PhotoeventPlus Legal Documents

(SaaS) Software as a service fees

We keep 15% service fee on all sales of royalty free licenses.
For product sales, we charge a 15% service fee of the markup price you set to products plus 3.25% processing fee on the entire purchase price.

Example:

You set the markup of a 38 cent print to $10.00.
The client pays $10.38
$10.00 = $8.50 - 34 cents processing fee = $8.16

Payments are issued monthly on the first of the month to accounts with a minimum balance of $100.00. Early payments or checks under $100.00 can be requested at a charge of $25.00.

Photoeventplus.com is owned and operated by

PhotoEventplus LLC
415 Dairy R Ste. E-524.
Kahului HI 96732
USA GE-171-532-6976-01

Pro User Agreement

By selecting “I accept” when registering or using PhotoEventPlus services you agree to be bound by this Agreement. PhotoEventPlus (“we” and “us”) will provide hosting and payment facilities to you for the licensing of images and the sale of products bearing your images, on the following terms and conditions:

1. You authorize us

(a) to license at the prices set by you on your behalf the use of image files and parts of image files including photographs, illustrations and animations uploaded to our website using your user name and password ("Image Files") to persons requesting licences, and
(b) to sell products bearing images from the Image Files ("Products"), at the prices set by you, all upon the commercial terms and conditions (http://www.photoeventplus.com/contracts/) we set for licences and Products posted on the PhotoeventPlus.com website from time to time.

2. Whenever new services become available your use of them will be under this Agreement unless we notify you otherwise. You will pay hosting and showcasing fees upon the commercial terms and conditions that may be posted on our website from time to time or we may cease providing facilities to you upon 15 days written notice given to the email address provided by you.

3. You will provide us with accurate and complete registration information and advise us promptly of any changes. If you don’t, you will be in breach of this Agreement allowing us to immediately terminate your use of our website. When you register you will receive a user name and password which we may assign or allow you to select. You may not select a user name that violates anyone’s rights or, in our discretion, we consider offensive, improper or inappropriate. If you do, we can modify or delete it.

4. You are responsible for all use and activities associated with or arising from use of your user name and password including any unauthorized use.

5. You represent and warrant to us and to purchasers of licences and Products through us, for each Image File as follows:
(a) the Image File does not infringe any law or any proprietary right of any other person including, without limitation, any trademark, copyright, trade secret, right of privacy, or right of publicity;
(b) you have and will retain all necessary copyright in and to the Image File so as to allow unlimited nonexclusive licensing and use of the Image File;
(c) to the extent that any Image File contains people and other persons’ property, you have obtained the appropriate model releases and property releases, unless otherwise noted; and
(d) the creators of the Image File have waived their moral rights in favor of PhotoEventPlus and purchasers of licences and Products.

6. You will indemnify and hold harmless PhotoEventPlus (which term includes its directors, officers, employees, partners and agents) from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred in connection with:
(a) any misuse or abuse of the PhotoEventPlus.com web site by any person using your user name and password; or
(b) any breach of your warranties in this Agreement.

7. We reserve the right, at your expense, to assume the exclusive defence and control of any matter which is the subject of indemnification by you, and in such case, you will cooperate in our defence of such claim.

8. We reserve the editorial right to remove any Image File from our website.

9. We are not liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use any Image File.

10. “Personal information” means any information relating to your use of our services and which specifically identifies you or your account. We may store and use your personal information for our own internal purposes and we reserve the right to access, monitor and retrieve password-protected information for compliance with this Agreement. We will not disclose your personal information, except as described in this Agreement, nor will we disclose information to others that will connect your user name with your actual name unless we are compelled by law. In our sole discretion, we still reserve the right to make exceptions, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities. We may sometimes aggregate information about our Pro Users and you agree we can make such statistical information to others, as long as we don’t identify you.

11. Independent Contractors

Our service is offered as a third party solutions for selling online. Nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship with Photoeventplus. We are a third party service and no employee-employer relationship between you and Photoeventplus exists. At all times the relationship between you and Photoeventplus will be that of an independent contractor. As part of our records we will collect W9 or W8BEN information as required by law. No part of Photographer’s compensation will be subject to withholding by Photoeventplus for the payment of any social security, federal, state or any other employee payroll taxes. Photoeventplus will maintain records and report amounts paid to Photographers. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of our services.

