Terms of Use
GENERAL TERMS OF BUSINESS FOTOBAZA.BA
Introduction
Fotobaza.ba represents a website with the following address: www.Fotobaza.ba. Namely, a web platform (hereinafter: Fotobaza.ba) for advertising and downloading content that a legal or natural person as the owner of the content and/or copyright holder on the content publishes on Fotobaza in their own name (hereinafter: Content Provider), or which content a legal or natural person downloads from Fotobaza as a Content Recipient (hereinafter together: User).
Goal, Purpose, and Role of Fotobaza.ba
(1) The primary goal of "Foto baze" is the promotion, advertising, and making available photographs of Content Providers in one virtual place accessible to a larger number of people without physical presence, which can be used by Content Recipients for private, media, commercial, or non-commercial purposes.
(2) The website Fotobaza.ba represents a virtual space for the promotion, advertising, and downloading of photographs exclusively owned by UG eTrafika, on which it offers Content Providers the opportunity for free advertising of photographs and connecting Content Providers with Content Recipients, whereby all Users are responsible for the truthfulness, accuracy, credibility, and legality of all their posts and statements on Fotobaza.ba. Accordingly, all photograph posts and the results of their downloading and further use are, from the perspective of BiH laws that protect copyrights, the exclusive responsibility of the Content Provider and Content Recipient.
Acceptance of General Terms of Business Fotobaza.ba
(1) A necessary condition for using Fotobaza.ba, its content, and photographs on Fotobaza.ba is the full acceptance of the General Terms of Business Fotobaza.ba (hereinafter: General Terms) which regulate the conditions, manner, and procedure for using the platform and the platform's content Fotobaza.ba, and define the rights and obligations of Users and visitors to the website, complaints, liability, compensation for damages, and other matters.
(2) Any use and visit to the website Fotobaza.ba, User registration, or acting in the capacity of Content Provider or Content Recipient, is considered full and irrevocable acceptance of the General Terms and familiarity with their content. By accepting the General Terms, you irrevocably declare and guarantee that you have legal capacity, that you are legally able, and that you are authorized in your own name to accept the General Terms.
(3) It is not permitted for a User to use Fotobaza.ba, its content and services, on behalf of or for the needs of another legal or natural person, and Fotobaza.ba does not bear and cannot bear any negative consequences that may arise from such a relationship, regardless of whether it is based on real or false, or legal or illegal grounds.
(4) During the use of Fotobaza.ba, the General Terms stated here apply, as well as all applicable and enforceable laws on the territory of Bosnia and Herzegovina, according to the seat of UG eTrafika. Fotobaza.ba reserves the right to change the content of the General Terms at any time and without prior notice, whereby the changes take effect at the moment of publication on the website Fotobaza.ba and as such apply to all previous and future Users/visitors of Fotobaza.ba.
(5) Fotobaza is not obligated to send individual notifications about changes to the General Terms, which is why we recommend regularly monitoring this section on Fotobaza.ba.
(6) The General Terms state the date of validity of the General Terms, i.e., the date from which the General Terms are considered in force and applicable.
Ownership of the Website Fotobaza.ba and Its Content
(1) The website Fotobaza.ba is owned by the Citizens' Association eTrafika.net, with its seat at Kralja Petra I Karađorđevića 109, 78 000 Banja Luka (hereinafter: UG eTrafika).
(2) Unless otherwise stated, the entire content on the website, including the conceptual solution, text, graphics, data, sound, illustrations, their selection and arrangement (hereinafter together: content), is owned by UG eTrafika. Unless otherwise stated, Fotobaza.ba is neither the author nor the owner of the photographs published on Fotobaza.ba, and by accepting the General Terms, the Content Provider accepts that they are the owner and/or author of the photographs they publish, irrevocably accepts responsibility, and irrevocably releases Fotobaza.ba from liability regarding all claims of other Users and third parties towards the published photographs of the Content Provider — especially claims with judicial and financial consequences.
