SellCelebPhotos.com Terms of Use

Last Updated: December 29, 2010

Please read this User Agreement and License carefully before accessing or using this Website.

YOUR ACCEPTANCE

BY USING OR VISITING THIS WEBSITE OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THIS AGREEMENT AND THE TERMS AND CONDITIONS OF SellCelebPhotos.com' PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS PLEASE DO NOT USE THE THIS WEBSITE.

DEFINITIONS

"Content" refers to text, documents, software, scripts, graphics, illustrations, images, photographs, animation, artwork, information, messages, information, posts, user comments, user posts, audio clips, lessons or files, music, sound, data, files, video clips, lessons or files, hypertext links, interactive features and the like, and includes any work in which copyright or other proprietary or intellectual property rights reside.

"Member" refers to a person who has established a membership account with SellCelebPhotos.com. Each Member is also a User.

"SellCelebPhotos.com""We" and "Our" refer to DoHowTo.com, Inc. DBA SellCelebPhotos.com, Louisville, KY.

"SellCelebPhotos.com Content" refers to Content made available or provided by SellCelebPhotos.com on or through the SellCelebPhotos.com Website.

"SellCelebPhotos.com Website" refers to the website accessible via the "SellCelebPhotos.com" domain address and other websites owned, operated or controlled by SellCelebPhotos.com.

"Agreement" refers to this Terms of Use and all terms and conditions herein.

"User" refers to any person who views or uses the SellCelebPhotos.com Website.

"You" and "Your" refers to the person who is viewing or using the SellCelebPhotos.com Website, and includes Users, Members, SellCelebPhotos.com affiliates and SellCelebPhotos.com Associates Program applicants.

"Your Member Content" refers to Content published on, or posted, provided or uploaded to, the SellCelebPhotos.com Website by You, emailed, or other transmitted to us.

The "Program" refers to the SellCelebPhotos.com Program by which Users may transmit media for us to have the option of trying to sell.


SellCelebPhotos.com WEBSITE

This Agreement applies to all Users.

LINKS TO THIRD PARTY WEBSITES

The SellCelebPhotos.com Website may contain links to third party websites that are not owned or controlled by SellCelebPhotos.com. SellCelebPhotos.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SellCelebPhotos.com will not and cannot censor or edit the content of any third party site. By using the SellCelebPhotos.com Website, You expressly release SellCelebPhotos.com from any and all liability arising from Your use of any third party website. Accordingly, We encourage You to be aware when You have left the SellCelebPhotos.com Website and to read the terms and conditions and privacy policy of each other website that You visit.

SellCelebPhotos.com WEBSITE ACCESS

SellCelebPhotos.com hereby grants You permission to use the SellCelebPhotos.com Website as set forth in this Agreement, provided that: (a) Your use of the SellCelebPhotos.com Website is solely for Your personal use; (b) You will not copy or distribute any part of the SellCelebPhotos.com Website without SellCelebPhotos.com' prior written authorization or as subject to further provisions in this document; (c) You will not alter or modify any part of the SellCelebPhotos.com Website other than as may be reasonably necessary to use the SellCelebPhotos.com Website for its intended purpose; (d) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (e) You will not disrupt servers or networks connected to the SellCelebPhotos.com Website; and (f) You will otherwise comply with this Agreement.

In order to access certain areas of the SellCelebPhotos.com Website and to post or download certain Content, You will have to become a Member and establish a membership account with SellCelebPhotos.com ("Membership Account"). You may never use another person's Membership Account without permission. When creating Your Membership Account, You must provide accurate and complete information. All required registration information that You provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, You must also choose a user name and password for Your Membership Account. It is Your sole responsibility to keep Your Membership Account number, user name, password and other sensitive information confidential. If You become aware of any unauthorized use of Your Membership Account or any other breach of security, You agree to notify SellCelebPhotos.com immediately. SellCelebPhotos.com reserves the right to establish different levels of membership, to charge for membership, and to change the terms of membership at any time without notice. You are solely responsible for the activity that occurs on Your Membership Account. Although SellCelebPhotos.com will not be liable for Your losses caused by any unauthorized use of Your Membership Account, You may be liable for the losses of SellCelebPhotos.com or others due to such unauthorized use.

