Effective 25th March 2025
By downloading files including photography, illustration, and animation from the Photooh website (“Photooh Content”) you agree to be bound by the terms of this Agreement. Do not download Photooh or Purchase Content if you do not accept these terms. Only use Photooh Content only as specified below.
Adult-Oriented Content:
1. Agreement to View Adult Material:
1.1 The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by Celebrity, LLC. within the Photooh Website may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
(a) (1) You are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.
(b) All information you provided to the Photooh Website is accurate, and you will promptly __update__ this information when necessary to make sure that it remains accurate.
(c) You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.
(d) You are familiar with your community laws affecting your right to access adult-oriented materials, including sexually explicit material depicting sexual activities.
(e) You have the legal right to access adult-oriented materials, including sexually explicit material depicting sexual activities, and the Photooh has legal right to transmit them to you.
(f) You are voluntarily requesting adult-oriented materials for your private enjoyment.
(g) You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of local law.
(h) You will not share these materials with a minor or otherwise make them available to a minor.
(i) By accessing the Portal, you have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
2. PARENTAL CONTROL:
2.1 Section 230(d) Notice: Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which the Photooh provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
2. Child Sexual Abuse Material (CSAM) Prohibited:
2.1 Photooh prohibits content involving minors on the Website. Photooh only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Portal or that is otherwise exploitative of children, please promptly report this to the Photooh at contentinquiries@photooh.com. Please include with your report all appropriate evidence, including the date and time of identification. Photooh will promptly investigate all reports and take proper action. Photooh fully cooperates with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
3. Account Creation:
3.1 You must complete the registration process by providing the Photooh with accurate information as prompted by the registration form. You must provide a valid email address and a password. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website_qt_s technical requirements for the composition of passwords. By creating an account, you state to the Company that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Website, the Company did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
3.2 Responsibility for Account. You are responsible for keeping your Login secure and confidential. You must not distribute your Login to others. If you do, this will result in an immediate termination of your Account as set out in section 3.1.
Further, you are responsible for all activities that occur under your Login. You will promptly notify Photooh of any unauthorized use of your Login or any other breach of security. Photooh may disable any username, password, or other identifier, whether chosen by you or provided by the Photooh, at any time in its sole discretion for any reason or no reason, including if, in its opinion, you have violated any part of this agreement.
3.3 Liability for Account Misuse. Photooh will not be liable for any loss that you may incur as a result of someone else using your Login, either with or without your knowledge. You could be held liable for losses incurred by Photooh or another person due to someone else using your Login.
3.4 Use of Other Accounts. You must not use anyone else Login at any time.
3.5 Account Security. Photooh cares about the integrity and security of your personal information. While Photooh invest in the highest security measures to ensure a safe operating environment, Photooh cannot guarantee that unauthorized persons will never be able to defeat the Website security measures or use any personal information you provide to Photooh for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.
4. Territory:
4.1 Territory. Accessing this Website is for use for customers within a limited territory that excludes all jurisdictions where the content is illegal ("Territory"). Access to the Website might not be legal by certain persons or in certain countries. Photooh is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.
4.2 Location Breach. If Photooh detects the Website is used outside the Territory, Photooh may, at its discretion, disable the account, so the Login will not work and terminate this agreement for breach without any refund of fees or credits already paid.
5. Accessing the Website:
The Website allows you to buy downloadable digital content or physical products, including photos, videos for streaming or download or both.
To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Website system and compatibility requirements and a high-speed internet connection. Photooh may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. Photooh will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users in order to upgrade or maintain the website. You are responsible for making all arrangements necessary for you to have access to the Website.
6. Communication Preferences:
6.1 By registering for an account, you consent to receive electronic communications from Photooh relating to your account. Communications may involve sending emails to your email address provided during registration or posting communications on the Website. Communications will include notices about your account (e.g., purchase invoice and receipts, change in password, confirmation emails, and other transactional information) and are part of your relationship with the Photooh. You acknowledge that any notices, agreements, disclosures, or other communications that the Photooh sends you electronically will satisfy any legal communication requirements, including that these communications be in writing. Photooh recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from Photooh, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from Photooh may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
7. Downloading:
7.1 Materials that may be downloaded on the Photooh Website, including licensed content, is limited to 100GB per day. At its discretion, Photooh reserves the right to change the daily download limits at anytime without notice. Photooh may suspend or ban accounts that exceed this daily limit. If your account is banned, you will get a pro-rated refund based on any credits left in your account at the time. Any user whose account is suspended or banned will receive an email notice from the Photooh.
