacy Policy" and also with the "License Agreement", which is an integral part of your order, and then you can proceed to a payment. You can accept them by clicking on the box next to the link to the relevant documents on the current screen. "Terms of Use", "Privacy Policy" and "License Agreement" must be accepted by you for any order you make on the Site. "Terms of Use", "Privacy Policy" and "License Agreement" are also available for review or print from links on the Home screen of the Site with the appropriate titles - "Terms of Use", "Privacy Policy" and "License Agreement".
  • In the next step, you can make the payment for your order.
  • www.danielbalakovphotography.com sends you a confirmation of your order to your e-mail address in the minutes that follow and a link to a download window from www.danielbalakovphotography.com of the item (s) you ordered if you order a digital format.

5.2 When placing an order on the Site, the User enters into a contractual relationship (License Agreement) with www.danielbalakovphotography.com concerning the specific purchase and covered by these Terms of Use. The purchase contract is considered legitimate upon confirmation by the bank for the payment made by the User.

5.3 For each order processed, www.danielbalakovphotography.com prepares an official document - Invoice Original, which is sent to the Customer by e-mail. If the Client does not receive the relevant document, please contact us at +359/887801680 or via e-mail at office.diagona12@gmail.com.

5.4 Method of payment:

You have the opportunity to pay in two main ways:

  • Paypal
  • Bank transfer (for European Union Countries only) When making a bank payment, the User deposits an amount equal to the value of the order placed in the bank account given by www.danielbalakovphotography.com and only after the deposit is confirmed the ordered goods and services are delivered.

5.5 www.danielbalakovphotography.com has the right to change prices at its sole discretion, at any time without due notice to the Users. The user is required to pay the price that was stated on the site during the order, whether lower or higher than the current one. In the event of technical mistakes in the Content on the site, www.danielbalakovphotography.com has the right to refuse to execute the order and shall not owe compensation to the User in any way except to reimburse the amounts paid and/or deposited by the consumer, if any.

The reduced price announcement is made by placing the new price next to the old one that has been crossed out. If no reduced price is specified, this price is valid until the quantities are exhausted, but not more than 1 month or 6 months when under the conditions of Art. 66, para. 2 of the CPA.

5.6 The data recorded on the Site is a Certificate of Transactions between www.danielbalakovphotography.com and the Customer. Data recorded by the payment system Certifies the financial transactions between the two parties. Your bank details (card number, expiration date ... etc.) are not known by www.danielbalakovphotography.com.

5.7 The delivery of the ordered goods shall be effected by means of a downloader link from the website (www.danielbalakovphotography.com) of the item(s) you have ordered and according to the specified deadlines. www.danielbalakovphotography.com reserves the right to extend the specified delivery for the canvas times for up to 7 days without first informing the User, and to extend the deadlines for more than 7 days with the prior approval of the User.

5.8 The price of the goods, the main characteristics of the goods and the additional information to help make an informed choice when purchasing the product are stated for each item presented on the Site. www.danielbalakovphotography.com is not responsible for any inaccuracies in the description of the product that do not meet the essential characteristics and does not claim the completeness of the information provided. All prices listed on the site are in BGN, excluding VAT. If the item has several modifications, the price page for each of the modifications is listed on the page. No delivery price is included due to the specificity of online shopping of visual content on the Site.

www.danielbalakovphotography.com has the right at any time and without notice to make changes to published materials, services and prices. Some of the published materials may be outdated and www.danielbalakovphotography.com does not accept responsibility for updating them. Part of the information posted on the Site may refer to products, services or programs that are not available and are not currently available.

 

6. RECLAMATION AND RIGHT OF RETURN

6.1 The User has the right to refuse one or more of the goods ordered at the time of making the online order.

6.2 After finalizing the order, complaints are not accepted due to the specifics of online shopping of visual content on the Site.

6.3 If the product you received does not comply with the order, you are entitled to return regulation under the terms of the Consumer Protection Act (PPA).

6.4 For any information or questions, please contact our Customer Service by e-mail at: office.diagona12@gmail.com or by calling +359/887801680. We will be glad to provide you with all the information you want about our purchases and your order.

 

7. RESTRICTIONS

7.1 The User agrees that he will not:

  • engage in conduct that violates any law or infringes the rights of www.danielbalakovphotography.com or a third party.
  • violate any applicable laws or regulations relating to access to or use of the Site or engages in any activity prohibited by these Terms of Use.
  • infringe the rights of www.danielbalakovphotography.com or third parties (including the right to privacy and confidentiality) or abuse, disfigure, harass, or threaten someone.
  • formulate, transmit or otherwise give Content that is unlawful, harmful, threatening, abusive, anxious, injurious, libelous, vulgar, indecent, defamatory, violating the confidentiality of the other or unacceptable from the point of view of racial, ethnic or other reasons;
  • create advertising content of goods and services outside the Site, as well as publishing Internet addresses pointing to pages and services outside the Site, except where explicitly stated as permitted.
  • represent as a person or group of people, including but not limited to: a representative of www.danielbalakovphotography.com, a manufacturer's representative, etc., and otherwise mislead about his/her belonging to a group of people or an individual;
  • falsify headers or otherwise manipulate identification tools to hide the origin of Content transmitted through the Site;
  • Formulate, transmit, post or otherwise transmit Content that violates any patent, trademark, copyright, intellectual or other proprietary right ("Rights") of any party;
  • formulate, send, post or otherwise transmit unauthorized advertising materials, junk mail, spam, "chain letters" redirected with alias subdomains, "pyramid schemes" or other forms of attracting customers;
  • formulate, transmit, publish or otherwise transmit materials containing computer viruses or other computer codes, files or programs designed to interrupt, disrupt or restrict the functioning of computer software, hardware or telecommunication equipment;
  • prevent the provision of services on the Site or disrupt the operation of servers or networks related to the Services, to disregard the requirements, procedures, policy or provisions of networks related to the Site;

www.danielbalakovphotography.com reserves the right to limit and/or deny access to the Site to Users who once or systematically violate the requirements listed in Paragraph 7 written above.

www.danielbalakovphotography.com reserves the right to edit and remove information provided by the User in violation of the requirements listed in Paragraph 7 written above.

