Terms and Conditions

These Terms and Conditions govern the contribution of photographs, texts, historical data, comments and other content by users of OLDPIK.COM.

OLDPIK is a cultural, documentary, educational and informative project dedicated to preserving, cataloguing, contextualising and promoting knowledge of historical photographic heritage.

By contributing content to OLDPIK, the user declares that they have read and accepted these conditions.

Users may contribute historical photographs when any of the following circumstances applies:

The mere fact that a photograph is publicly available on the Internet, social networks, search engines, blogs, forums or image platforms does not mean that it is free of rights.

When the user is not the author of the photograph, they must provide, whenever reasonably possible:

Indicating the source does not replace authorisation when authorisation is legally required.

By contributing content, the user declares, to the best of their knowledge and on the basis of the checks reasonably carried out, that:

The user must inform OLDPIK of any subsequent information that reasonably casts doubt on these declarations.

When the user holds the necessary rights over the contributed content, they grant Alpex Digital, S.L. a non-exclusive, free-of-charge, worldwide licence, for as long as the content remains published on OLDPIK, to:

This licence does not authorise OLDPIK to sell the photograph to third parties, grant commercial licences over it or market it as a stock image library, unless there is a specific and separate agreement with the rights holder.

The licence does not entail a transfer of the intellectual property of the content.

When the content is in the public domain or its use is based on an external licence or a legal provision, its use will be governed by the corresponding legal regime and not by a purported assignment of rights that the user does not hold.

OLDPIK currently develops its historical archive on a non-profit basis and does not commercialise the photographs contributed by users.

This circumstance describes how the project currently operates, but it does not alter the rights of third parties or make a protected photograph free to use.

If in the future OLDPIK were to substantially change its model in order to commercially exploit photographs contributed by users in a way that required additional rights, it must first obtain the authorisations legally required.

OLDPIK may:

OLDPIK will endeavour to distinguish documented data from data that is approximate, disputed or unknown.

No modifications will be made to a photograph that misleadingly alter its historical meaning without expressly indicating that such an intervention has taken place.

When the author is known, OLDPIK will endeavour to identify them.

When a photograph comes from a specific archive, collection or source, OLDPIK may state that provenance and link to it.

Attribution of provenance does not necessarily imply that the linked archive, collector or website holds the intellectual property rights over the photograph.

If more reliable information subsequently appears, OLDPIK may modify the attribution.

Users may contribute photographs that can reasonably be considered to belong to the public domain under the applicable legislation.

The age of a photograph does not in itself constitute sufficient proof in every case that the rights have expired.

When the identity of the author is known, it must be provided whenever possible so that the duration of their rights can be correctly assessed.

The existence of a photograph on Facebook, Instagram, X, Pinterest, Flickr, a blog, a digital newspaper, a website or any other platform does not automatically imply authorisation to reproduce it on OLDPIK.

The user must try to locate the original source and reasonably determine its legal status before contributing it.

The link to the publication where a photograph was found will be kept when it is useful for traceability, but it does not in itself constitute a licence.

Any person who considers that content published on OLDPIK infringes rights that legitimately belong to them may report it to:

hello@oldpik.com

The claim should identify, as far as possible:

OLDPIK may remove the content as a precaution while it analyses the claim.

Precautionary removal does not constitute acknowledgement of infringement or of the ownership claimed.

If the claim is well founded, OLDPIK may make the removal permanent or make the necessary changes.

When a claim concerns content contributed by a user, OLDPIK may ask them for information about its provenance and legal status.

The user undertakes to cooperate reasonably by providing the information available to them.

OLDPIK may remove the content when the legitimacy of its publication cannot reasonably be determined.

The user must bear in mind that intellectual property rights are distinct from the rights to honour, privacy, one's own image and data protection.

The age or public domain status of a photograph does not necessarily eliminate other rights that may apply.

Photographs whose publication is manifestly unlawful or constitutes an unlawful interference with the rights of third parties must not be contributed.

The following content may not be contributed:

OLDPIK reserves the right to review, reject, hide or delete content when it:

Content moderation does not mean that OLDPIK is able to verify in advance all the rights existing over each contributed photograph.

The user may request the removal of the content they have contributed.

OLDPIK may keep technical copies or internal records for as long as legally necessary when this is required to comply with legal obligations, resolve claims or maintain the security and integrity of the service, without thereby keeping the content publicly accessible.

Removal will not affect uses legitimately made beforehand or the rights of third parties.

Each user is responsible for their own acts and for the information they provide.

OLDPIK will take the legally appropriate measures when it has actual knowledge of unlawful content or of circumstances that justify its removal.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded.

OLDPIK may modify these Terms to adapt them to legal, technological or functional changes.

When a modification substantially affects the rights granted by registered users, OLDPIK may communicate it by the means reasonably available and request a new acceptance where necessary.

These Terms are governed by Spanish law.

Disputes will be submitted to the courts and tribunals that have jurisdiction under the applicable regulations, respecting in all cases the mandatory jurisdiction established for consumers and users.