7.2 Our image Downloads and Prints Products are watermark-free. They are clear, sharp and ready for use.
8. Termination by Photooh:
8.1 Photooh may suspend, disable, or terminate your access to the Website or
(any part of it) for any reason, including but not limited to access, if it determines that you have breached this agreement, you engaged in fraud, you fail to comply with Photoohs reasonable requirements (including but not limited to undergoing age verification and similar checks), that your conduct would tend to damage Photoohs reputation and goodwill, or that your conduct would be deemed to be harassment (Harassing conduct may include epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual) to any employment or representative of Photooh.
8.2 Effect of Termination. On termination, your right to access the Website and all licenses granted by the Photooh terminates. Photooh may block your email and IP address to prevent further access. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to Photooh or any third party.
9. Chargebacks:
9.1 Photooh carefully investigates all chargebacks, and may pursue various methods of challenge, including but not limited to representation, where Photooh deems it appropriate to do so. Photooh may prevent future purchases with the Website and its affiliates in the event of a chargeback. Chargebacks as well as any action taken by a User made to unlawfully or unreasonably obtain goods or services from the Website will constitute a breach of contract and will not be tolerated. The User will remain responsible for the consequences and expenses caused by such a breach of contract.
10. Intellectual Property Rights:
10.1 Ownership. Photooh owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, audio, the design and arrangement of them (collectively, "Materials") are owned by Photooh, its licensors, or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Photooh Website.
11. License Grant:
11.1 Subject to this agreement and any supplemental terms mentioned herein, Photooh hereby grants you a single, limited, personal, non-transferable, nonsublicensable, non-exclusive license (i.e., a personal and limited right) to access and use the Website for the sole purpose of accessing the Materials in the manner provided for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
(a) Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(d) You may download or stream any Materials to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
(e) If Photooh provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Photoohs end user license agreement for those applications.
(f) If Photooh provides social media features with certain content, you may take those actions as are enabled by those features.
11.2 Images found on Photooh Website is licensed in two ways:
ROYALTY-FREE AND CREATIVE COMMONS ZERO (CC0) LICENSE
The CC0 license was released by the non-profit organization Creative Commons (CC). Get more information about Creative Commons images and the license on the official license page. www.creativecommons.org/share-your-work/cclicenses/
11.3 Copyright Disclaimer... Under Section 107 of the Copyright Act 1976, allowance is made for "Fair Use" in whole or part for purposes such as criticism, comment, news reporting, teaching, scholarship and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.
D.M.C.A Statement
Digital Millennium Copyright Act
Celebrity, LLC. Photooh.com
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://copyright.gov/legislation/pl105-304.pdf), Celebrity, LLC. (Photooh) will respond expeditiously to claims of copyright infringement that are reported to Celebrity, LLC. designated copyright agent.
If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to Celebrity, LLC. by providing Celebrity, LLCs designated agent listed below with the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyright 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 the Website;
• 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 Celebrity, LLC. to locate the material;
• Information reasonably sufficient to permit Celebrity, LLC. to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
• A statement that the complaining party has 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
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All claims of copyright infringement on or regarding this Website should be delivered to Celebrity. LLCs designated agent for notification of claims of infringement pursuant to Section 512(c) of the Copyright Act at the following addresses:
Name: Celebrity, LLC.
Email: contentinquiries@photooh.com
Please do not send other communications to our designated agent. Except where the law may hold otherwise, our designated agent is not authorized to accept or waive service of formal legal process
12. Trademarks:
12.1 Photoohs name and logo; the term Photooh or Celebrity, LLC.; the Website logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Websites look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Celebrity, LLC. and Photooh, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not Celebrity, LLC. and Photooh, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits Celebrity, LLC. and Photooh, without first obtaining Celebrity, LLC. and Photooh prior written permission. Any use of these marks must be under any guidelines that Celebrity, LLC. and Photooh may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Portal are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information-by trade name, trademark, manufacturer, supplier, or otherwise-does not constitute or imply Celebrity, LLC. and Photooh endorsement, sponsorship, recommendation, or any other affiliation.
13. Prohibited Uses:
13.1 You must use the Photooh Website only for lawful purposes and under this agreement. You must not use the Website:
(a) In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries), or in any way that does not comply with any supplemental terms including, but not limited to, the Photooh Prohibited Use Policy.
(b) To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
(c) If the Website enables Users to share information with third parties, the User will not submit, publish, or display any obscene, defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of material violating any federal, state, or local law is prohibited and is a breach of this agreement. Photooh will not be liable for any information posted by Users on the Website. Photooh is not required, but reserves the right, to edit material posted by the User on the Website. The User hereby grants Photooh an unlimited, worldwide, royalty-free license to collect, store, and disclose all material posted by the User on the Website.
(d) To transmit, or procure the sending of, any advertising or promotional material without Photooh prior written consent, including any junk mail, chain letter, spam, or any other similar solicitation.
(e) To impersonate or attempt to impersonate Photooh, any Photooh employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the preceding).
(f) To engage in any other conduct that restricts or inhibits anyones use or enjoyment of the Website, or which, as the Photooh determines, may harm Photooh or the Websites users or expose them to liability.
14. Additionally, you must not:
(a) Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other partys use of the Website, including their ability to engage in real-time activities through the Website.
(b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Materials.
(c) Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without the Photooh prior written consent.
(d) Use any software or process to record, download or rebroadcast any Materials.
(e) Use any device, software, or routine that interferes with the proper working of the Website.
(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
(h) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(i) Otherwise attempt to interfere with the proper working of the Website.
15. Limit on Liability; Release:
15.1 Photooh, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies of Materials;
(b) Personal injury or property damage resulting from your access to and use of the Website, the Services, or the Materials;
(c) Materials or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(d) Interruption or cessation of transmission to or from the Website;
(e) Incompatibility between the Website and your other services, hardware, or software;
(f) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(i) Loss or damage incurred because of the use of any Materials posted, emailed, sent, or otherwise made available through the Website.
15.2 You hereby release Photooh, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
16. Exclusion of Damages; Exclusive Remedy:
16.1 Unless caused by gross negligence or intentional misconduct, Photooh, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or its content. This exclusion applies regardless of the theory of liability and even if you told Photooh or it knew or should have known about the possibility of damages.
16.2 Photooh, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of the theory of liability and even if you told Photooh or it knew or should have known about the possibility of damages.
16.3 If you are dissatisfied with Photooh or the Services or have any other complaint, your exclusive remedy is to stop using the Website and the Services. Photooh maximum liability to you for any claim will not exceed the greater of $100 and the amount you have paid to Photooh for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.
16.4 Waiver: You waive all rights and any other federal or state statutes or laws of similar effect.
17. Scope of Disclaimers, Exclusions, and Limitations:
17.1 The disclaimers, exclusions, and limitations stated in sections 15, 16 and 17 apply to the greatest extent allowed by law, but no more. Photooh does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations might not apply to you.
18. In General:
18.1 You will pay Photooh, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers ("Indemnified Parties") for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Partys intentional misconduct.
18.2 Definitions. Loss - means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
18.3 Indemnified Partys Duty to Notify: The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Partys failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
18.4 Legal Defense of a Claim: The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Partys written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Partys fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
18.5 No Exclusivity. The Indemnified Parties rights under this section 19 do not affect other rights they might have.
19. Governing Law and Jurisdiction:
19.1 Illinois law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreements predominant purpose is providing services and licensing access to intellectual property and not a "sale of goods." The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
19.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts of the United States District Court for the Northern District of illinois or any state court of competent jurisdiction in Cook County, illinois. Each party hereby submits to the personal jurisdiction of the United States District Court for the Northern District of illinois and the state Courts of competent jurisdiction in Cook County, illinois, to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
20. Arbitration:
20.1 (a) You and Celebrity, LLC. and Photooh are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Photooh arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.