12. PhotoEventPlus LLC is claiming a Hawaii state export tax exemption under 237-29.5, 237-29.53, and/or 244D-4.3, HRS. Customer/Buyer states that the software, services, downloaded files, or physical printed items will be used or consumed outside the State of Hawaii.

13. CHOICE OF LAW AND VENUE

You enter into this agreement in the State of California and agree that it shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, for any Visitors accessing or making use of the Website from the European Union (“EU Visitors”), this Agreement shall be governed by English law. Each EU Visitor submits to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.

You agree that, in any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

14. If any provision of this Agreement is held invalid, the remainder of the Agreement will continue in full force and effect.

Royalty Free Download Agreement (for Stock photos)

By downloading files including photography, illustration, and animation from the PhotoEventPlus website (“PhotoEventPlus Content”) you agree to be bound by the terms of this Agreement. Do not download PhotoEventPlus Content if you do not accept these terms. Only use PhotoEventPlus Content only as specified below.

1. This is a license, not a sale, of PhotoEventPlus Content.

2. You are granted a non-exclusive, non-transferable license to use in perpetuity PhotoEventPlus Content on the terms and conditions contained in this Agreement. You may only engage in expressly permitted activity with respect to PhotoEventPlus Content under this Agreement.

3. CAUTION: WHILE PHOTOEVENTPLUS HAS ENDEAVOURED TO ENSURE THAT APPROPRIATE MODEL AND PROPERTY RELEASES HAVE BEEN OBTAINED BY ITS USERS, AND THAT USERS HAVE SUPPLIED ORIGINAL CONTENT TO PHOTOEVENTPLUS. PHOTOEVENTPLUS PROVDES NO EXPRESS OR IMPLIED REPESENTATION, WARRANTY OR CONDITION OF ANY KIND. THE ENTIRE RISK AS TO THE LEGAL AVAILABILITY AND SUITABILITY OF THE CONTENT FOR YOUR PURPOSES IS YOURS. THE TOTAL MAXIMUM AGGREGATE LIABILITY OF PHOTOEVENTPLUS TO YOU IS LIMITED TO THE AMOUNTACTUALLY PAID BY YOU TO PHOTOEVENTPLUS UNDER THIS AGREEMENT.

QUESTIONS REGARDING THE USABILITY FOR ANY PURPOSE OR PROPOSED USE SHOULD BE DIRECTED TO THE USER WHO PROVIDED THE PHOTOEVENTPLUS CONTENT TO OUR WEBSITE.
You may:
(a) install PhotoEventPlus Content in only one location, e.g., a CPU, or hard drive;
(b) physically transfer PhotoEventPlus Content from one location to another, provided that it is deleted from the previous location(s);
(c) make a copy of PhotoEventPlus Content solely for back-up purposes;
(d) incorporate the PhotoEventPlus Content into a new work (a “Derivative Work”) which is not substantially similar to the incorporated PhotoEventPlus Content;
(e) use, subject to the prohibitions set forth is subsections 5(f), 5(g), and 5(h), any PhotoEventPlus Content and any Derivative Work in the following applications:
(i) advertising in magazines and newspapers;
(ii) promotional, collateral and printed materials;
(iii) advertising or editorial use in publications including online or electronic publications, including web pages to a maximum resolution of 640 x 480 pixels @ 72 dpi;
(iv) prints and reproductions for personal use (not sale); and
(v) private study, teaching, research and other educational purposes; and
(f) transfer files containing PhotoEventPlus Content or Derivative Works to clients for the purpose of printing or electronic publication, as permitted above, provided that no client shall have any further rights to use PhotoEventPlus Content.