You agree not to use or launch any data mining or extraction methods or automated systems, including without limitation, "robots," "spiders," and "offline readers," that access the SellCelebPhotos.com Website in a manner that sends more request messages to the SellCelebPhotos.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. SellCelebPhotos.com grants the operators of public search engines permission to use spiders to copy materials from the SellCelebPhotos.com Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SellCelebPhotos.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the SellCelebPhotos.com Website, nor to use the communication systems provided by the SellCelebPhotos.com Website for any commercial solicitation purposes.

SellCelebPhotos.com, in its sole discretion, may (but has no obligation to) monitor or review the Content at any time. SellCelebPhotos.com may at any time without notice and in its sole discretion: (a) terminate access to or use of any Content or any area of the SellCelebPhotos.com Website where Content is posted; and (b) disclose any information related to Your use of Content, or the substance of any of Your Member Content, as SellCelebPhotos.com deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about Yourself or Your children when You post or otherwise submit any Content.

You understand that when using the SellCelebPhotos.com Website, You will be exposed to Content from a variety of sources, and that SellCelebPhotos.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against SellCelebPhotos.com with respect thereto, and agree to indemnify and hold SellCelebPhotos.com, its officers, directors, employees, agents, associates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the SellCelebPhotos.com Website.

SellCelebPhotos.com reserves the right to discontinue any aspect of the SellCelebPhotos.com Website at any time. SellCelebPhotos.com may block, restrict, disable, suspend or terminate Your access to all or part of the SellCelebPhotos.com Website and Content at any time in SellCelebPhotos.com' sole discretion, without prior notice or liability to You.

INTELLECTUAL PROPERTY RIGHTS; LICENSE BY SellCelebPhotos.com
SellCelebPhotos.com CONTENT, SERVICES AND MARKS

The SellCelebPhotos.com Content, as well as its selection and arrangement, is owned by, used under fair-use, used under agreement of this contract, or licensed to SellCelebPhotos.com and is protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the SellCelebPhotos.com Content may violate such laws and this Agreement. Except as expressly provided herein, SellCelebPhotos.com does not grant any express or implied rights to use the SellCelebPhotos.com Content. SellCelebPhotos.com Content is provided to You AS IS for Your information and personal, non-commercial use only.

Subject to the terms of this Agreement, SellCelebPhotos.com hereby grants You a worldwide, non-exclusive, non-transferable, non-sublicensable license (or sublicense) to use, access and download the SellCelebPhotos.com Content, in whole or in part, for Your personal, educational and non-commercial use. SellCelebPhotos.com also hereby grants You a worldwide, non-exclusive, non-transferable, non-sublicensable license (or sublicense) to access, use, and distribute previews of SellCelebPhotos.com Content for Your personal, educational and non-commercial use; provided that such distribution is through means explicitly authorized by SellCelebPhotos.com on the SellCelebPhotos.com Website. The licenses granted herein by SellCelebPhotos.com are terminable at will by SellCelebPhotos.com without notice.

SellCelebPhotos.com reserves all rights not expressly granted herein in and to the SellCelebPhotos.com Website and the SellCelebPhotos.com Content. You agree not to copy, reproduce, distribute, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer all or any part of the SellCelebPhotos.com Website or the SellCelebPhotos.com Content, or the selection and arrangement of the SellCelebPhotos.com Website and SellCelebPhotos.com Content, except as expressly authorized herein. You agree not to circumvent, disable or otherwise interfere with security related features of the SellCelebPhotos.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SellCelebPhotos.com Website or the Content therein. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein.

The trademarks, logos and service marks ("Marks") displayed on the SellCelebPhotos.com Website are the property of SellCelebPhotos.com or other third parties. You are not permitted to use the Marks without the prior written consent of SellCelebPhotos.com or such third party that may own the Marks, and this Agreement conveys no express or implied rights to use the Marks.SellCelebPhotos.com and the SellCelebPhotos.com logo are trademarks of SellCelebPhotos.com.

