Terms Of Use

Y53 - Ermis Kontoudis, 37 Menandrou Street, Athens, Alimos, Greece, tel. +30 210 9812533, e-mail: info@y53.gr (hereinafter referred to as "Y53" or "we" "our" or "us") owns or controls, and provides access to the Y53 website, at the url www.y53.gr and all proprietary subdomains and services, software, data and materials accessed via the Website (the “Services"). The Website and the Services may be referred to hereby as “the Properties”.

 Y53.gr (“Website”) and all subdomains are owned and operated by “Ermis Kontoudis  (“Y53 - Ermis Kontoudis”), an Individual Company registered in Greece (Athens).

You may freely navigate the Website and enjoy its services at any time, however please bear in mind that by accessing Y53 Website, you agree to conform to the Terms of Use set forth hereby. By accessing Y53 Website, you acknowledge that you have read, understood and are bound by the following “Terms of Use” and our “Privacy Policy”. If you do not agree with all the present “Terms of Use” and/or our “Privacy Policy”, please stop using our Services and Properties.

Y53 reserves the right to freely change, add, remove any or all content and/or services as well as suspend, interrupt or limit access to the Website or its content or its services, or modify, amend, alter the present Terms of Use and/or its content and/or services, at any time and without notice at its discretion. You are responsible for reviewing such modifications, therefore you are advised to regularly check the Website for possible changes. If you do not approve of the new amended terms, you should abstain from using Y53 Website, otherwise your continued usage of the Website proves your acceptance of the amended “Terms of Use”. 

These Terms of Use do not grant to you any license to exploit the content of Y53 Website in any way. Its purpose is to inform you on your legal rights and obligations when you browse the Website.

If you simply wish to view the Content /Works of our platform, you do not need to register and create a user account. However, some of our services are provided only under the condition that you make a registration and create your user account. Therefore, if you are interested not only to view but in addition to use or otherwise exploit the works offered by this site you should read and conform to the Y53 LICENSE AGREEMENT and pay the respective fees following the product prices.

 

1. Description

Y53 is a digital library where you can find Images, Audio and Audiovisual works (Images, Audio and Audiovisual Works altogether may be mentioned herein after as “Content”). Y53, as a supplier of stock Content, functions like a virtual service offering non-exclusive or in some specific cases exclusive licenses authorising specific uses of the content.

 

2. Intellectual Property Rights (IPRs)

All content and Services on this Website (such works, software, information, material, logos, trademarks, patents, domain names, designs, graphics, pictures, photos, texts, videos, newsletters, copyright works, artworks, texts, multimedia etc), are protected by the National, European and International Intellectual Property Laws currently in force, and all relevant IPRs are exclusively owned by Y53 and/or third parties. 

You are not allowed to exploit (even partially) the IPRs and/or the content and/or services of the Website (all or parts of it) in any way, modify them, make derivative content with them, download or reproduce them or publish them or translate them, or publicly perform them or otherwise communicate them to the public or distribute them, anywhere in the world, in any form and/or way and/or manner (including social media, internet, press, etc). The use of the website is intended only for your private navigation.

The copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the IPRs and/or content and/or services of the Website, including the removal or alteration of advertising, is strictly prohibited. Exploiting any part of the above for a purpose that is not permitted by these Terms of Use is expressly prohibited.

 

3. Registration & Fees

You can access and navigate our Website at no cost and without registration. However, you will be asked to make a registration and create an account in case you want to use or otherwise exploit the content offered at our website SEE LICENSE AGREEMENT

If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website or other Properties using your name, user name or password in whole or in part.

 

4. User conduct and content

You must comply with the standing legislation (national, European and international) and not unlawfully or abusively use the IPRs and/or content and/or services of this Website. If you unlawfully or abusively use the IPRs and/or content and/or services of the website, and/or cause any damage to the systems of the Website or act in a way that harms the reputation of Y53 you will have to indemnify Y53, its representatives, employees, affiliates and contractors. In such case, Y53 is entitled to terminate the violation, prohibit its continuation and claim damages Y53 reserves the right to remove or delete any content at its discretion and to prohibit the use of the Website for any reason and without prior notice.

Y53 is not liable for the deletion or failure to store Content, communications or personal settings and does not guarantee that the function of its services will be uninterrupted and without errors or viruses function of its services or that the deficiencies of the system will be corrected.

 

5. Linking

Y53 Website may provide you with links to third party websites. Since Y53 does not control these websites, you agree that Y53 is not responsible for their content, accuracy or legality. Y53 is not associated and does not support or approve the content of these links. You understand that by accessing third party websites you do it at your own risk and that Y53 is not liable for any damage caused to you from accessing such websites. Y53 accepts no responsibility for the content and/or conduct of other websites. 

Y53 is entitled to refuse linking to its website regarding third parties who have adopted or intends to adopt unfair practices towards Y53 or have acted in way that constitutes unfair competition.