5. PROHIBITED USES: You may not do anything with PhotoEventPlus Content that is not expressly permitted under this Agreement. You may not provide a copy of any PhotoEventPlus Content to anyone or allow anyone to gain access to any PhotoEventPlus Content except as permitted above. Without limiting the generality of the foregoing you may not:
(a) use any PhotoEventPlus Content in design template applications for resale;
(b) display any PhotoEventPlus Content on websites for sales of "print on demand" products, including, without limitation, postcards, mugs, t-shirts, posters and other items;
(c) use PhotoEventPlus Content in posters or other products for resale;
(d) use PhotoEventPlus Content or any part thereof as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
(e) incorporate PhotoEventPlus Content in any product that results in a redistribution of PhotoEventPlus Content;
(f) use PhotoEventPlus Content in a fashion that may be considered to be pornographic, obscene, defamatory or libelous in nature;
(g) use PhotoEventPlus Content that depicts a person to endorse a business, product or service;
(h) use PhotoEventPlus Content that depicts a person in potentially sensitive subject matter including that which may cause duress, distress, or discomfort to another;
(i) sub-license, sell, rent, lend, or otherwise distribute any PhotoEventPlus Content;
(j) post any PhotoEventPlus Content on a server other than one used for a LAN accessed by fewer than 10 persons; or
(k) transfer the rights to any PhotoEventPlus Content, except as specifically provided for in this Agreement.

6. PhotoEventPlus and its Users continue to own all intellectual property rights in PhotoEventPlus Content. All other rights in and to the PhotoEventPlus Content and accompanying materials, including, all intellectual property rights relating thereto, are retained by PhotoEventPlus or its Users, as the case may be. Other parties who wish to use any Content must download it from the PhotoEventPlus website themselves.

7. INDEMNIFICATION: You agree to indemnify and hold PhotoEventPlus harmless against all claims or liability asserted against PhotoEventPlus arising out of or in connection with your use of PhotoEventPlus Content.

8. You will pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the PhotoEventPlus Content, pursuant to this Agreement.

9. CHOICE OF LAW AND VENUE

You enter into this agreement in the State of California and agree that it shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and the courts having appellate jurisdiction over those courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, for any Visitors accessing or making use of the Website from the European Union (“EU Visitors”), this Agreement shall be governed by English law. Each EU Visitor submits to the exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.

You agree that, in any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect.

10. If any provision of this Agreement is held invalid, the remainder of the Agreement shall continue in full force and effect.

11. If PhotoEventPlus is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse PhotoEventPlus for its legal fees, costs and disbursements.

12. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PHOTOEVENTPLUS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR CONTRACT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PHOTOEVENTPLUS RELATING TO THE SUBJECT OF THIS AGREEMENT.

Image Download Personal Agreement (for Event photos non commercial use)

This Agreement is between you and us: (collectively and individually) PhotoEventPlus, the host of the website, PhotoEventPlus.com, and each PhotoEventPlus user whose digital image you are purchasing. By downloading any digital image from this portion of our website, you agree to be bound by the terms of this Agreement. You may not utilize any digital image so downloaded in any manner that is not expressly permitted in this Agreement. Use of digital images must be in compliance with law, including, where applicable, laws relating to moral rights.

If you do not agree, click on your browser's Back button and do not download any digital images.

Permitted Uses

We grant to you a non-exclusive personal right to use any of the digital images that you download on your personal computer for as long as you wish. You may alter, crop, manipulate and create derivative works from any of the digital images. Original digital images, derivative works and copies are collectively referred to as "Digital Media".

Digital Media may be used for personal, non-commercial, non-editorial use only. You may create a digital library, network configuration, or similar arrangement to allow the Digital Media to be viewed by only your family members and friends. You and others with access to your digital library, network configuration, or similar arrangement may print Digital Media to share with only your family members and friends.

Forbidden Uses

No Digital Media may be shared or copied, except as specifically provided in this Agreement.

No Digital Media may be used, directly or indirectly, in any defamatory, libelous or otherwise unlawful manner.

You may not resell any of your rights under this Agreement or otherwise made available Digital Media for reuse or redistribution.

No Digital Media may be used for any editorial, commercial, promotional, advertising or merchandising use including (without limiting the generality of the foregoing):

- use in any template or application making multiples of any product, e.g., (without limitation) website designs, presentation templates, greeting cards, business cards or any other electronic or printed matter.

- incorporation as an element of web page design or into a logo, trademark or service mark.

No Releases

We give no rights and make no warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any digital images. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by us in connection with the delivery of the digital images.

