Last Updated: January 4, 2023
YOU SHOULD READ THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY USING THE MYPAPARAZZI.NET WEBSITE IN ANY MANNER AND YOU WILL BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD STOP USING THE SITE AND LEAVE THE SITE IMMEDIATELY.
1. Changes or Modifications.
We reserve the right, in our sole discretion, to modify these Terms (including applicable Additional Terms) from time to time. You agree that at the time of each use of the Site by you, the then current terms or policies posted on the Site shall govern and you agree that your continued use of the Service after such posting constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. Your continued access or use of the Services after the effective date of any changes to these Terms will be deemed as irrevocable acceptance of these Terms as modified, thus you should review the posted Terms and applicable Additional Terms each time you use the Services. Customer service representatives are not authorized to modify these Terms or any Additional Terms, either verbally or in writing, and any such modification shall have no effect
2. Your Representations.
3. My Paparazzi Services.
The Site is for buying and selling candid, paparazzi-style photographs (“Photos”) taken in public locations and connecting Subjects and Customers with Photographers, as defined below, by allowing Photographers to market their own business, websites and showcase their work - the Photos - on the Site (collectively, the “Content”). An individual whose image and likeliness is featured or portrayed in the Content shall be referred to as the “Subject” of the Content, while prospective and actual purchasers of the Photos shall be referred to as the “Customer.” The individual who takes the Photo and/or uploads Content onto the Site and/or is a registered My Paparazzi Account holder shall be referred to as “the Photographer.”
4. License to Use the Site and Services: Restrictions.
My Paparazzi grants you a non-exclusive, non-transferable, limited right to access, use, and display the Site and Service and the Content for your personal use only, provided you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the web, copy, republish, link to, download, transmit, distribute, license, sublicence, reverse engineer, or in any way exploit the Site, Services or Content thereon for any private, public or commercial use without the express written permission of My Paparazzi and/or the Photographer as applicable to Section 7 herein, and pursuant to the Photographer Terms and Customer Terms. Any Content included in the Site or Services is provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to My Paparazzi
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including but not limited to, spamming, hacking, uploading computer viruses, trojan horse, or time bombs, spyware, cancelbots, Easter eggs, or any means prohibited by any provision of these Terms. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any Content contained thereon for any purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on My Paparazzi’s infrastructure
5.Intellectual Property Rights.
The Content, Site and Services are also protected by the United States and international intellectual property laws including, without limitation, the US Copyright Act and other copyright laws and regulations, trademark, trade secrets, moral rights, rights of privacy, and rights of publicity (collectively, “Intellectual Property Rights”). My Paparazzi, or its licensors where applicable (e.g. the Photographers own the copyright to the Photos) —own all Intellectual Property Rights in and to the Content, Site and Services, as applicable. You agree to abide by any and all copyright notices, credit requirements, attribution, information or restrictions displayed on the Site and the Services. You may not remove, or attempt to remove, any watermarks or copyright notices contained in the My Paparazzi Content.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content or any Services. You are responsible for complying with all applicable license limitations, laws, rules and regulations regarding your use of any Content. In the event of any permitted copying, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
[My Paparazzi] is the logo, trademark and service mark of My Paparazzi.
- 1. Claims of Infringement.
My Paparazzi respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, My Paparazzi will respond to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in Section 6.2, herein. My Paparazzi will disable and/or terminate the Accounts of users who are repeat infringers.
- 2.DMCA Notice of Alleged Infringement (“DMCA Notice”).
If you believe your content has been copied in a way that constitutes copyright infringement, please provide MyPaparazzi’s Designated Copyright Agent the following information:
- Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
- Provide your mailing address, telephone number and, if available email address.
- Include both of the following statements in the body of the DMCA Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
- “ I hereby state that information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your signature (electronic signatures acceptable).
Deliver the DMCA Notice, with all the above items completed, to the My Paparazzi Designated Copyright Agent:
PO Box 15372
Wilmington, NC 28408
While My Paparazzi considers all DMCA Notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that Content is infringing. Accordingly, if you are uncertain whether material infringes your intellectual property rights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney before submitting a DMCA Notice.
6.My Paparazzi’s Rights to Content Provided by Users.
By using the Site and our Services, uploading Content, sending messages to My Paparazzi, or transmitting other materials through the Site, (collectively, the “Communications”), you grant My Paparazzi a non-exclusive, worldwide, perpetual license to use any Communications uploaded to the Site for the uses contemplated in these Terms, including but not limited to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the Communications, complete transactions, or provide customer support. This allows us to provide the Services to you.
You warrant that you own all Intellectual Property Rights in and to any applicable Communications you submit to My Paparazzi, or that you have sufficient rights in and to the Communications to grant to My Paparazzi the above license.
You acknowledge that Communications to and from this Site and any Services will be protected to the best of our ability, however, we cannot guarantee that your Communications will not be read or intercepted by others. You acknowledge that by submitting Communications to My Paparazzi, the Site, or through the Services, no confidential, fiduciary, contractually imposed or other relationship between you and My Paparazzi is created in relation to or as a result of the Communications, except as expressly pursuant to these Terms.