The rights specified herein relating to SellCelebPhotos.com Content are not applicable to the design, layout or look and feel of the SellCelebPhotos.com Website. Such elements of the SellCelebPhotos.com Website are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Marks, graphic, sound or image from the SellCelebPhotos.com Website may be copied or retransmitted unless expressly permitted by SellCelebPhotos.com.

Content encompassing any software code, including programs, tools, utilities, files and otherwise, and accompanying documentation that are made accessible via the SellCelebPhotos.com Website (collectively, "Software") are the copyrighted and/or patented and/or patent pending property of SellCelebPhotos.com or its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the SellCelebPhotos.com Website page(s) accompanying the Software, or posted with the Software downloads or at the SellCelebPhotos.com Website page where the Software can be accessed, and are incorporated herein by this reference. You will not be able to use, download or install any Software that is accompanied by or includes a license agreement unless You agree to the terms of such license agreement. Absent a license agreement that accompanies the Software, use of the Software will be governed by this Agreement. You agree that You will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. The Software is made available solely in accordance with the license agreement. Without limiting the foregoing, unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or reproduction of the Software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

YOUR MEMBER CONTENT AND LICENSE BY YOU

The SellCelebPhotos.com Website facilitates the submission of videos or other Content by You and other Members and the hosting and publishing of such Content. You understand that whether or not Your Member Content is published, SellCelebPhotos.com does not guarantee any confidentiality with respect to Your Member Content. SellCelebPhotos.com has complete discretion whether to accept or reject Your Member Content, or to transfer Your Member Content from one portion of the SellCelebPhotos.com Website to another. Furthermore, SellCelebPhotos.com reserves the right to remove all or part of Your Member Content from the SellCelebPhotos.com Website and the right to block, restrict, disable, suspend or terminate access to all or part of Your Member Content at any time in SellCelebPhotos.com' sole discretion, without prior notice or liability to You.

You shall be solely responsible for Your Member Content and the consequences of posting or publishing it. In connection with Your Member Content, You affirm, represent, and warrant that (a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize SellCelebPhotos.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Member Content to enable inclusion and use of Your Member Content in the manner contemplated by the SellCelebPhotos.com Website and this Agreement; (b) You have no knowledge as to any third party claims regarding the proprietary rights in and to any of Your Member Content which would or may interfere with the rights granted by You under this Agreement; (c) Your Member Content is not defamatory or obscene; (d) Your Member Content does not contain illegal material; (e) Your Member Content does not contain material which denigrates or attacks any persons based on race, religion, national origin, sexual orientation or the like; and (f) You have the written consent and/or permission of each and every identifiable individual person in Your Member Content to use their name or likeness as contemplated by the SellCelebPhotos.com Website and this Agreement.

SellCelebPhotos.com does not endorse Your Member Content or any opinion, recommendation, or advice expressed therein, and SellCelebPhotos.com expressly disclaims any and all liability in connection with Your Member Content.

You hereby declare that you have not entered into any other exclusive agreements to sell or distribute content with another website or service, and should a compromising situation be uncovered, that you agree to indemnify SellCelebPhotos.com's claim to the media over the similar websites or service provider.

Except to the extent licensed herein, You retain all Intellectual Property Rights in Your Member Content. However, by submitting Your Member Content to the SellCelebPhotos.com Website, You hereby grant SellCelebPhotos.com a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), transmit, display, and perform Your Member Content in connection with the SellCelebPhotos.com Website and SellCelebPhotos.com' (and its successor's) business including, without limitation, for promoting and redistributing part or all of the SellCelebPhotos.com Website (and derivative works thereof) in any media formats and through any media channels. Further, You hereby grant to SellCelebPhotos.com the right to display advertising in connection with the use, reproduction, display, distribution and performance of Your Member Content and any derivative works thereof without additional remuneration to You. You further acknowledge that You are aware that SellCelebPhotos.com has limited practical ability to control or monitor possible infringement by other parties of Your Intellectual Property Rights in Your Member Content and that SellCelebPhotos.com assumes no responsibility for unauthorized downloads or copies of Your Member Content.

