Terms of Service

TERMS AND CONDITIONS

Introduction

Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Paparartzy Gallery (‘Paparartzy’) and access to and use of the site, including information, text, images, graphics, data or other materials ("Content") and products and services provided, as well as all elements, software, programs and code forming or incorporated in to www.Paparartzy.com (the ‘Service’). The Terms constitute a binding legal agreement between you and Paparartzy.

General Terms of Service

These Terms constitute the entire agreement between Paparartzy and you with respect to your use of the Service. Paparartzy 's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. Paparartzy shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Paparartzy. These Terms shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the Federal and Provincial laws.

Your access to certain Services or certain areas of the Site may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions.  If there is conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedences with respect to your use of or access to that area of the Site or Services.

 

You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Paparartzy 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 is 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 Paparartzy with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Paparartzy, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

By using or visiting the Paparartzy website or any Paparartzy designs, prints, art, products, software, and services provided to you on, from, or through the Paparartzy website (the "Service") you signify your agreement to the terms and conditions and privacy policy.  By using our Service, you agree to be bound by these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors of the Service. If you choose to register as a member of our Service or purchase products from the Paparartzy Gallery, you will be asked to check a box indicating that you have read, and agree to be bound by all the terms. 

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Site. “Content” includes the designs, prints, artwork, text, film, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Section I: General Terms

1. Service Availability

By using the Paparartzy website, you agree that Paparartzy is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Paparartzy.  You use the Paparartzy service at your own risk.

Paparartzy acts as a venue for users to upload, post, sell, and buy self-made and original artwork with a fixed-price format. Paparartzy is not directly involved in the transaction between buyers and sellers. As a result, Paparartzy has no control over the quality, safety, morality or legality of any aspect of the items listed; the truth or accuracy of the listings; the ability of sellers to sell items or the ability of buyers to pay for items. Paparartzy does not pre-screen users or the content or information provided by users. Paparartzy cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Paparartzy does not transfer legal ownership of items from the seller to the buyer.

The Service provided by Paparartzy.com is on an "AS IS" and "AS AVAILABLE" basis.

Paparartzy reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. You agree that Paparartzy is and will not be liable to you for any modification, suspension or discontinuance of the Service.

2. Membership Eligibility

All users of the Paparartzy website must be at least 18years or older. Paparartzy services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Paparartzy, in its sole discretion, may refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Paparartzy services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

 

In order to list a work on the Site or to make a purchase through the Site, you must first create an account ("Account") by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Paparartzy reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Paparartzy of any unauthorized use of your Account.

3. Privacy

Paparartzy.com has a firm commitment to safeguarding your privacy. Please review Paparartzy.com Privacy Policy. The terms of Paparartzy’s privacy policy are incorporated into, and form a part of, these Terms.

4. Copyright

Paparartzy respects the copyright law and expects its users to do the same.  Paparartzy is, unless otherwise stated, has ownership of all copyright and data rights of contents in this website.  When you post or upload your artworks or contents, Paparartzy does not claim ownership rights in your works. Individuals who post works to Paparartzy.com are either the copyright owners of the component parts of that work, or are posting the work under license from a copyright owner, or his or her agent as permitted by law.

You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Contents without the expressed or written consent of Paparartzy, or the appropriate owner of the copyright material. You agree not to distribute any part of the Service other than your own Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us. Please review Paparartzy’s Copyright Policy.

5. Trademarks

All brands, product and service names used in this Service which identify Paparartzy.com or third parties and their products and services are proprietary marks of Paparartzy.com and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Paparartzy.com or any third party with respect to any such image, logo or name.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

6. External Links

Paparartzy may contain links to third party websites that are not owned or controlled by Paparartzy. Paparartzy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that The Service may contain links to third party websites that are not owned or controlled by Paparartzy. Paparartzy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Paparartzy will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Paparartzy from any and all liability (i) arising from your use of any third-party website, (ii), the content, products, or services on or available from such websites or resources, and (iii) the availability and accuracy of such websites or resources.  Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

7. Third Party Software

As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Paparartzy be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

8. Disclaimer of Warranty and Limitation of Liability

You agree to defend, indemnify, and hold Paparartzy, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Paparartzy Content or Member Content, or your violation of these Terms.

