Right to Image Policy

Imago Moments — Version 1.0. This is a translation of the Romanian original; in case of any discrepancy, the Romanian version prevails.

Chapter I: General provisions

Art. 1. Purpose of the document

(1) This Right to Image Policy governs the conditions under which the images of natural persons may be collected, uploaded, stored, processed, distributed and accessed through the Imago Moments platform.

(2) This policy supplements the Terms and Conditions and the Privacy Policy, without replacing them.

(3) The right to image is a right distinct from the right to the protection of personal data and benefits from its own legal protection in accordance with the provisions of the Civil Code and other applicable regulations.

Art. 2. Purpose of the platform

Imago Moments is a technological platform intended for the management and distribution of photographs taken during private or professional events.

The platform does not organize events, does not take photographs and does not determine the persons who are to be photographed.

The operator provides exclusively the technological infrastructure necessary for uploading, storing, organizing, processing and distributing the content uploaded by users.

Chapter II: General principles regarding the use of images

Art. 3. Respecting the rights of persons photographed

Users are obliged to respect the rights of the persons captured in the photographs uploaded to the platform.

Uploading and using images must be carried out in compliance with:

• the right to image;
• the right to private life;
• the right to dignity;
• the right to reputation;
• personal-data-protection legislation;
• any other rights recognized by law.

Art. 4. User responsibility

The person who uploads or distributes images through the platform is solely responsible for the legality of their use.

The operator cannot and does not individually verify the existence of the agreements necessary for each uploaded photograph.

Chapter III: User declarations and warranties

Art. 5. Warranties regarding content

By uploading a photograph to the platform, the user declares and warrants that:

• they hold all rights necessary to upload and use the photograph;
• they are authorized to use and distribute the image of the persons captured in the photograph;
• they have obtained all agreements and authorizations required under applicable legislation;
• the use of the image does not infringe the rights of any person;
• the photograph is not used in a manner that harms the dignity, honour or reputation of the persons photographed.

Art. 6. Obligation to keep evidence

Users are obliged to keep and to be able to present, at the request of the competent authorities or interested persons, the documents and evidence justifying the legality of the use of the images.

Chapter IV: Private events

Art. 7. Weddings, baptisms and anniversaries

The platform is intended, among other things, for managing content produced at weddings, baptisms, anniversaries and other private events.

Users understand and accept that the operator does not participate in the organization of these events and cannot control the persons photographed, the manner in which the photographs are taken, or the agreements obtained by the participants.

Art. 8. The role of the organizer

The event organizer is responsible for complying with the legal obligations regarding the use of the participants’ images and for informing them, to the extent that applicable legislation imposes such obligations.

Chapter V: Images of minors

Art. 9. Protection of minors

The platform may be used for events at which minors are photographed.

Users declare and warrant that they hold all agreements and approvals necessary from the parents, guardians or legal representatives of the minors, to the extent that these are required by law.

Art. 10. Liability regarding images of minors

All responsibility regarding the legality of the use of the images of minors belongs to the person who uploads, distributes or administers the respective content.

Chapter VI: Distribution and sharing of content

Art. 11. Access to photographs

The platform allows photographs to be accessed and distributed to the persons authorized by the account holders.

The account holder is responsible for the persons to whom they grant access and for the subsequent use of the photographs by them.

Art. 12. Subsequent distribution

The operator cannot control and is not liable for the subsequent distribution of images carried out by users or by the persons to whom they have granted access.

Chapter VII: Facial-identification features

Art. 13. Biometric features

The platform may make available to users optional features for identifying the photographs in which they appear.

These features are intended exclusively for identifying the photographs relevant to the user and do not confer any additional right over the images.

Art. 14. Respect for the rights of third parties

The use of biometric features does not affect the rights of the persons photographed and does not release users from the obligations incumbent on them in connection with the use of the images.

Chapter VIII: Requests regarding the right to image

Art. 15. Notifications

Persons who consider that their right to image has been infringed may submit a request to the operator using the contact details available in the platform.

Art. 16. Analysis of requests

The operator may analyze the requests received and may adopt reasonable measures to investigate the situation, including:

• requesting additional information;
• temporarily limiting access to certain materials;
• removing certain materials where there are well-founded reasons.

Art. 17. No general monitoring obligation

The operator has no general obligation to monitor in advance all photographs uploaded to the platform and cannot guarantee that all materials respect the rights of all persons photographed.

Chapter IX: Limitation of liability

Art. 18. No individual verification

The operator does not individually verify the legality of each uploaded photograph and cannot confirm the existence of the agreements necessary for the use of the images.

Art. 19. Exclusion of liability

To the extent permitted by law, the operator is not liable for:

• the infringement of the right to image by users;
• the infringement of the right to private life;
• the unauthorized use of images by users;
• the unauthorized distribution of photographs by third parties;
• the infringement of third-party rights through the content uploaded to the platform.

Chapter X: Indemnification obligation

Art. 20. Indemnification of the operator

The user undertakes to fully indemnify the operator for any damage, fine, penalty, expense, cost, compensation or claim brought against it as a result of:

• infringement of the right to image;
• infringement of the right to private life;
• infringement of the rights of minors;
• infringement of the rights of third parties;
• unlawful use of the photographs uploaded to the platform.

Chapter XI: Final provisions

Art. 21. Complementary nature

This Right to Image Policy is interpreted together with the Privacy Policy and the Terms and Conditions of the platform.

Art. 22. Amendment of the policy

The operator reserves the right to amend this policy to reflect legislative, technical or operational changes.

Art. 23. Entry into force

This Policy takes effect from the date of its publication within the Imago Moments platform.