Terms of Use

 

Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY  Custom Photo Props , LLC dba Custom Photography Warehouse . ("CPW"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.CUSTOMPHOTOGRAPHYWAREHOUSE.COM (THE "SITE") AND ALL SERVICES PROVIDED BY CPW ON THE SITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

1.  Custom Photo Props , LLC dba Custom Photography Warehouse  is a Venue

CPW acts as a venue to allow users who comply with CPW’s policies, to offer, sell and buy certain photography related items within a fixed-price format. CPW is not directly involved in the transaction between buyers and sellers. As a result, CPW 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. CPW does not pre-screen users or the content or information provided by users. CPW cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, CPW does not transfer legal ownership of items from the seller to the buyer.

CPW cannot guarantee the true identity, age, and nationality of a user. CPW encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

You agree that CPW 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 CPW. You use the Site at your own risk.

2. Product Allowance

By using th CPW venue, you agree to sell only photography related products. . Items must be in new and unused condition. Electronically delivered products such as templates, actions, and learning software are allowed to be sold and electronically delivered.  Photography props, camera equipment, camera lenses, camera bags, photographs, picture frames and the like are allowed to be sold on CPW.  CPW is allowed at its discretion to take down, with notice but not necessarily response, any items that are not permitted for sale on CPW.  It is suggested that you contact  CPW with any questions you have concerning the allowance of such item or its relativity.

3. Membership Eligibility

Age:  CPW’s 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. CPW may, in its sole discretion, 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 Site is revoked in such jurisdictions.

Compliance: 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 CPW policy documents listed below (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 CPW, each of which is incorporated herein by reference and each of which may be updated by CPW from time to time without notice to you:

Password: Always keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CPW of any unauthorized use of your password or any breach of security. You also agree that CPW cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than CPW without CPW's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on CPW you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your CPW account and User ID to another party. If you are registering as a business entity, your individual identity information must be provided and you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: CPW's services are not available to temporarily or indefinitely suspended CPW members. CPW reserves the right, in CPW's sole discretion, to cancel unconfirmed or inactive accounts. CPW reserves the right to refuse service to anyone, for any reason, at any time.

4. Fees and Services

Joining and setting up a shop on CPW is free. CPW charges a 6.5% commission when an item sells.  There is also a 3.5% fee to process credit card and Paypal transactions as the fees and charges for these transactions are paid by Custom Photography Warehouse through our credit card processing company and our Paypal account.  Commission is non-refundable once the sale has been completed.  CPW does not charge any listing fees. When you list an item you have an opportunity to review and accept the fees that you will be charged. CPW may, at CPW's sole discretion, change some or all of CPW's services at any time. In the event CPW introduces a new service, the fees for that service are effective at the launch of the service. We will always notify you of this before any change occurs. Unless otherwise stated, all fees are quoted in US Dollars (USD).

Once  a week on Thursday, CPW will manually transfer any monies owed to you minus the 6.5% commission rate for those sales and the 3.5% fee for processing those sales through our credit card and Paypal accounts.   

Chargebacks and Disputes:  CPW is the Merchant Account holder for credit card processing.  The selling vendor will remain liabile for any disputes or chargebacks occuring from a sale in a vendors shop in addition to any fees accrued because of the chargeback or dispute.  CPW is permitted, and vendor hereby consents, to take a set off against vendors account due to chargebacks or disputes.  In such case, CPW will provide written notice to vendor.  In the case there is insufficient remaining balance in the vendor’s account for the set off, amounts due shall be invoiced to the vendor directly.  It is each vendor’s responsibility to know your customer before sending out any products.

5. Listing and Selling

Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with CPW's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your CPW shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Shop Policies: All sellers are urged to outline shop policies for their CPW shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with CPW's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. CPW reserves the right to request that a seller modify a shop policy.  If Seller fails to modify the policy, CPW may suspend Seller from the Site.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding CPW transaction fees, misrepresent the item's location, or use another user's account without permission. You may not send a potential customer to another website to complete a transaction to avoid fees. All orders that are started on CPW must be completed on the website.

6. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to CPW and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on CPW.

Restricted Activities: Your Content and your use of CPW shall not:

1.     Be false, inaccurate or misleading

2.     Be fraudulent or involve the sale of illegal, counterfeit or stolen items

3.     Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

4.     Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

5.     Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including CPW staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

6.     Be obscene or contain child pornography

7.     Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

8.     Host images not part of a listing

9.     Modify, adapt or hack CPW or modify another website so as to falsely imply that it is associated with CPW;

10.   Appear to create liability for CPW or cause CPW to lose (in whole or in part) the services of CPW's ISPs or other suppliers

11.   Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, or other policy documents as posted on CPW.