The foregoing license granted by You to SellCelebPhotos.com Website, our employees, and 3rd parties acting on our behalf, will survive notwithstanding any subsequent removal or deletion of Your Member Account, or Member Content from the SellCelebPhotos.com Website.

In connection with Your Member Content, You further agree that You will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant SellCelebPhotos.com all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage SellCelebPhotos.com or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; or (e) impersonate another person.

SellCelebPhotos.com does not permit copyright infringing activities and infringement of intellectual property rights on the SellCelebPhotos.com Website, and SellCelebPhotos.com will remove Your Member Content if properly notified that Your Member Content infringes on another's intellectual property rights. SellCelebPhotos.com will also terminate a User's access to the SellCelebPhotos.com Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content removed from the SellCelebPhotos.com Website more than twice.

If You are a copyright owner or an agent thereof and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512 (c)(3) for further detail):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;

(e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SellCelebPhotos.com' designated Copyright Agent to receive notifications of claimed infringement is: C. Montgomery, SellCelebPhotos.com, 1432 Cherokee Rd, Louisville, KY 40204, email:DMCA@SellCelebPhotos.com. You acknowledge that if You fail to comply with all of the requirements set forth above, Your DMCA notice may not be valid.

Please also note that, under Section 512(f) of the U.S. Copyright Act, any person who makes a false claim of infringement is liable to anyone who suffers any damages because of that misrepresentation, including court costs and attorney's fees.

DOWNLOADING OF CONTENT

Content is available for downloading upon payment of the SellCelebPhotos.com' then-current license fee, or negotiated amount, for that particular content as determined solely by SellCelebPhotos.com. Members may also purchase prepaid license fee credits that may be applied to future purchases. Prepaid license fee credits are valid for use for 12 months after purchase and will expire thereafter without necessarily any additional notice to You. SellCelebPhotos.com  reserves the right the change the license fee for any piece of Content at any time in its sole discretion and without prior notice or liability to You. You may preview Content and read author-submitted summaries and User ratings, if any, without any obligation to pay license fees for such Content.

Once payment of the license fee is made, Buyer will be permitted to view the entire Content online and, if specified under "Use" for that particular Content, download Content for future viewing and use. Specific Content should be viewed online and downloaded within 30 days following payment of the license fee otherwise it may not be available for further viewing or downloading; provided, however, that if Content is to be removed from the SellCelebPhotos.com Website prior to the expiration of such 30 day period, SellCelebPhotos.com will exercise commercially reasonable efforts to notify you of such shortened time period. SellCelebPhotos.com will have no liability to You for any failure on Your part to download Content within the allotted time period and You will not be entitled to a refund of license fees paid in connection with such Content.

Furthermore, license fees are non-refundable, even in cases of general dissatisfaction with or non-performance of the Content including, but not limited to, quality or technical issues. Prepaid license fee credits are also not refundable for any reason. Notwithstanding the foregoing, SellCelebPhotos.com wants the Member experience to be a satisfactory one and asks that any questions, issues or complaints be directed to support@SellCelebPhotos.com. SellCelebPhotos.com will work with You to resolve complaints and, in certain instances and at SellCelebPhotos.com' sole discretion, SellCelebPhotos.com may offer credits which may be applied against license fees payable for other Content on the SellCelebPhotos.com Website or offer a refund.

PAYMENT FOR YOUR MEMBER CONTENT

Your Member Content will be made available for downloading by other Members upon payment of the license fee for that particular content as set by You pursuant to guidelines set by SellCelebPhotos.com, subject to such volume discounts, if any, as SellCelebPhotos.com may establish in its sole discretion.

Except as specified below, for each copy of Your Member Content downloaded by another Member, You will be entitled to receive royalty payments ("Royalties") in an amount established by SellCelebPhotos.com (currently 70% of the license fee.  SellCelebPhotos.com reserves the right the change Royalties for future downloads at any time in its sole discretion and without prior notice or liability to You. Notwithstanding the foregoing, You acknowledge and agree that SellCelebPhotos.com may, from time to time, offer particular Members complimentary "credits" which may be applied against license fees payable for any Content on the SellCelebPhotos.com Website, including Your Member Content, and that You will receive no Royalties in connection with such transactions.

