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TERMS AND CONDITIONS

 

Last Updated: March 1, 2024

Please read these Terms and Conditions ("Terms") carefully before using the celephoto.com website (“Website” or Site”) or any of its services, (the "Service" or) operated by celephoto.com ("us", "we", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website or Services.

ACCEPTANCE OF TERMS

By accessing or using the Website and/or Service, you agree to be bound by these Terms, the Wix.com Terms of Use (found at https://www.wix.com/about/terms-of-use), our Privacy Policy (found here ______, the Wix.com Privacy Policy (found here https://www.wix.com/about/privacy) and the Wix.com Cookie Policy (found here https://www.wix.com/about/cookie-policy). If you do not agree to any part of these Terms or any other terms or policies, you may not access the Service.

LICENSE TO US

By uploading and sharing photos, or any content, on celephoto.com, you grant celephoto.com a non-exclusive, worldwide, royalty-free license, irrevocable, unrestricted, fully and freely assignable and sub-licensable license to, but not limited to,  use, copy, print, display, modify, publish, translate, reproduce, store, distribute, transmit and/or distribute your content and anything included in it, prepare derivative works based upon it, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised for any purpose  or uses with or without attribution. You further agree that celephoto.com and its licensees have the right to use your name and likeness in connection with celephoto.com’s website.  celephoto.com is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to celephoto.com (whether directly or through its third-party service providers) for purposes of the uses without compensation or remuneration.  You agree that in the event that we sell or transfer our company, in whole or in part, the license that you granted us in this section, all our content, and your personal information, may be sold or transferred as well without further approval by you, and that the license grant would then become the license grant of our transferee or successor.

YOUR SUBMISSIONS AND USER INFORMATION

You voluntarily, knowingly, and irrevocably, waive any additional compensation beyond the enjoyment of seeing your content used as provided herein. You understand that visitors to our websites or social media accounts may be able to download or repost the photograph and as a result the photograph may be used for other purposes and that we will not have any obligation to prevent or police, and will not be liable for any such downloading and reuse by a third party.

We reserve the right to use, not use, or discontinue using any of your content in our sole discretion at any time.

USER CONTENT

Celephoto.com is an interactive computer service under Section 230 of the Communications Decency Act (CDA). As such, we are not legally responsible for the content posted by our users. The views and opinions expressed in user-generated content are those of the authors and do not necessarily reflect the views or opinions of celephoto.com.

You agree that celephoto.com has no responsibility to monitor, review, edit, remove, or control any content or other information that you or others submit to us and/or our Website and/or our Services.  You further agree that celephoto.com may, in its sole discretion, modify, remove, or refuse to accept any content, or user, for any reason or no reason.  We may also decline to modify or remove content that you submitted, despite your request.  In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties. We cannot establish nor guarantee the legal nature of any such content.

celephoto.com reserves the right to modify or remove any content in a member account, or to delete a member account, at any time without prior notice, for any reason or no reason.

celephoto.com is not responsible for any financial or personal loss to you for using your celephoto.com accounts, for any reason. Content stored on celephoto.com servers are for online photo sharing purposes and not meant for permanent or temporary archival purposes. Therefore, celephoto.com is not obligated to maintain back-up copies of any material submitted or posted on celephoto.com., you represent that the photos, titles, and descriptions comply with the Terms and Conditions set forth herein. If any third party brings a claim, lawsuit, or other proceeding against celephoto.com based on content you post on celephoto.com, you agree to compensate celephoto.com including its officers, directors, employees and agents for any and all losses, liabilities, damages or expenses including attorney’s fees incurred by celephoto.com in connection with any such claim, lawsuit or proceeding. celephoto.com is the final arbiter of what is allowed and not allowed on celephoto.com websites. If a portion of the content in an account is found to be in violation of these Terms and Conditions, the entire account may be removed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CELEPHOTO.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CELEPHOTO.COM SERVICES ARE PROVIDED BY CELEPHOTO.COM ON AN "AS IS", WHERE IS”,  AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CELEPHOTO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CELEPHOTO.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CELEPHOTO.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CELEPHOTO.COM SERVICES IS AT YOUR SOLE RISK.

CELEPHOTO DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES.  THE OPERATION OF THIS SITE AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF CELEPHOTO.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CELEPHOTO.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CELEPHOTO.COM DOES NOT WARRANT THAT THE CELEPHOTO.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CELEPHOTO.COM SERVICES, CELEPHOTO.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CELEPHOTO.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CELEPHOTO.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CELEPHOTO.COM WWEBSITE, SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CELEPHOTO.COM WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF CELEPHOTO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.  WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE AND THE SERVICES.  YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICES. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOUR RESPONSIBILITIES

You agree that you are at least 18 years of age. 