7. Content

License: CPW does not claim ownership rights in your Content. You grant CPW a license solely to enable CPW to use any information or Content you supply CPW with, so that CPW is not violating any rights you might have in that Content. You grant CPW a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow CPW to store or re-format your Content on CPW and display your Content on CPW in any way as CPW chooses.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another CPW user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for CPW-related communications. CPW has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any CPW user to your email or physical mail list.

Re-Posting Content: By posting Content on CPW, it is possible for an outside website or a third party to re-post that Content. You agree to hold CPW harmless for any dispute concerning this use. If you choose to display your own CPW-hosted image on another website, the image must provide a link back to its listing page on CPW.

Idea Submissions: CPW considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and CPW shall not be liable for the disclosure or use of such Material. If, at CPW's request, any member sends Material to improve the site CPW will also consider that Material to be non-confidential and non-proprietary and CPW will not be liable for use or disclosure of the Material. Any communication by you to CPW is subject to this Agreement. You hereby grant and agree to grant CPW, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

8. Information Control

CPW does not control the Content provided by users that is made available on the Site. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using CPW, you agree to accept such risks and that CPW (and CPW's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on CPW. Please use caution, common sense, and practice safe buying and selling when using CPW.

Other Resources: CPW is not responsible for the availability of outside websites or resources linked to or referenced on the Site. CPW does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CPW 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.

9. Resolution of Disputes and Release

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Chautauqua County, New York, using the English language in accordance with the Arbitration Rules and Procedures of the American Bar Association then in effect,. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, CPW shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

You and CPW agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release CPW (and CPW's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CPW encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

CPW, for the benefit of users, may try to help users resolve disputes. CPW does so in CPW's sole discretion, and CPW has no obligation to resolve disputes between users or between users and outside parties. To the extent that CPW attempts to resolve a dispute, CPW will do so in good faith based solely on CPW's policies. CPW will not make judgments regarding legal issues or claims.

10. CPW's Intellectual Property

CPW, and other CPW graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of CPW  in the U.S. and/or other countries. CPW's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion. CPW will take legal action against anyone who interferes with CPW’s Intellectual Property. That defendant will also be prosecuted for any legal costs CPW may incur.

11. Access and Interference

CPW may contain robot exclusion headers which contain internal rules for software usage. Much of the information on CPW is updated on a real-time basis and is proprietary or is licensed to CPW by CPW's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access CPW for any purpose whatsoever, except to the extent expressly permitted by and in compliance without CPW's prior express written permission. Additionally, you agree that you will not:

1.     Take any action that imposes, or may impose, in CPW's sole discretion, an unreasonable or disproportionately large load on CPW's infrastructure

2.     Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site except to the extent expressly permitted without the prior express written permission of CPW and the appropriate third party, as applicable

3.     Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

4.     Bypass CPW's robot exclusion headers or other measures CPW may use to prevent or restrict access to CPW.

 

12. Breach

Without limiting any other remedies, CPW may, without notice, in its sole discretion, and without refunding any fees, delay or immediately remove Content, warn CPW's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

1.  CPW suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, or other policy documents and community guidelines incorporated herein; or

2.  CPW is unable to verify or authenticate any of your personal information or Content; or

3.  CPW believes that a user is acting inconsistently with the letter or spirit of CPW's policies, has engaged in improper or fraudulent activity in connection with CPW or the actions may cause legal liability or financial loss to CPW's users or to CPW.

13. Privacy

CPW will not sell or disclose your personal information to third parties without your explicit consent. CPW stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

14. No Warranty

CPW, CPW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CPW'S SUPPLIERS PROVIDE CPW'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CPW, CPW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CPW'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CPW SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

15. Liability Limit

IN NO EVENT SHALL CPW, AND (AS APPLICABLE) CPW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CPW'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CPW'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

CPW'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CPW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CPW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

16. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD CPW AND (AS APPLICABLE) CPW'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

17. No Guarantee

CPW does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CPW's control.

18. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any CPW service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on CPW's net income).

19. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

20. No Agency

You and CPW are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

21. CPW Service

CPW reserves the right to modify or terminate the CPW service for any reason, without notice, at any time. CPW reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If CPW makes a material change CPW will notify you here, by email, by means of a notice on our home page, or other places CPW deems appropriate. What constitutes a "material change" will be determined at CPW's sole discretion, in good faith, and using common sense and reasonable judgment.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.

23. Survival

Sections 3 (Membership Eligibility), 7 (Content), 8 (Information Control), 9 (Resolution of Dispute and Release), 10 (CPW's Intellectual Property), 11 (Access and Interference), 12 (Breach), 13 (Privacy), 14 (No Warranty), 15 (Liability Limit), 16 (Indemnity), 17 (No Guarantee), 19 (Severability), 20 (No Agency), 22 (Choice of Law) shall survive any termination or expiration of this Agreement..

We are located in Silver Creek, NY and can be reached at 716-951-8021 Monday through Friday from 8:30 am to 3:30 pm.