 

8. LIMITATION OF ACCESS AND SUSPENSION OF THE USE OF THE SITE

8.1 www.danielbalakovphotography.com may block, restrict, deactivate, suspend or terminate your access to all or part of the Site Content and/or www.danielbalakovphotography.com at any time at the discretion of www.danielbalakovphotography.com without prior notice or liability to you. Any conduct on your part that, in www.danielbalakovphotography.com sole discretion, restricts or impedes any other person or entity to use the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

 

9. LINKS TO THIRD-PARTY SITES

9.1 If the Site is accessible through a third-party platform or if www.danielbalakovphotography.com provides links from the Site to a third-party platform or allows any third party to connect from its platform to the Site, you also understand and you agree that www.danielbalakovphotography.com does not bear any warranty of any kind, expressed or implied, and does not bear any responsibility for the content or practices of such third parties or their platforms. Such platforms are not under the control of www.danielbalakovphotography.com, and www.danielbalakovphotography.com provides and/or allows these links only for your convenience. The inclusion of any link does not imply affiliation, approval or adoption of the relevant platform by www.danielbalakovphotography.com.

When using such a referral link, Users do not use a service provided by www.danielbalakovphotography.com and, after using the referral link, these Terms of Use are no longer valid.

www.danielbalakovphotography.com does not control these sites and assumes no responsibility for any of them and/or their content. Thus, www.danielbalakovphotography.com does not in any way impose or recommend these sites to the User nor the information published therein. The visit and all risks associated with it on such site are the sole responsibility of the User.

 

10. WARRANTIES AND DISCLAIMERS

10.1 Your use of the Site is at your own risk. The site is provided by www.danielbalakovphotography.com under these Terms of Use "as it is" without any additional warranties of any kind, either express, implied, statutory or otherwise. www.danielbalakovphotography.com expressly disclaims any and all warranty of any kind, whether express or implied, to each and any service offered by the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that may arise under any law. www.danielbalakovphotography.com does not declare that the materials or services on this Site are appropriate or accessible outside of Bulgaria and, accordingly, access to them from territories where their content is illegal is not permitted. Given the international nature of the Internet and that www.danielbalakovphotography.com is linked to this worldwide network, www.danielbalakovphotography.com does not guarantee that the flow of information to and from www.danielbalakovphotography.com will not be tracked and recorded by third parties. Without limiting the foregoing, www.danielbalakovphotography.com does not guarantee 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 immediately. www.danielbalakovphotography.com does not provide any representations or warranties that the Site will be permitted in your jurisdiction, that any of the content you provide will be available through the Site or will be stored on the Site, that the Site will meet your needs, or that www.danielbalakovphotography.com will continue to maintain, for an unlimited period, a peculiarity of the Site.

10.2 To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

 

11. INDEMNIFICATION

11.1 You agree to defend, indemnify and hold harmless www.danielbalakovphotography.com, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the www.danielbalakovphotography.com Content, or your violation of any rights of another.

 

12. MISCELLANEOUS

12.1 In the event of controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by the Parties in a spirit of understanding and, when this proves impossible, according to the Code of Civil Procedure and the applicable law in Bulgaria. Each party shall bear its own costs in the arbitration. www.danielbalakovphotography.com shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of www.danielbalakovphotography.com, such action is necessary or desirable.

12.2 These Terms of Use are governed by and shall be construed in accordance with the laws of the Republic of Bulgaria, without respect to its conflict of laws principles.

12.3 In the event of any conflict between these Terms of Use and any License Agreement you enter with www.danielbalakovphotography.com, the terms of such License Agreement shall control.

12.4 These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

12.5 The User agrees to the Terms of Use of the services of www.danielbalakovphotography.com, by pressing each link or button, located on the site of www.danielbalakovphotography.com (excluding the link to these Terms of Use), and is construed that he/she is familiar with the terms and conditions of use, accepts them and is committed to complying with them.

 

When purchasing a product that is the subject of copyright and/or patent rights, www.danielbalakovphotography.com does not grant any additional rights to use and distribute other than the explicit rights and/or licenses described by the manufacturer/distributor of the product.

All offered by www.danielbalakovphotography.com goods and services protected by copyright and related rights are available in its original form, packaging and carrier without any impact from www.danielbalakovphotography.com and under license and distribution rights given by the manufacturers and/or their distributors for Bulgaria.

 

Supervising Institutions

The Commission for the Protection of Personal Data

Address: 15 Ivan Evstatiev Geshov str., Sofia

Phone: 02/940 20 46

Fax: 02/940 36 40

Website: www.cpdp.bg

The Commission for the Protection of the Customer

Address: 4A Slaveykov sq., floor 3, 4 & 5, Sofia

Phone: 02/980 25 24

Fax: 02/988 42 18

Website: www.kzp.bg

The Commission for the Protection of the Opponent

Address: 18 Vitosha blvd., Sofia

Telephone: 02/935 61 13

Fax: 02/980 73 15

Website: www.cpc.bg

 

Alternative Dispute Resolution Authority within the meaning of Art. 181n, para. 4 PPAs are the Conciliation Commissions to the Consumer Protection Commission. In the event of an online dispute, you can also use the ORS website.

 

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