Description of Service

The Creative Camera Club of Lexington (“The Creative Camera Club”, “we”, “us” or “our”) provides a platform via its website (the “Site”) to a community of registered users (“users”, "members" or “you”) to engage in a variety of activities, including to upload and display photographs, share comments, opinions, and ideas, and participate in contests. The foregoing list of Services is not all-inclusive and additional Services may be offered by us from time to time. The following are the terms of use (“Terms”) for using the Site and the Services.

Acceptance of Terms

BY USING THE SITE, YOU ARE AGREEING, ON BEHALF OF YOURSELF AND THOSE YOU REPRESENT, TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AS WELL AS OUR PRIVACY POLICY AND ALL APPLICABLE LAWS. IF YOU, FOR YOURSELF OR ON BEHALF OF THOSE YOU REPRESENT, DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SITE, AND, IF YOU ARE ALREADY REGISTERED, CANCEL YOUR ACCOUNT.

Modification of Terms

The Creative Camera Club reserves the right, at its sole discretion, to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, we will notify you by posting an announcement on the Site. What constitutes a material change will be determined at The Creative Camera Club's sole discretion. You are responsible for reviewing and becoming familiar with any such modifications. Using any Service or viewing any Photographs constitutes your acceptance of the Terms as modified.  In addition, when using particular features of the Site, you are subject to any posted guidelines, terms or rules applicable to such Services.

Your access to and use of the Site and our Services may be interrupted from time to time as a result of updating, maintenance or repair of the Site or any other reason within or outside of our control. The Creative Camera Club reserves the right to suspend or discontinue the availability of the Site, any Service, and to remove any Photographs at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Photographs, and you are directed to retain your own copies of all Photographs posted on the Site.

Registration

As a condition to using the Services, you are required to open an account with The Creative Camera Club of Lexington select a password, and to provide registration information including a valid email address. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Site, by terminating your account. Any personal information that you provide to The Creative Camera Club is governed by our Privacy Policy.

You may not use the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Creative Camera Club account.

Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

User Conduct

All Photographs posted or otherwise submitted to the Site, and any comments, or other communications (“Communications”, with Photographs and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such content originate. You acknowledge and agree that you, and not The Creative Camera Club, are entirely responsible for all Content that you post, or otherwise submit to the Site. Creative Camera Club does not control user submitted Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

As a condition of use, you promise to abide by these terms of use and not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Creative Camera Club. By way of example, and not as a limitation, you agree not to use the Services:

1) To abuse, harass, threaten, impersonate, or intimidate any person;

2) To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;

3) To communicate with our representatives or other users in an abusive or offensive manner;

4) For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Site;

5) To post or transmit, or cause to be posted or transmitted, any Communication designed or intended to obtain password, account, or private information from any Site user;

6) To create or transmit unwanted ‘spam' to any person or any URL;

7) You agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

8) To artificially inflate or alter contest scores, like counts, comments, or any other Service or, for participating in any other organized effort that in any way artificially alters the results of Services;

9) To advertise to, or solicit, any user to buy or sell any third party products or services, or to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

10) To sell, assign, or otherwise transfer your Profile or account.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below), please send written notice to info@creativecamera.club.

You are solely responsible for your interactions with other users of the Site. The Creative Camera Club reserves the right, but has no obligation, to review disputes between you and other users. This includes reports regarding alleged harassment, indecency, and offensive messages.

If the Services or Site are used in a manner that violates the Terms in any way, The Creative Camera Club may at its sole discretion, but is not required to, suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

File Storage Policy

The Creative Camera Club's website is not a file storage service, and therefore does not maintain large storage capabilities. Photographs uploaded to Creative Camera Club services are stored for a limited amount of time. After an acceptable period of time (as designated by us) has passed, we reserve the right to remove said photographs from our servers. No prior notice of this action need be provided to users, and users should not rely on us to maintain storage of photographs for any period of time.

Registration

As a condition to using the Site, you are required to open an account with The Creative Camera Club, select a password, and to provide registration information including full name and a valid email address. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Site, by terminating your account. Any personal information that you provide to us is governed by our Privacy Policy.

You may not use as a name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Creative Camera Club account.

Services are available to authorized representatives of legal entities and to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.

Copyrights

You maintain all rights to all photographs you upload to the Site, as long as you were the rightful owner to begin with.

You grant The Creative Camera Club the right to store and display your photographs in any of the individual club's galleries and/or contests to which you submitted the photographs. These rights are automatically revoked by you when you delete said photographs from the system.

Creative Camera Club, or any of its representatives, shall not be held liable for any copyright infringement or intellectual property infringements perpetrated by any other user of creativecamera.club, which includes, but is not limited to, administrators and/or moderators of individual camera clubs utilizing the Site.

Copyright Complaints

Creative Camera Club reserves the right to remove any Content that allegedly infringes another person's copyright. In appropriate circumstances, We will terminate the accounts of users who infringe copyright. regarding any alleged copyright infringement should be directed to Creative Camera Club at info@creativecamera.club.

Links

The Site may provide, or third parties may provide, links to other sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that The Creative Camera Club is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Creative Camera Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge The Creative Camera Club of Lexington, its representatives and Board of Directors of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless creativecamera.club, its representatives and Board of Directors from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or creativecamera.club Username and password, (iv) the licensing, distribution, or use of your Photographs, or (v) any violation of any rights of a third party. The Creative Camera Club reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Trademarks

The Creative Camera Club, creativecamera.club, and other graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, or trade dress of The Creative Camera Club. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Creative Camera Club.

Termination

The Creative Camera Club may terminate or suspend all Services and/or your creativecameraclub account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. We will also suspend any accounts which have not paid Club Dues for six months or longer. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your creativecamera.club account, you must do so via email to info@creativecamera.club, which will result in the removal of your Photographs from the Site pursuant to these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

Upon termination (by Creative Camera Club or you), Creative Camera Club will remove your Photographs.

It is your responsibility to retain copies of your Photographs as we will automatically remove and delete all Photographs from your account prior to termination.

Warranty Disclaimer

YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE CREATIVE CAMERA CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CREATIVE CAMERA CLUB DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS, (D) THE UNAVAILABILITY OF ALL OR ANY PART OF THE SITE OR THE SERVICES, (E) YOUR USE OF THE SITE OR THE SERVICES, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES.

Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER CREATIVECAMERA.CLUB NOR ANY OF ITS REPRESENTATIVES OR BOARD OF DIRECTORS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. CREATIVE CAMERA CLUB OR ANY OF ITS BOARD SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES.