DAILYCELEB SUBSCRIPTION AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("CUSTOMER") AND IMAGE NETWORK, INC./DAILYCELEB.COM, ("DAILYCELEB"). BY CHECKING THE BOX NEXT TO "I ACCEPT" BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE USAGE SPECIFICATIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CHECK THE BOX NEXT TO "I ACCEPT". THIS AGREEMENT GOVERNS YOUR RIGHTS AND OBLIGATIONS CONCERNING YOUR VIEWING OF VISUAL AND/OR OTHER FORMS OF MATERIALS OR DIGITAL INFORMATION FURNISHED BY DAILYCELEB (THE "IMAGES"). CUSTOMER MAY OBTAIN ACCESS TO VIEW IMAGES FURNISHED BY DAILYCELEB BEYOND THAT WHICH IS VIEWABLE BY VISITORS TO THE SITE WHO HAVE NOT ENTERED INTO A SUBSCRIPTION AGREEMENT, ONLY UPON THE FOLLOWING TERMS AND CONDITIONS:
1. Subscription Account
In order to view the Images, Customer must apply for a DailyCeleb Subscription Account (the "Subscription Account"). Customer agrees to furnish true and accurate information. DailyCeleb reserves sole discretion over whether to grant Customer a Subscription Account, and Customer agrees to access the authorized section of www.DailyCeleb.com (the "Website") only using the Subscription Account number and password supplied to Customer by DailyCeleb. Customer is responsible for maintaining the confidentiality of Customer's Subscription Account number and/or password. Only one individual may access the Website at the same time using the same username and password. Each Customer may have only one Subscription Account with DailyCeleb.
2. Use of Images under Subscription Account
Customer is only granted the right to view the Images furnished by DailyCeleb on the Website. In no event will Customer be able to save or print the Images on the Website. DailyCeleb grants Customer no other rights in connection with the Images. CUSTOMER SHALL NOT AND AGREES THAT HE/SHE WILL NOT (i) SAVE, PRINT, COPY OR REPRODUCE THE CONTENT AND/OR IMAGES RECEIVED THROUGH WWW.DAILYCELEB.COM, or (ii) RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST, OR CIRCULATE THE CONTENT AND/OR IMAGES RECEIVED THROUGH WWW.DAILYCELEB.COM TO ANYONE.
3. Subscription Account Fees and Payments
Customers may choose to enter into the following Subscription Accounts: (i) Basic (view all medium and high resolution Images that have been posted on the Website for the past 30 days for $19.95/month), (ii) Plus (view all medium and high resolution images that have been posted on the Website in the past year for $39.95/month), or (iii) Research (view all Images in the DailyCeleb archive for $99.95/month). Subscription Accounts will be charged to Customer's credit card designated at the time Customer registers for the Subscription Account. If Customer believes someone has accessed the Website using Customer's username and password without Customer's authorization, Customer must contact DailyCeleb Customer Service by clicking on the “Contact Us” link at the bottom of the Website, and then making this notification to the Customer Care email address.
4. Term and Cancellation of Subscription Agreement
Customer's subscription will last for one month from the date their Subscription Account is activated. It will be automatically renewed each month unless the customer cancels the subscription by sending an email notification to the Customer Care email address listed in the Contact Us section at the bottom of the website. Such cancellation notice must be delivered to DailyCeleb at least 48 hours prior to the expiration date of Customer's then existing subscription term. DailyCeleb shall have the right, in its sole discretion, to terminate this Agreement and Customer's Subscription Account, for any reason or no reason at all, immediately upon written notice to Customer. Each time a Subscription Account is automatically renewed, a renewal fee will be charged to Customer's credit card on or around the start of the new subscription period. Customer agrees to pay all fees and charges incurred in connection with Customer's username and password for the Website at the rates in effect when the charges were incurred. Customer is also responsible for any fees or charges incurred to access the Website through an Internet access provider or other third-party service. Customer, and not DailyCeleb, is responsible for paying any amounts billed to Customer's credit card by a third party that was not authorized by Customer.
5. INTELLECTUAL PROPERTY PROTECTION AND LIMITATIONS ON USE
Only one individual may access www.DailyCeleb.com at the same time using the same username and password. Each Customer may have only one account with DailyCeleb. The content available through www.DailyCeleb.com is the property of DailyCeleb, its photographers, and content suppliers and is protected by copyright and other intellectual property laws. In this respect, each Customer acknowledges that trademarks and images of clothing and fashion collections are protected by intellectual property laws and that the Customer cannot make any use of such images and/or trademarks without the prior written consent of the owners, or their authorized licensees, of such intellectual property. The Content may be displayed with watermarks and other protective measures. Content received through www.DailyCeleb.com may be viewed only. YOU AGREE NOT TO SAVE, PRINT, REPRODUCE, RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST, OR CIRCULATE THE CONTENT RECEIVED THROUGH WWW.DAILYCELEB.COM TO ANYONE. DailyCeleb and its content suppliers enforce their copyright and other rights and interests to the fullest extent permitted by law and will seek civil and criminal remedies where appropriate, including the remedies provided under Section 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
6. Disclaimer
THIS SITE IS PROVIDED BY DAILYCELEB ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAILYCELEB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, IMAGES, CONTENT OR MATERIALS INCLUDED OR LISTED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DAILYCELEB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DAILYCELEB OR ITS CONTENT PROVIDERS BE LIABLE TO CUSTOMER OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM USE OF OR SERVICE PROVIDED ON THE WEBSITE, EVEN IF DAILYCELEB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAILYCELEB'S LIABILITY EXCEED THE SUBSCRIPTION FEE PAID BY CUSTOMER PER MONTH OF SERVICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DAILYCELEB, ITS CONTENT PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall DailyCeleb or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. Customer acknowledges that this paragraph shall apply to all content, Images and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
7.Customer
Customer represents and warrants that he/she is over the age of 18.
8.Change in Terms
This Agreement may not be amended, modified or waived in whole or in part except in a writing signed by the parties.
9. Assignment
Customer may not assign its right and/or obligations under this Agreement without obtaining the prior written consent of DailyCeleb. DailyCeleb may assign this Agreement.
10. Governing Law
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of California without regard to its conflicts of law principles.
11. Arbitration
Any controversy or claim arising out of or in conjunction with this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association then in effect in the State of California and judgment upon such award rendered by the arbitrator shall be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof. The parties agree that the arbitration shall be held in Los Angeles County in the State of California. The arbitration award shall include attorneys' fees and costs to the prevailing party.
12. Waiver
No action of DailyCeleb or Customer, other than an express written waiver, may be construed as a waiver of any term of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
13. Severability
Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
14. Headings
Headings used in this Agreement are for reference only and shall not be deemed part of this Agreement.
15. Remedies
Unless otherwise specified herein, the rights and remedies of both parties set forth in the Agreement are not exclusive and are in addition to any other rights and remedies available to them in law or in equity.
16. Entire Agreement
This Agreement evidences the complete understanding of the parties with respect to the subject matter hereof and supercedes and merges all previous proposals, communications, understandings and agreements, whether4 oral or written, between the parties with respect to the subject matter hereof. This Agreement may not be amended, modified or waived in whole or in part except in a writing signed by the parties.