 

6. Intellectual Property Ownership - Restrictions on the use related to IPRs.

The past, present and future content of the Y53 site, including without limitation, all intellectual property rights, such as copyright works, software, logos, trademarks domain names, designs, graphics, pictures, photos, texts, newsletters, etc and any and all copyright material and all other materials and intellectual property rights related to the Properties (collectively “Content”) are the property of Y53 and are governed by the relevant existing national, European and international intellectual property laws. No rights in or to the Content are granted to you. Therefore the copying, reproduction, re-arrangement, sale, leasing, renting, lending, distribution, redistribution, modification or adaptation, downloading, side-loading, exchanging, creating of derivative works, uploading, posting, transmitting, communication to the public or publication by you, directly or indirectly, of the Content and/or the Properties, including the removal or alteration of advertising, is strictly prohibited. Exploiting any part of the Content for a purpose that is not permitted by these Terms of Use is expressly prohibited.

You are not allowed to download the Content or reproduce it in any way and in any medium or public perform them or otherwise communicate or distribute it to the public. Such uses presuppose the written and expressed approval of our Website. If you wish to proceed with such action (download, reproduction, communication to the public or distribution of the Content, you need to read and accept (enter into) the relevant License Agreement.

 

7. IPRs complaints

Y53 respects intellectual property. We aim to respond any claim that the content and/or Content posted or uploaded infringes intellectual Property rights of any person. In order to be able to respond to your claims, please contact us by mail at the address or by phone at +30 210 9812533 or by e-mail at info@y53.gr. In your notice you are asked to include a detailed description of the alleged infringement in a way that Y53 will be in position to identify material. Your notice should be properly signed and your contact details should be included. Please, bear in mind that you may be asked to pay damages (including costs and attorney’s fees) if you have intentionally mislead Y53.

 

8. Release and Indemnity-Disclaimers

Without limitation to anything else set forth in the present “Terms of Use”, you understand and agree that Y53 further limits its liability in connection with your use of its services/Website as set forth below: 

The Properties, including, without limitation, all Content and functions made available on or accessed through or sent from the website, are provided "AS IS," "as available" and "with all faults". Y53 and its parents, subsidiaries, subdomains and affiliates make no representation or warranties or endorsements of any kind whatsoever (express or implied) about: 

  1. the Properties; 
  2. the Content provided through the Properties;
  3. the functions made accessible on or accessed through the Properties;
  4. the content and information sent from or through the properties by users;
  5. any products or services offered via the website or hypertext links to third parties; and/or
  6. the treatment of any information, content, material or data transmitted by users to the Properties;
  7. security associated with the transmission of information through the properties or any linked site.  

Y53 is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore Y53 does not warrant that the Properties, any of the Properties' functions or any Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.
 
Under no circumstances shall Y53, its parent, subsidiaries, subdomains or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to 
  1. the Properties, the Content, or your upload information; 
  2. the use of, inability to use, or performance of the Properties or any of the Content or features thereon;
  3. any action taken in connection with an investigation by “Y53 - Ermis Kontoudis” or law enforcement authorities regarding your use of the Properties or Content;
  4. any action taken in connection with copyright or related rights owners;
  5. any errors or omissions in the Properties' technical operation, (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Properties). 
 
 “Y53” is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
 
Your access to and use the Properties is at your own risk. If you are dissatisfied with the Properties or any of the Content, your sole and exclusive remedy is to discontinue accessing and using the Properties or the Content.
 
You recognise and confirm that in the event you incur any damages, losses or injuries that arise out of Y53 acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by Y53 and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Y53 web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto.
 
 
9. Termination
 
Y53 reserves the right to terminate any user`s account and/or delete, move or edit any of your uploaded information-content, in whole or in part, and/or take such other action as Y53 sees fit in relation to any user, for any reason, especially in case of a breach of Y53 s acceptable use policy or any of the other terms set forth herein or in our Privacy Policy, and /or proceed thereafter with court actions if necessary. 

 

Y53 reserves the right to restrict, suspend, deny or terminate access to all or part of the Website or any Service and to deny access to any person in its sole discretion without notice or liability of any kind. Y53 reserves the right to refuse service to anyone for any reason at any time.

Y53 reserves the right to suspend or terminate your access to the Website and pursue all legal remedies if we believe your uploaded content (Upload Information or user`s content) infringes another's rights or otherwise violates any law, rule or regulation.

 

10. Miscellaneous

In case any of the provisions of this Terms of Use is found to be invalid, it shall not affect the validity of the other provisions that will remain in force.

Y53 may transfer its rights without any third party`s consent.

The Parties have agreed to all of the terms and conditions contained in this Agreement.

The content provided through the present Website cannot be considered as advice, encouragement, suggestion, instruction or guidance to the users to act or to omit. It is at the discretion of the users to act at their own will discharging Y53 from being liable, as defined above.

The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect. 

 

11. Jurisdictional issues

The present Terms of Use and their interpretation shall be governed by and construed in accordance with the laws of Greece and the Courts of Athens are competent as regards any dispute arising out of these Terms of Use.