(3) Fotobaza.ba independently decides on the manner of advertising photographs of each individual User (classifying the photograph into the appropriate category, photograph size, and its location on Fotobaza.ba), which includes the possibility of refusing to advertise a specific photograph in accordance with defined rules or the discretionary assessment of Fotobaza.ba. The Content Provider has the right to request the removal of the photograph they advertised on Fotobaza.ba.
(4) The content of Fotobaza.ba is subject to copyright protection and laws relating to the protection of intellectual property, and may not be used without the explicit written approval of UG eTrafika, nor may references or links to/on Fotobaza.ba be made without the explicit written approval of UG eTrafika.
(5) UG eTrafika reserves the right to modify the content on the website Fotobaza.ba at any time and without prior notice, in any way and for any reason, and is not responsible for any possible consequences arising from such changes.
Users and Their Registration
(1) Only a registered User has the right to advertise and download photographs on the website www.Fotobaza.ba and use them for the purpose/intent for which they were downloaded, in accordance with the General Terms.
(2) Fotobaza.ba is not a seller, buyer, nor an intermediary in the sale or purchase of photographs of the Content Provider, nor is it a buyer nor an intermediary in the purchase of photographs on behalf of and/or for the account of the Content Recipient, which is why Users, visitors to the website www.Fotobaza.ba, and all third parties are informed that Fotobaza.ba and UG eTrafika do not offer the sale, purchase, download, or exchange of any photograph advertised on the website Fotobaza.ba, but this is done exclusively and only by registered Users of Fotobaza.ba.
(3) Fotobaza does not charge any fee for advertising, promotion, or downloading photographs on the website www.Fotobaza.ba, nor does it calculate a commission per downloaded photograph. Also, Fotobaza.ba does not pay any fee for advertising photographs on the website www.Fotobaza.ba.
(4) Fotobaza.ba calculates and charges costs it incurs based on downloading the photograph and calculating and transferring the price demanded by the Content Provider, which relate to administering the account/portfolio of the Content Provider and Content Recipient through recording transactions, transferring funds to the Content Provider's account, banking and administrative service costs.
(5) Fotobaza.ba charges for services in accordance with the current price list available to all Users.
(6) Fotobaza.ba may establish subscriptions, special offers, and conditions for advertising, promoting, and downloading photographs, which will be defined by special packages in which the conditions will be clearly defined.
(7) By registering on Fotobaza.ba, the User agrees:
— that by advertising a photograph on Fotobaza.ba, they assume the role of advertiser of the photograph, as a result of which they independently bear responsibility for all direct and indirect consequences that arise or may arise based on advertising and downloading the photograph,
— that Fotobaza.ba does not participate in advertising and downloading photographs nor is it a participant in any transaction related to advertising, downloading, and paying for the photograph, and that Users use Fotobaza.ba only as an internet platform for realizing their orders, i.e., for realizing advertising, downloading photographs, and related accompanying activities,
— that by advertising a photograph and offering its download (with or without payment of a monetary fee), they confirm that they have all necessary authorizations for that and in that regard are responsible for the legality, truthfulness, and credibility of the statements, and bear all responsibility, both criminal and civil, for providing false statements, i.e., advertising and selling contrary to positive regulations in Bosnia and Herzegovina,
— that the persons maintaining Fotobaza.ba as well as UG eTrafika are not responsible for damages that may occur due to errors that are possible during automatic or manual data processing or their display,
— that Fotobaza.ba sends email messages to its users about news on the site, with Users being able to disable the use of this option via their profile on Fotobaza.ba,
— that the username (User's name) may be changed by Fotobaza.ba if Fotobaza.ba deems the change necessary, with notification to the User,
— that Fotobaza.ba may delete all data about the photograph and the User if they are invalid, according to the discretionary assessment of Fotobaza.ba,
— that Fotobaza.ba will not be used for advertising the same photograph under different profiles, or for advertising photographs on different profiles stating the same contact information,
— that they will fully respect and apply all decisions of Fotobaza.ba,
— that their user profile and data cannot be deleted without confirmation of profile ownership and approval of Fotobaza.ba. The user profile can be deleted after the expiration of a period of 30 working days from the moment of confirmation of ownership over the user profile,
— that they will provide Fotobaza.ba with evidence of ownership, copyright, or other rights over the photograph or corresponding authorization necessary for advertising, downloading, and paying for the photograph, if requested,
— that the amount of funds in the account opened with Fotobaza.ba can only be used on Fotobaza.ba,
— Users agree that all contacts take place exclusively at their own risk, and irrevocably accept that Fotobaza.ba has no responsibility and/or obligation for any harmful consequences that arise from the actions of Users.