Paparartzy MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Paparartzy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. Paparartzy MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT PAPARARTZY IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, Paparartzy SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF Paparartzy  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES.

You also acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Paparartzy Content and Member Content remains with you. Neither Paparartzy nor any other party involved in creating, producing, or delivering the Site, Services, Paparartzy Art Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Paparartzy Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Paparartzy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Paparartzy'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO Paparartzy PURSUANT TO THIS AGREEMENT.

9. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Paparartzy for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

10. Permissions and Restrictions - General Use of the Service

Paparartzy hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

  1. You agree to post or upload your original artwork and you expressly authorize that it is your original artwork, print, design, literary text, or text.

  2. You agree not to reprint, copy, plagiarize, distribute, or sell any part of the Service or the Content without Paparartzy's prior written authorization, unless Paparartzy makes available the means for such distribution through functionality offered by the Service.

  3. You agree not to alter or modify any part of the Service.

  4. You agree not to use the Service for any of the following commercial uses unless you obtain Paparartzy 's prior written approval:

    1. the sale of access to the Service;

    2.  the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

    3. The sale of any artwork content posted on the service or on any of its pages on other blogs, websites, galleries, or other art forums

    4.  the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service        

  5. You may not modify, build upon, or block any portion or functionality of any software application or uploader.

  6. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Paparartzy 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. Notwithstanding the foregoing, Paparartzy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Paparartzy 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, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

  7. In your use of the Service, you will comply with all applicable laws.

  8. Paparartzy reserves the right to discontinue any aspect of the Service at any time.

Permissions and Restrictions - General Use of the Service-Continued

  1. You agree not to access Content through any technology or means other than the software pages of the Service itself, the Embeddable Player, or other explicitly authorized means

  2. You agree to automatically download and install updates from time to time from Paparartzy. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Uploader.

  3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Paparartzy 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. Notwithstanding the foregoing, Paparartzy grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Paparartzy 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, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

  4.  In your use of the Service, you will comply with all applicable laws.

  5. Paparartzy reserves the right to discontinue any aspect of the Service at any time.

  6. You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Paparartzy’s policies as stated in the Agreement (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Paparartzy, each of which is incorporated herein by reference and each of which may be updated by Paparartzy from time to time without notice to you.

11. Feedback and Comments

If you have any comments or questions about the Service we welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at info@paparartzy.com.  You acknowledge and agree that all Feedback will be the sole and exclusive property of Paparartzy and you hereby irrevocably assign to Paparartzy and agree to irrevocably assign to Paparartzy all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Paparartzy’s request and expense, you will execute documents and take such further acts as Paparartzy may reasonably request to assist Paparartzy to acquire, perfect and maintain its intellectual property rights.  

Section II: Additional Terms

12. Registration

To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

As a Paparartzy account holder you may submit your own original Content to the Service, including designs, photographs, texts, videos, and user comments. You understand that Paparartzy does not guarantee any confidentiality with respect to any Content you submit. You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Paparartzy, you must provide and maintain valid payment information such as valid credit card information, valid government ID, or a valid PayPal account.

 

13. Password/Account

When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify paparartzy of any unauthorized use of your password.  Although Paparartzy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Paparartzy or others due to such unauthorized use.

In order to access some features of the Service, you will have to create a unique Paparartzy account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Paparartzy immediately of any breach of security or unauthorized use of your account.

You may not transfer or sell your Paparartzy account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

14. Account Suspension and Termination

Paparartzy will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.  Paparartzy reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Paparartzy may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.