8. Subjects and Customers.
As a condition of purchase, Customers must represent and warrant that they are the Subject of the Photo(s) or have been given authority to purchase Photo(s) on behalf of the Subject featured in the Photo(s) they are attempting to purchase at the point-of-sale.
1.Limited License to Use Photos.
The copyright in the Photo(s) at all times remains with the Photographer. Customers who purchase Photo(s) through My Paparazzi do not own the Photo(s) as a result of the purchase. Rather, their purchase of the Photo(s) from the Site buys them a limited license for Photo(s) (“Limited License”) only. The Limited License shall include the right to use the Photo(s) for personal use in digital format on social media applications (e.g. WhatsApp, Instagram, Facebook, Twitter), only. If the Customer wants to use the Photo(s) for any other purpose, including but not limited to printing rights, the creation of a photobook, commercial or editorial use, personal businesses and personal blogs, the Customer must contact the Photographer directly, pursuant to the procedure and terms described in Sections 8.1.1 and 8.1.2 below, and ask to purchase an expanded license directly from the Photographer.
8.1.1. Additional Rights.
If a Customer wants to use the Photo(s) for any purpose other than use the Photo(s) in a digital format on their own social media applications, such as commercial or editorial use of the photograph, including but not limited to, printing the Photo(s), the creation of a photobook, personal businesses and personal blogs the Customer must contact the Photographer directly by using the information provided by the Photographer on the Site. The Photographer’s information is accessible by clicking on the Photographer’s name located under each photo for sale.
MY PAPARAZZI IS IN NO WAY INVOLVED WITH THE NEGOTIATION AND PRICING OF ANY ADDITIONAL RIGHTS PURCHASED BY THE CUSTOMER. ONCE YOU CONTACT THE PHOTOGRAPHER DIRECTLY, IF A DISPUTE ARISES BETWEEN YOU AND THE PHOTOGRAPHER, YOU RELEASE MY PAPARAZZI FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY MY PAPARAZZI.
9. Billing and Payment.
All payment transactions are administered by the third party payment processor [Stripe, PayPal]. You should review [Stripe, PayPal] applicable terms and conditions. My Paparazzi expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. My Paparazzi is not responsible or liable to you for any credit card, bank-related or other financial service charges related to your transactions. You represent and warrant that all payment information you provide is current, correct and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method and billing address. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.
All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended, for any of the reasons as stated herein, preventing you access to paid aspects of the Services, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate of the applicable subscription at the conclusion of the free trail. You may cancel any automatically renewing subscription under “User Setting” by logging into your Account.
The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3:
PO Box 15372 Wilmington, NC 28408
If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
10.Third Party Content and Websites
11.Termination or Change to the Site or Services.
My Paparazzi shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that My Paparazzi may terminate your use of this Site and the Services, cancel your user Account, remove your Content, and/or exercise any other remedy available to us, if My Paparazzi reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violations the rights of My Paparazzi or any third party, or for any reason with or without notice to you. You agree that My Paparazzi will not be held liable to you or any third party as a result thereof.
12. Warranties and Disclaimers.
Your use of the Site and Services is at your own risk. The Site and Services are provided by My Paparazzi under these Terms and any Additional Terms “as is” without warranty of any kind, either express, implied, statutory or otherwise. My Paparazzi expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Service available from the Site, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
Without limiting the foregoing, My Paparazzi does NOT warrant that:
- i. The Site will meet your requirements;
- ii. access to the Site will be uninterrupted;
- iii. the quality of the Site, the Services and/or the Content will meet your expectations;
- iv.any errors, defects in the Site, Services or Content will be corrected;
- v.the Site will be permitted in your jurisdiction;
- vi. any Content submitted will be available through the Site or will be stored by the Site;
- vii. the site will meet your needs; or
- viii. that My Paparazzi will continue to support any particular feature of the Site.
MyPaparazzi does not endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Sites or Services by users, including Photographers. You acknowledge that any reliance upon any such advice, opinion, statement, or other information shall be at your sole risk. My Paparazzi reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
14. General Terms.
Any controversary or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered under Commercial Arbitration Rules of the American Arbitration Association in effect on the date of the commencement of arbitration, rather than in court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state of North Carolina. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. My Paparazzi shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of My Paparazzi, such action is necessary or desirable.
These Terms, and any Additional Terms are governed by and shall be construed in accordance with the laws of the State of North Carolina. The state and federal courts of North Carolina are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms and any Additional Term, should arbitration be unavailable. You consent to personal jurisdiction and venue of the state and federal courts of the State of North Carolina.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The failure of My Paparazzi to exercise or enforce any Term will not constitute a waiver of such Term.
You may contact us at the addresses specified herein for specific requests or contact firstname.lastname@example.org with general inquiries.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS THE SERVICES AND DISCONTINUE USE OF THE SERVICE.