Advertising and Downloading Photographs
(1) When advertising a photograph, the Content Provider authorizes Fotobaza.ba to attach certain information and data to the photograph that it deems necessary, which will be provided by the appropriate form on the website www.Fotobaza.ba.
(2) Fotobaza.ba is committed to providing Users and all visitors with the most professional service, for which it reserves the right to delete or not advertise photographs (without liability and explanation to the Content Provider) that it believes do not belong on Fotobaza.ba. The aforementioned right, Fotobaza.ba will apply especially in the following situations:
— if it is a duplicate photograph (identical photograph advertised on Fotobaza.ba) or giving the same name to all or a larger number of photographs,
— when the User violates ownership rights, copyrights, and/or other intellectual property rights,
— when the photograph may cause damage and/or in any way violate ownership or intellectual property rights of another person,
— when the photograph contains discriminatory aspects or elements not permitted and prohibited by laws in Bosnia and Herzegovina,
— when the photograph is in any sense offensive to Fotobaza.ba, its Users, and visitors to www.Fotobaza.ba,
— when the ad in any way undermines the quality of the content of Fotobaza.ba.
(3) The Content Provider, when advertising a photograph, depending on the theme the photograph covers, determines the photograph's affiliation to one or more categories that will be provided by the appropriate form on the website www.Fotobaza.ba.
(4) Advertising the photograph, and classifying the photograph into a certain category that determines the purpose/intent of using the photograph (with or without payment of a fee, i.e., payment of price), is done based on the order of the Content Provider through the appropriate form on the website www.Fotobaza.ba. As the purpose/intent of using the photograph they advertise, the Content Provider can mark:
— free for free use for all purposes/intents,
— use for media purposes/intents and non-commercial purposes/intents,
— use for commercial purposes/intents.
(5) Fotobaza.ba has the right, without prior consent of the Content Provider, to enter new, modify, or delete existing data relating to the advertised photograph, change or add the photograph's affiliation to one or more categories.
(6) The User who wishes to download a photograph gives their order in that direction through the appropriate form on the website www.Fotobaza.ba. If the Content Provider requires payment of a fee for downloading the photograph, the amount of the fee will be displayed.
(7) The given order for downloading the advertised photograph is irrevocable, regardless of whether the download is with or without the obligation to pay a fee. In the event that the User, through no fault of their own, cannot download the photograph, the User will be refunded the funds paid or will be allowed to download another photograph without paying a fee.
Use and Protection of Personal and Other Data
(1) When using the site Fotobaza.ba, Users are obligated to use accurate and precise data. Fotobaza.ba does everything to ensure the protection of personal and other data (name and surname, email, phone number, account number, location, IP address, amount of funds in the account, etc.) of Users, and the data will be used only for the purpose of connecting Content Providers and Content Recipients, Users among themselves, and payments and obligations to competent authorities.
(2) For the purpose of advertising and downloading photographs, the User is obligated to register on Fotobaza.ba and fill in the requested data at that time. The User is responsible and guarantees the truthfulness, accuracy, and timeliness of the filled data, and Fotobaza.ba bears no consequences that are the result of the User's error or negligence regarding the truthfulness, accuracy, and timeliness of the filled data.
(3) By registering on Fotobaza.ba, the User consents to the General Terms, and at the same time explicitly and irrevocably declares that they agree that the personal data provided in the registration process be entered into the personal data collection maintained by UG eTrafika, and simultaneously allows the processing of the mentioned personal data for the purpose of operating the email sending system, payments, and records. The personal data processor undertakes to use the provided personal data only for the purpose for which they were obtained and guarantees that user data will not be disclosed to third parties, except in cases prescribed by applicable laws in Bosnia and Herzegovina.
(4) Fotobaza.ba will not process User data for commercial purposes, except for the needs of Fotobaza.ba, and may process User data for the needs of improving the site's functionality and its advancement.
(5) Users' personal data will be processed and handled in accordance with the Law on Personal Data Protection. Every former User has the right to submit a request to delete their personal data upon termination of User status on Fotobaza.ba, unless deleting the data would prevent the fulfillment of legal or law-based obligations of Fotobaza.ba.
(6) Fotobaza.ba is not responsible if the User themselves discloses their data to third parties by providing username and password (user name and password) or makes those data available in another way.
(7) By registering on Fotobaza.ba, the User consents that User data or data relating to the User (excluding personal), which are in the possession of Fotobaza.ba, be available for inspection to all who are interested in them. The User of Fotobaza.ba agrees that their email address and/or phone number be used by Fotobaza.ba for the purpose of sending notifications related to the use or functions of Fotobaza.ba, especially for the purpose of delivering invoices and notifications related to their activities or status on Fotobaza.ba or the photograph advertised or downloaded by the seller.
(8) By registering on Fotobaza.ba, the User consents to receiving promotional and/or other notifications via email, SMS, and/or other means of communication, which can be used based on the given email address and phone number.
Protection of Ownership, Copyright, and Intellectual Property Rights
(1) UG eTrafika and Fotobaza.ba have zero and promote zero tolerance regarding violation or abuse of ownership, copyright, and intellectual property rights and generally illegal conduct, and Users (visitors) of the website Fotobaza.ba, as well as other legal and natural persons, can report violation or abuse of ownership, copyright, and intellectual property rights via the following email address: info@fotobaza.ba
(2) Users must not do anything that is illegal, misleading, fraudulent, or done for illegal or unauthorized purposes.
(3) It is prohibited to publish others', private, and confidential photographs, as well as photographs that violate ownership, copyright, and intellectual property rights.
(4) By advertising a photograph, the Content Provider irrevocably and under full material and criminal responsibility, declares that they possess the necessary rights and authorizations for advertising and offering the download of the photograph, and that the website www.Fotobaza.ba represents only, and exclusively only, a platform through which the Content Provider realizes such rights and authorizations.
(5) The Content Provider agrees, and the Content Recipient accepts, that by downloading the photograph, the Content Recipient acquires only the right to use the photograph for the purpose/intent for which the photograph was downloaded, and that it cannot be used for other purposes/intents nor by third parties. By downloading the photograph, the Content Recipient does not acquire any other rights.
(6) Fotobaza.ba does not change, alter, or in any other way modify the photographs that the Content Provider advertises nor is responsible if the Content Provider or some third party did so previously, with or without the knowledge of the Content Provider, before advertising the photograph on Fotobaza.ba.
Payments, Tax, and Other Financial Obligations
(1) The Content Provider may require payment of a certain price for downloading the advertised photograph, which after downloading can be used only for the purpose/intent determined by the General Terms.
(2) If payment of a certain price is required for downloading the advertised photograph, the price will be expressed in convertible marks, including tax. If the User requires or it is necessary that the payment related to downloading the photograph or transaction related to the User's account on Fotobaza.ba be made in a currency different from the Convertible Mark, if Fotobaza.ba accepts performing such a transaction, the User is responsible for all currency conversion costs and associated costs related to the transaction.
(3) Offers and prices for special actions and discounts apply to photographs listed in such actions and discounts, and are valid under the conditions and until the expiration of the deadline stated in such actions and discounts.