(b) Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 21. The Federal Arbitration Act will govern the interpretation and enforcement of this section 21. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the Prevailing Party attorneys fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide Photooh with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, neither you nor Celebrity, LLC and Photooh, will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one persons claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
(e) If any provision of this Section 21 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
21. Recovery of Expenses:
21.1 In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 22, "Prevailing Party" means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
22. Jury Trial Waiver:
22.1 Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
23. Limitation on Time to Bring Claims:
23.1 A party will not bring a claim arising out of, or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
24. General:
24.1 Entire Agreement: This agreement constitutes the entire agreement between you and Celebrity, LLC and Photooh about your use of the Website and the Services and supersedes all earlier or contemporaneous agreements between you and Photooh about your access to and use of the Website and the Services. Any additional terms on the Website will govern the items to which they pertain.
24.2 Assignment and Delegation: Celebrity, LLC. and Photooh may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Celebrity, LLC. and Photooh prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 24 is void.
24.3 Waiver: If Celebrity, LLC. and Photooh fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
24.4 Severability: If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
25. Notices:
(a) Notice to Celebrity, LLC. and Photooh: You may notify Celebrity, LLC. and Photooh by email at support@photooh.com unless a specific email address is given for providing notice. Celebrity, LLC and Photooh may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying Celebrity, LLC. and Photooh.
(b) Notice to You-Electronic Notice. You consent to receive any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Portal chosen for this purpose. You state that any email address you gave the Company for contacting you is a valid email address for receiving notice.
26. Force Majeure:
Celebrity, LLC. and Photooh are not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
27. No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 29 of this agreement having the right to enforce section 29, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
28. Relationship of the Parties: This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, and neither party may bind the other on any agreement with a third party.
29. Binding Effect: This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
30. Electronic Communications Not Private: Celebrity, LLC. and Photooh does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to Celebrity, LLC. and Photooh or from Celebrity, LLC. and Photooh as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
31. Electronic Signatures: Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
32. Consumer Rights Information - illinois Residents Only. This section 32 applies only to illinois residents. In compliance with Section (815 ILCS 356/) (INFORM Consumers) Act, please note the following:
Celebrity, LLC.
800 Hart Rd Barrington, IL 60010
847-857-7400
33. Users who want to gain access to the members-only area of the Website must be a member in good standing. Photooh posts the current Fees for the Website on the registration page. Photooh may change the Fees at any time. Users may contact the Photooh at support@photooh.com to resolve any payment disputes or to receive further information about the Website.
34. Complaints: Your Comments and Concerns. The Website is operated by Celebrity, LLC., Photooh. You may contact us via email Contentinquiries@photooh.com
35. Feedback: Photooh encourages you to provide feedback about the Website or the Services. But Photooh will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
36. Complaint Policy: Photooh has a complaint process that allows you or anyone to report to the Photooh any conduct of a user that may be illegal or that otherwise violates this agreement. If you have a complaint about the Website, please send your complaint to support@photooh.com, including your name, address, contact details, a description of your complaint. If you cannot contact Photooh by email, please write to Celebrity, LLC. and Photooh at the address identified in Section 32. After receiving your complaint, (a) Photooh will take those steps as the Photooh considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint (Photooh will review and resolve all reported complaints regarding content that may be illegal or otherwise violate credit card association standards within seven (7) business days); (b) if Photooh requires further information or documents from you, Photooh will contact you to let you know; and (c) Photooh will in good faith take those actions as it considers appropriate to deal with the issue that your complaint has raised. Photooh is not required to inform you of the outcome of your complaint. You state that you will not make any complaint under this section 36 that is wholly unjustified, abusive, or made in bad faith. If Photooh determines that you have breached this warranty, Photooh may suspend or terminate your account.
All abuse notices, including alleged child sexual abuse material (CSAM), should be directed to contentinquiries@photooh.com.
You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at support@photooh.com