You agree that Paparartzy may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Paparartzy Site, in Paparartzy's sole discretion, if you fail to comply with the Terms or applicable law.

15. Submitting Content

Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your original Content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Fees and Purchasing Policy, which is incorporated into, and forms a part of, the Terms.

In addition to submitting your Original Works of Art and Digital Works to Paparartzy, Paparartzy may, in its sole discretion, designate areas of the Site in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Site (individually or collectively, "Member Content"). Paparartzy does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Site and Services, (i) you grant Paparartzy a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting Paparartzy, the Site and Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such Member's authorized use of the Site and Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.

16. Content and Conduct

Paparartzy has no ability to control the Content you upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by upload, post or otherwise transmit using the Service. You further agree that Content you submit to the Service will be original content, and will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are otherwise legally entitled to post the material and to grant Paparartzy all of the license rights granted herein.

17. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Paparartzy that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Paparartzy does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Paparartzy, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

You further agree that you will respect the following Paparartzy community guidelines and agree not to use the Service for:

  1. For any unlawful purposes including committing fraud, or manipulating identifiers in order to disguise the origin of any Content transmitted through the Service;

  2. To upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable, even if it is a video or image of yourself

  3. To upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Paparartzy or To facilitate the unlawful distribution of copyrighted content or illegal content;

  4. To harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 16;

  5. Material which is likely to cause harm to Paparartzy or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

  6. For any commercial purpose, except as expressly permitted under these Terms;

  7. To sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Paparartzy by hyperlink and not to compete with Paparartzy;

  8. Paparartzy encourages free speech and defend everyone's right to express unpopular points of view. But Paparartzy don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity), and other human and civil rights violations;

Paparartzy does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Paparartzy expressly disclaims any and all liability in connection with Content. Paparartzy does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Paparartzy will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Paparartzy reserves the right to remove Content without prior notice.

   ix.        There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information.  Anyone caught doing these things may be permanently banned from Paparartzy.

    x.        Creating misleading descriptions, tags, titles or thumbnails in order to increase views is not acceptable. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.

18. Use of Content

For clarity, the Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Paparartzy, subject to copyright and other intellectual property rights under the law.  You retain all of your ownership rights in your Content. However, by submitting Content to Paparartzy, you grant Paparartzty a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in `connection with the Service and Paparartzy’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that Paparartzy may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

19. Storage of Content

At this time, Paparartzy provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Paparartzy may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Paparartzy's servers. Furthermore, you acknowledge that Paparartzy reserves the right to terminate or suspend accounts that are inactive, in Paparartzy's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Paparartzy shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Paparartzy reserves the right to modify its storage policies from time to time, with or without notice to you.

20. Commercial Activities

Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Paparartzy. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Paparartzy's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member.

21. Services and Fees

Joining and uploading your artwork on Paparartzy is free. Paparartzy may charge fees for listing an item for sale, which may be a percentage of the sale price when you list the item for sale. When you list an item you have an opportunity to review and accept the fees that you will be charged. Paparartzy fee policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees and Purchasing Policy and the fees for Paparartzy services are effective after Paparartzy provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Paparartzy may choose to temporarily change the Fees and Purchasing Policy (for example, free delivery, promotional days); such changes are effective when Paparartzy posts the temporary promotional event on the Site. Paparartzy may, at Paparartzy’s sole discretion, change some or all of Paparartzy services at any time. In the event Paparartzy introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in Canadian (CAD) and US Dollars (USD).

Rules for Buyers

  1. All sales facilitated by Paparartzy must be done through the Gallery and Buy/Sell program Site.

  2. Buyers must be registered Paparartzy account holders with correct and accurate contact/personal information.

  3. Sellers and Buyers will conduct the purchase and sale transaction independently of Paparartzy.com.

  4. Buyers must agree to pay the total price charged by a Seller for the artwork, including shipping and handling

  5. Buyers must file valid Pay Pal accounts with Paparartzy prior to either selling or buying any Artwork or Content

  6. Buyers must agree and allow Sellers to charge the payment amount they designate for amounts due to be paid by the buyers (including shipping charges)

  7. Buyers must agree to purchase products, Artwork, and Content using Paparartzy’s payment method using PayPal or credit cards (Visa and Mastercard) as payment.