(4) Any use of the photograph outside the purpose/intent for which it was downloaded authorizes Fotobaza.ba to apply appropriate measures to such Content Recipient in accordance with the General Rules, not excluding financial sanctions in accordance with the tariff/price list. If the photograph downloaded by the Content Recipient is used by third parties, without the consent of the Content Provider and Fotobaza.ba, with explicit or implicit consent/knowledge of the Content Recipient, such use is considered a violation of the General Terms by the Content Recipient.
(5) By downloading the photograph via the website www.Fotobaza.ba, between the Content Provider and the Content Recipient, agreement and will are reached that the Content Provider advertises, and the Content Recipient downloads a precisely determined photograph in a precisely determined number of copies for a precisely determined purpose/intent of use, in accordance with the General Terms.
(6) The Content Recipient acquires the right to download the photograph after payment and verification of payment of the photograph's price.
(7) Users' monetary funds are recorded in the account with Fotobaza.ba, which is automatically formed upon User registration. If the User violates the General Terms, deletes the account, stops using or does not use the services they paid for (e.g., special offers, promotional packages, subscriptions, discounts, and similar), Fotobaza.ba will not, nor is obligated to, pay out, return, or refund the funds that were in the account with Fotobaza.ba up to that moment, i.e., to pay out, return, or refund funds for the unused part of the service.
(8) Users are responsible for financial, tax, and related administrative obligations that arise or may arise based on the use of the website Fotobaza.ba, i.e., advertising and downloading photographs.
(9) Fotobaza.ba will, upon request of competent authorities, grant access to all data arising from the use of Fotobaza.ba by Users.
Exclusion of Users, Compensation for Damages
(1) Fotobaza.ba reserves the right to exclude from further use of Fotobaza.ba or sanction a User who in any way:
— violates the General Terms,
— disrupts the operation or functioning of Fotobaza.ba,
— insults the rights of Users and visitors of Fotobaza.ba,
— endangers or undermines the reputation of Fotobaza.ba,
— abuses published data or in any way unauthorizedly uses Fotobaza.ba,
— copies content published on Fotobaza.ba, excluding photographs of which they are the author, and publishes in/on some other medium or place,
— creates links to Fotobaza.ba without authorization from Fotobaza.ba or in a way that endangers or undermines the stability and functioning of Fotobaza.ba,
— lobbies Users of Fotobaza.ba for advertising on similar sites or in other media, by contacting them in any way and offering them services contrary to the interests of Fotobaza.ba,
— creates or uses duplicate user profiles on Fotobaza.ba,
— on other websites, media, and other visually perceptible places unauthorizedly presents themselves under the name Fotobaza.ba (all combinations indicating the use of the same name),
— incites and spreads racial, national, or religious hatred,
— registers and presents themselves, publishes and downloads photographs under false, non-existent, others', and/or in any way inaccurate data, especially relating to data on location, IP addresses, phone number, and email address,
— unauthorizedly presents themselves on behalf of Fotobaza.ba, Fotobaza.ba administration, and its employees,
— does not respect notifications, rules, warnings, and restrictions stated on Fotobaza.ba.
(2) Fotobaza.ba, in addition to excluding the User, may require compensation for incurred damage or lost profit. The User agrees that Fotobaza.ba, in accordance with its own assessment made based on the evaluation of the severity and type of the User's violation, may collect the caused damage or lost profit from the funds of the excluded User that are in the account with Fotobaza.ba, which, among other things, may be realized by advertising photographs.
(3) In the event of Fotobaza.ba's assessment that certain visitors are disrupting or endangering the security or functioning of the website, it has the right to block their access to Fotobaza.ba.
Disclaimer Related to www.Fotobaza.ba
(1) Fotobaza.ba does not guarantee:
— accuracy, completeness, and/or truthfulness of statements with advertised photographs,
— authorization and conscientiousness of Users based on advertising and downloading photographs,
— correctness, completeness, and accuracy of Users' personal data, which they used correctly in business,
— that the website Fotobaza.ba will not have errors and/or that it will function without interruption at every moment.