A statement of Royalties payable and Royalties paid will be maintained in Your Membership Account. SellCelebPhotos.com will attempt to update Your Membership Account in a timely matter, but the amount of Royalties shown as payable are subject to change based on returns, refunds and credits actually issued with respect to Your Member Content.

SellCelebPhotos.com will pay You Royalties at Your request, but may take as long as 30 days following receipt by SellCelebPhotos.com of applicable license fees, and only when accrued unpaid Royalties equal or exceed $300.  Requests for payments of less than $300 may be granted with request at our sole discretion, but are not guaranteed.  All payments will be made in U.S. dollars and are payable only to Your PayPal account or by mailed check.  While we may elect to honor the payment method of your choosing, we reserve the right to make the decision on payment methods or change it in the future without warning. You must have a PayPal account and are responsible for maintaining the PayPal account at all times. You acknowledge that PayPal may apply a processing or other fee on the Royalties and that You are responsible for such fees. You are also solely responsible for reporting and paying any applicable tax or tariffs on Royalties. If you do not believe that Royalties paid to You have been accurately calculated, You must notify SellCelebPhotos.com of such belief within 30 days following payment, or would-be payment of such Royalties into Your PayPal account. Your failure to notify SellCelebPhotos.com within such time frame will constitute Your waiver of any claims You may have relating to SellCelebPhotos.com' calculation and payment of such Royalties. SellCelebPhotos.com will exercise good faith efforts to resolve any such issue brought to its attention, but SellCelebPhotos.com' resolution will be final.

Unpaid Royalties will not accrue interest, and unpaid Royalties more than 12 months old may be subject to fees or relinquishment, as SellCelebPhotos.com may determine in its sole discretion. Although SellCelebPhotos.com may make commercially reasonable efforts to notify You prior to instituting any such action with respect to unpaid Royalties, it will not be liable to You if you fail to receive or if You disregard such notice.

SellCelebPhotos.com will have no obligation to pay any Royalties, and is permitted to deduct or withhold any amounts from or posted to Your Membership Account determined or reasonably determined by SellCelebPhotos.com in its sole discretion to have resulted from the violation by You or Your Member Content of any provision of this Agreement. SellCelebPhotos.com reserves the right to withhold or deduct payment of Royalties, if applicable, or to suspend or otherwise disable Your Membership Account pending its reasonable investigation of any such violation.

SellCelebPhotos.com PROGRAM

(a) Enrollment in the Program and Eligibility: To begin the enrollment process to buy or sell, you will submit a complete Program application via the SellCelebPhotos.com Website. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include, but are not limited to, those that violate intellectual property rights or promote sexually explicit materials, offensive content or activities, violence, illegal activities, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law.

In the event that you earn more than $500 in one calendar year, SellCelebPhotos.com will require you to provide to us your Social Security number or other tax identification number for tax reporting purposes. Your social security number or tax identification number shall be used only for tax reporting purposes and not otherwise disclosed to any third party.

INTELLECTUAL PROPERTY RIGHTS AND LICENSE – OTHER CONTENT

The SellCelebPhotos.com Website may contain Content that is neither SellCelebPhotos.com Content nor Your Member Content ("Other Content"). Such Other Content belongs to its creator or author, may be protected by intellectual property rights or other proprietary rights, and no rights to such Other Content are conveyed herein.

NO GUARANTEES; WARRANTY DISCLAIMER

SellCelebPhotos.com makes no guarantees: (a) regarding the availability, operation, maintenance, timing or delivery of the SellCelebPhotos.com Website, any specific Content or any portion thereof; or (b) that submission of Your Member Content will secure any success or generate any Royalties.

YOU AGREE THAT YOUR USE OF THE SELLCELEBPHOTOS.COM WEBSITE AND ALL CONTENT SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED BY  SELLCELEBPHOTOS.COM "AS-IS"AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SELLCELEBPHOTOS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SELLCELEBPHOTOS.COM WEBSITE AND CONTENT AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SELLCELEBPHOTOS.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SELLCELEBPHOTOS.COM WEBSITE, THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SELLCELEBPHOTOS.COM WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OFANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SELLCELEBPHOTOS.COM WEBSITE AND CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SELLCELEBPHOTOS.COM WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SELLCELEBPHOTOS.COM WEBSITE BY ANY THIRD PARTY, (F) ANY FAILURE TO COMPLY WITH ACCESS RESTRICTIONS OR INSTRUCTIONS, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS, OR CESSATION OR SUSPENSION OF USE OR ACCESS, OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE SELLCELEBPHOTOS.COM WEBSITESELLCELEBPHOTOS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SELLCELEBPHOTOS.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SELLCELEBPHOTOS.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL  SELLCELEBPHOTOS.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE  SELLCELEBPHOTOS.COM WEBSITE AND CONTENT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SELLCELEBPHOTOS.COM WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SELLCELEBPHOTOS.COM WEBSITE BY ANY THIRD PARTY, (F) ANY FAILURE TO COMPLY WITH ACCESS RESTRICTIONS OR INSTRUCTIONS, AND/OR (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR ACCESS, OR CESSATION OR SUSPENSION OF USE OR ACCESS, OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE SELLCELEBPHOTOS.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF SELLCELEBPHOTOS.COM TO YOU FOR ANY CLAIM EXCEED THE LESSER OF: (A) THE TOTAL ROYALTIES PAID TO YOU BY SELLCELEBPHOTOS.COM DURING THE SIX MONTHS PRECEDING THE DATE THE CLAIM FIRST AROSE; OR (B) THE TOTAL LICENSE FEES PAID BY YOU TO SELLCELEBPHOTOS.COM DURING THE SIX MONTHS PRECEDING THE DATE THE CLAIM FIRST AROSE; OR  (C) $50.

YOU SPECIFICALLY ACKNOWLEDGE THAT SELLCELEBPHOTOS.COM SHALL NOT BE LIABLE FOR YOUR MEMBER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The SellCelebPhotos.com Website is controlled and offered by SellCelebPhotos.com from its facilities in the United States of America. SellCelebPhotos.com makes no representations that the SellCelebPhotos.com Website is appropriate or available for use in other locations. Those who access or use the SellCelebPhotos.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless SellCelebPhotos.com, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the SellCelebPhotos.com Website; (b) Your violation of any term of this Agreement; (c) Your violation of any third party right including, without limitation, any copyright, property, or privacy right; or (d) any claim that Your Member Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and Your use of the SellCelebPhotos.com Website.

ABILITY TO ACCEPT TERMS OF THIS AGREEMENT

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, You affirm that You are over the age of 13, as the SellCelebPhotos.com Website is not intended for children under 13. If You are under 13 years of age, then please do not use the SellCelebPhotos.com Website—there are lots of other great web sites for You. Talk to Your parents about what sites are appropriate for You.

ASSIGNMENT

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SellCelebPhotos.com without restriction and without notice.

GENERAL

You agree that: (a) the SellCelebPhotos.com Website shall be deemed solely based in Kentucky; and (b) the SellCelebPhotos.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over SellCelebPhotos.com, either specific or general, in jurisdictions other than Kentucky. This Agreement shall be governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles and the parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. Any claim or dispute between You and SellCelebPhotos.com that arises in whole or in part from the SellCelebPhotos.com Website shall be decided exclusively by a federal or state court of competent jurisdiction located in Jefferson County, Kentucky. You agree that You are subject to the personal jurisdiction of such courts.

This Agreement, together with the Privacy Policy and any other legal notices published by SellCelebPhotos.com on the SellCelebPhotos.com Website, shall constitute the entire agreement between You and SellCelebPhotos.com concerning the SellCelebPhotos.com Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SellCelebPhotos.com' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

SellCelebPhotos.com reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement for any changes. Your use of the SellCelebPhotos.com Website including, but not limited to, having an active non-cancelled Membership Account, following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms. If you do not wish to accept any changes to this Agreement, you must cancel Your Membership Account. Please refer to the SellCelebPhotos.com Website or email support@SellCelebPhotos.com for instructions on canceling Your Membership Account.