  8. Paparartzy does not take any responsibility to provide refunds or ensure that the Buyer receives a refund.  This is the sole responsibility of the Buyer.

  9. Payments within Canada are to be made in Canadian Dollars, including any applicable sales taxes.

  10. Payments are to be made in US Dollars for International purchases.  

  11. Buyers and Sellers permit Paparartzy to make a final decision, using sole discretion, on any claim that a buyer files with Paparartzy.

  12. Buyers will be refund purchases directly from respective Sellers in the same manner as payment. For example, if you received payment via PayPal, credit the buyers’ PayPal account.

Rules for Sellers

Buyers and Sellers share the responsibility for making sure purchases facilitated by Paparartzy are rewarding and hassle-free. Registered Sellers and Buyers are required to have account with Paparartzy and must have a PayPal Account filed with Paparartzy.  Buyers and Sellers agree that:

  1. All sales facilitated by Paparartzy must be done through the Gallery program Site.

  2. Sellers and Buyers must be registered Paparartzy account holders with correct and accurate contact/personal information.

  3. Sellers must file valid Pay Pal accounts with Paparartzy prior to either selling or buying any Artwork or Content.

  4. Sellers and Buyers will conduct the purchase and sale transaction independently of Paparartzy.com.

  5. Sellers must agree and allow Paparartzy to charge a designated fee to be paid by the Seller upon listing individual artwork for sale – fee applies to each artwork posted for sale.

  6. Sellers will be responsible for pricing/charging their sale and shipping price for their artworks listed for sale.

  7.  Sellers must agree to ship the product to the buyer within 2 days (48hours) of the date of the sale and purchase of the product/Artwork/Content.

  8. Sellers must return/ refund purchases in the same manner as payment. For example, if you received payment via PayPal, credit the buyers’ PayPal account.

  9. Payments within Canada are to be made in Canadian Dollars, including any applicable sales taxes.

  10. Payments are to be made in US Dollars for International purchases.

  11. Sellers must post the total price of the artwork (including applicable taxes) and shipping and handling at the time of sale.  Sellers must agree not to request any other additional funds from Buyer after transaction is completed on the site.

  12. Sellers and Buyers permit Paparartzy to make a final decision, using sole discretion, on any claim that a buyer files with Paparartzy

22. Order Cancellations

Paparartzy reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Paparartzy determines, in its sole discretion; that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Paparartzy cancels an order placed via the Site and Services, Paparartzy will send you an email confirmation of such cancellation and you will not be charged for your order.

See Paparartzy’s Fees and Purchase policy at www.Paparartzy.com/feesandPurchasingpolicy for information and notices concerning Paparartzy Seller and Buyers Terms and Conditions

 

23. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PAPARARTZY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. PAPARARTZY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. PAPARARTZY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAPARARTZY 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.

 

IN NO EVENT SHALL PAPARARTZY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, 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.

YOU SPECIFICALLY ACKNOWLEDGE THAT PAPARARTZY SHALL NOT BE LIABLE FOR 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.

24. Limitation of Liability

The Service is controlled and offered by Paparartzy from its facilities in the Province of Ontario, Canada. Paparartzy makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

25. Indemnity

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Paparartzy without restriction.  To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Paparartzy, its parent corporation, 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: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

You agree that: (i) the Service shall be deemed solely based in Canada and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Paparartzy, either specific or general, in jurisdictions other than Canada These Terms of Service shall be governed by the internal substantive federal and provincial laws of the Canada, without respect to its conflict of laws principles. Any claim or dispute between you and Paparartzy that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Paparartzy's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Paparartzy reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND PAPARARTZY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.