(2) Fotobaza.ba, to the maximum legally permitted liability, disclaims any responsibility, damage, loss, or injury that may arise directly or indirectly due to:
— use of the website www.Fotobaza.ba,
— use of other websites to which or from which links may lead from/to the website www.Fotobaza.ba,
— information on the website www.Fotobaza.ba posted by Users or third parties,
— actions of Users of the website www.Fotobaza.ba,
— actions taken or not taken in relation to information on the website www.Fotobaza.ba,
— use, inability to use, or abuse of the website www.Fotobaza.ba,
— use of other websites where content is unauthorizedly presented on behalf of Fotobaza.ba,
— use of sites not under the domain www.Fotobaza.ba, where content is unauthorizedly presented on behalf of Fotobaza.ba, by copying the page www.Fotobaza.ba visually, or in any other sense Fotobaza.ba cannot bear responsibility for any content displayed on third-party pages to which it may allow occasional access.
(3) Fotobaza.ba does not accept responsibility nor guarantee for any photograph advertised, downloaded, and paid via Fotobaza.ba as an internet platform for advertising, downloading, and exchanging photographs, especially including the accuracy and credibility of ownership and copyrights over any photograph, accuracy and/or truthfulness of the description, honesty and conscientiousness of Users, and Users' readiness to conduct the transaction.
(4) Fotobaza.ba may contain links to other websites, but does not respond for services, goods, or products reached through Fotobaza.ba in that way. Any such access cannot be interpreted in the sense of representing a connection with Fotobaza.ba, nor support for such sites by Fotobaza.ba.
(5) The website www.Fotobaza.ba may occasionally be unavailable due to various technical problems and maintenance.
(6) All legal complaints or proceedings related to advertised photographs on the website www.Fotobaza.ba, based on violation of any ownership right or copyright or intellectual property right, cannot relate to Fotobaza.ba and UG eTrafika, but to the User who advertised the photograph, and Fotobaza.ba and UG eTrafika are not responsible for any legal proceeding or complaint based on violation of any ownership right or copyright or intellectual property right, considering that Fotobaza.ba is not the author of such ad/advertised photograph, nor the Content Provider, nor the distributor of the advertised photograph.
Complaints and Notifications for Third Parties and Visitors
(1) Third parties, users, and visitors are informed that the website www.Fotobaza.ba and UG eTrafika, in accordance with these General Terms of the provisions of Article 23 of the Law on Electronic Legal and Business Transactions (Official Gazette of BiH No. 88/2007), bear no responsibility for information entered by Users of www.Fotobaza.ba, to which information Fotobaza.ba, i.e., UG eTrafika, only provides access.
(2) Third parties, users, and visitors to the website www.Fotobaza.ba are informed that by the provisions of Articles 25 and 27 of the Law on Electronic Legal and Business Transactions, Fotobaza.ba, i.e., UG eTrafika, are exempt from any form of responsibility:
— for searching content on the virtual advertiser and obtained information on query,
— for temporary (transient) storage — Caching,
— for storing foreign content — Hosting at the User's request,
— enabling access to third-party information – Linking.
(3) Third parties are informed that in accordance with these General Terms, the defined goal, purpose, and role of Fotobaza.ba, all possible disputes from relations between Users or relations between Users and third parties arising due to the truthfulness of data about the User, ad content (photograph), photograph price, ownership, copyright, and other rights over the photograph that is the subject of advertising, downloading, and payment, are resolved exclusively between Users, i.e., Users and third parties. Fotobaza.ba does not respond for any form of damage to third parties or the User, arising as a consequence of such mutual relations between Users or relations between User and third party.
(4) Users and third parties are informed that Fotobaza.ba is not able to allow access to personal data without an order/request from an authorized body, i.e., consent of the personal data owner.
Dispute Resolution and Court Jurisdiction
(1) The parties will attempt to resolve all claims and disputes amicably and peacefully.
(2) In the event of a court dispute, the competent court is in Banja Luka.
Banja Luka, October 11, 2021
All rights reserved.