You agree not to submit any content that:

(a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights;

(b) violates any applicable law or regulation;

(c) is defamatory, threatening, harassing, obscene, abusive, slanderous, invasive of privacy or publicity rights, vulgar, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals, harmful to minors, or child pornographic;

(d) is false or misleading;

(e) promotes physical or emotional harm in any way;

(f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information);

(g) is commercial in nature, other than as specifically solicited by this Site;

(h) constitutes unsolicited junk or bulk email (“spam”);

(i) is tortious or criminal;

(j) nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or national laws;

(k) content that promotes, encourages, or provides instructional information about illegal activities;

(l) hate propaganda or hate mongering, swearing, or fraudulent material or activity; or

(m) AI-Generated Images: Submissions of images created by artificial intelligence (AI) or machine learning (ML) are strictly prohibited. This includes images generated by text-to-image tools, generative adversarial networks (GANs), or any other AI/ML method..

 

Without celephoto.com’s express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services.  Moreover, under no circumstances may you:

  1. derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means;

  2. attempt to access the accounts of others, or attempt to penetrate security measures of the systems of celephoto.com or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; or

  3. transmit to celephoto.com or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission.  celephoto.com grants you permission to link to this Site (without framing it) or the Services but may revoke this permission at any time for any reason.

 

YOUR WARRANTY

Accuracy of Information: By submitting content to our Site, you warrant and represent that:

  • The photos are original works that you created or have the right to submit.

  • The photos are not generated by AI or any other automated process.

  • You have not altered or manipulated the photos in a way that makes them appear to be AI-generated.

 

CHANGES TO THESE TERMS

We may update this policy at any time without notice. Your continued use of the platform after any such updates will constitute your acceptance of the updated policy.

 

INDEMNIFICATION

You agree to defend, indemnify, release and hold harmless celephoto.com including without limitation, celephoto.com’s officers, directors, employees, shareholders, partners, limited partners, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services, from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of this Site, the Services or any content or other merchandise that you obtain from the Site or Services.  celephoto.com reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with celephoto.com in asserting any available defenses and will pay all of celephoto.com’ attorneys’ fees and costs in such defense.

Celephoto.com is not responsible for the content uploaded by members. Members are solely responsible for the content they upload.

You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit.  You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, and (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.

OWNERSHIP OF COPYRIGHT

The Website contains material that is owned by or licensed to us. You may not copy, reproduce, download, upload, post distribute, republish, re-transmit, perform or modify in any way any of the material on this Website, including without limitation, any images or written material without our prior written permission. All rights and licenses not expressly granted to you in these Terms are reserved by us.

TERMINATION

Celephoto.com may terminate or suspend access to our Website or Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.

GOVERNING LAW AND JURISDICTION

You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site and the Services.  The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site or the Services.  You agree to waive any objection based on forum non convenience or any objection to venue in Charleston, South Carolina, of any such action.

All matters and legal proceedings arising out of or related to these Terms and Conditions, the Services, or the Site, the negotiation, making, validity, interpretation or enforcement of these Terms and Conditions; and all related matters between the parties: (a) are governed by the laws of the State of New York, without reference to any conflict of laws principles or the choice of law doctrine; and (b) are to be exclusively brought in the State courts of the State of New York, or the federal courts of the United States of America, in each case located in the County of New York (together, the “Specified Courts”).   The parties irrevocably (a) submit and consent to the exclusive jurisdiction and venue of the Specified Courts and waive any objection now or hereafter to the propriety or convenience of such venues; and (b) waive any rights they may have to a trial by jury or the determination of any factual issues by a jury.

INTERNATIONAL USE

celephoto.com makes no representation that this Site or the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using this Site or the Services from territories where it is illegal to do so is prohibited.  Use of this Site or the Services is done at your own risk, and you are responsible for compliance with all local laws.

ASSIGNMENT

You agree that this Agreement and all rights and licenses provided to celephoto.com under this Agreement are fully and freely assignable and sub-licensable by celephoto.com without further compensation to you.

INTEGRATION AND MODIFICATION

Except as otherwise specified herein or in a written agreement signed by celephoto.com, this Agreement constitutes the entire agreement between you and celephoto.com with respect to this Site and supersedes all prior or contemporaneous communications or proposals between you and celephoto.com with respect to this Site and the Services.  You may not modify this Agreement other than by obtaining celephoto.com’ signed, written consent to such a modification.

SEVERABILITY  

The provisions of this Agreement are intended to be severable.  If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

NOTICE / CONTACT

celephoto.com can be contacted at info@celephoto.

Legal notices shall be sent to celephoto.com at the following address: info@celephoto. Notice will be considered given upon receipt.

 

By using celephoto.com, you acknowledge that you have read and understood these Terms and agree to be bound by them.

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