Terms & conditions
1. Purpose and scope
1.1. These Terms and Conditions (the «Terms») govern access to and use of the website www.hugorosa.pt (the «Website»), as well as the delivery of photographic and audiovisual content through the client area.
1.2. The Website is operated by Hugo Rosa, as holder of the rights in the content published therein (the «Owner»), who may be contacted at contacto@hugorosa.pt.
1.3. Accessing the Website confers the status of user (the «User») and entails full and unreserved acceptance of these Terms as in force at the time of access.
2. Definitions
2.1. «Content»: all photographs, films, texts, trade marks, logotypes and other materials made available on the Website.
2.2. «Client Area»: the private environment, accessible by credentials, in which content resulting from contracted services is made available to the Client.
2.3. «Client»: the natural or legal person to whom the Owner has issued credentials for the Client Area.
3. Intellectual property
3.1. The Content constitutes protected work under the Portuguese Code of Copyright and Related Rights (Decree-Law no. 63/85 of 14 March, as amended) and other applicable legislation.
3.2. All economic and moral copyright in the Content belongs to the Owner, save where expressly agreed otherwise in writing.
3.3. The User is expressly prohibited from reproducing, distributing, communicating to the public, transforming, editing, removing watermarks from or otherwise exploiting the Content, in whole or in part, without the Owner's prior written authorisation.
3.4. Making Content available in the Client Area does not assign or transfer any copyright; it confers only the licence set out in clause 4.
4. Licence granted to the Client
4.1. Save where otherwise agreed in writing, the Owner grants the Client a non-exclusive, non-transferable licence, without the right to sub-licence, to use the Content delivered to them exclusively for personal, non-commercial purposes.
4.2. That licence includes, in particular, reproduction for personal archiving, printing for domestic use and publication on the Client's personal social media profiles.
4.3. Any commercial, advertising, promotional or institutional use, as well as any transfer to third parties, requires a separate licence to be agreed in advance and in writing, and may be subject to additional consideration.
4.4. The Client undertakes not to alter the Content in any way that affects the integrity of the work or the reputation of its author, pursuant to article 56 of the Code of Copyright and Related Rights.
5. Client Area and access credentials
5.1. Access credentials are personal, confidential and non-transferable; the Client is solely responsible for keeping them secure and for any use made through them.
5.2. The Client undertakes to notify the Owner without undue delay of any unauthorised use or suspected compromise of their credentials.
5.3. The Owner reserves the right to suspend or terminate access to the Client Area in the event of breach of these Terms, misuse of credentials or failure to comply with contractual obligations.
5.4. Content remains available in the Client Area for as long as the account is active. The Owner will endeavour to give prior notice of removal, and Clients are advised to keep their own copy after downloading.
6. Provision of services
6.1. The specific terms of each service, namely date, location, duration, number of items to be delivered, delivery deadlines and price, are agreed individually and recorded in writing, including by electronic mail.
6.2. Where performance is prevented by force majeure or by adverse weather in outdoor sessions, the parties shall agree a new date at no additional cost.
6.3. The Owner reserves the right to decline services whose subject matter is contrary to law, public policy or accepted principles of morality.
7. User obligations
7.1. The User undertakes to use the Website in accordance with the law, these Terms and good faith, and to refrain from any conduct liable to damage, overload or impair the proper functioning of the Website or the rights of third parties.
7.2. Automated collection, extraction or indexing of Content without the Owner's express authorisation is prohibited.
8. Limitation of liability
8.1. The Owner uses reasonable endeavours to ensure the availability and proper functioning of the Website, but does not warrant the absence of interruptions, errors or unavailability, including those arising from maintenance or from causes attributable to third parties such as the hosting provider.
8.2. The Owner shall not be liable for indirect damage, loss of profit or loss of data resulting from use of or inability to use the Website, save in cases of wilful misconduct or gross negligence.
8.3. This clause is without prejudice to any rights the User may have as a consumer under mandatory applicable law.
9. Third-party links
9.1. The Website may embed audiovisual content hosted on third-party platforms. Playing such content establishes a connection to those platforms' servers and is subject to their own terms and policies, for which the Owner is not responsible.
10. Amendments
10.1. The Owner reserves the right to amend these Terms at any time, such amendments taking effect upon publication on the Website with an indication of the date of the latest update.
11. Governing law and jurisdiction
11.1. These Terms are governed by Portuguese law.
11.2. The Portuguese courts shall have jurisdiction over disputes arising from the interpretation or performance of these Terms, without prejudice to the User's right, as a consumer, to refer the matter to the alternative consumer dispute resolution bodies established under Law no. 144/2015 of 8 September.
12. Contact
12.1. Any request for clarification concerning these Terms should be addressed to contacto@hugorosa.pt.