Warranty

We make no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. We shall not be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this agreement or otherwise.

You agree to indemnify and hold us harmless against all claims arising out of any breach of this Agreement.

Taxes

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the permissions granted to you or of your use of Digital Media.

General

All rights to the digital images are owned by PhotoEventPlus users. PhotoEventPlus does not own copyright in the digital images and acts as agent or distributor of the Digital Media for PhotoEventPlus users. PhotoEventPlus users are protected by international copyright laws and treaty provisions and other applicable laws. This agreement will terminate automatically without notice from us if you fail to comply with any provision of this agreement. Upon termination, you must immediately (a) stop using Digital Media, and (b) delete all Digital Media and all copies from all electronic media and destroy all other copies. This Agreement contains all the terms of the agreement and no terms or conditions may be added or deleted.

Privacy Policy

PhotoEventPlus is committed to protecting the privacy of its users, and making your PhotoEventPlus experience enjoyable and safe. Our data collection policies with regard to current and future services allow you to choose how much information you provide to us, and to control how we use that information. Read below to find out more.

Privacy Philosophy

The Internet is rapidly changing the way we communicate and interact with each other. While the Internet allows us access to a greater array of information and services than has ever been available, these new online activities do raise new challenges, such as the privacy issues addressed in this policy. Having a relationship with our customers that is founded on trust is not only good manners, it is also good business. Any feedback you'd like to provide to help us better meet your expectations in this arena is welcomed. PhotoEventPlus wants to make your online experience satisfying and safe. Our goal is to provide you with a robust online experience while allowing you to control your privacy. PhotoEventPlus collects information online primarily to make it easier and more rewarding for you to use our services. We request information from you in order to provide our strongest value to you - a personalized online experience. Customers who personalize our service come back more often - and it's the customers that visit us often who make us successful - so we do everything we can to make PhotoEventPlus your service with your name on it and to give you just the content you want.

Information We Collect

Information collected online is often defined as being either anonymous or personally identifiable:

Anonymous Information refers to information that cannot be tied back to a specific individual. For instance, we may know that 10,000 people visit this Privacy Policy today, but we do not necessarily know their names, where they live, or their date of birth. What we collect from transactions such as this constitutes anonymous information, much like how your hometown's bus service knows how many people take a given route - but doesn't necessarily know who those people are. Many of the individuals who access our services decline to use the personalization features that are available to them, and therefore those individuals are anonymous to us and the data we collect is similarly anonymous information.

Personally Identifiable Information refers to information that is unique to you, such as your name or email address. In many cases we need this information to provide the personalized or enhanced service that you have requested. An example of the use of such information would be the PhotoEventPlus eCards. We hope that, like many of our customers, you will find it beneficial to judiciously provide Personally Identifiable Information to PhotoEventPlus so that we may provide more valuable content and products to you. The only way we know something about you personally is if you register as a user on our site. In other words, we will know Personally Identifiable Information about you only if you choose to share this type of information with us. Depending on the service you are accessing, you could be asked at various times to provide information such as your name, email address, or information about what you like and do not like. On other occasions such as when we provide items for purchase online, we may request your credit card number to conclude the transaction, or your mailing address to ensure proper delivery.

Third Party Advertisers

We periodically use third-party advertising companies to serve ads when you visit our Web site. In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique 'cookie' on your browser. (More information about cookies is provided below.) These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

Our Commitment to Your Family

Like you, we at PhotoEventPlus have children of our own and are concerned about their safety when they use the Internet. We want you and your family to be safe while visiting PhotoEventPlus. That is why we have established a special policy with regard to the use of our services by children. The Federal Children's Online Privacy Protection Act of 1998 (COPPA) requires that service providers never knowingly request Personally Identifiable Information from anyone under the age of 13 without requesting verifiable parental consent. In accordance with COPPA, PhotoEventPlus does not knowingly collect any Personally Identifiable Information from children under the age of 13. No one under the age of 15 should submit any Personally Identifiable Information to our Site. In the event that PhotoEventPlus determines that a user of this site is under the age of 13, PhotoEventPlus will not maintain or use his or her Personally Identifiable Information. To ensure children's privacy, we urge parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet. Control tools are available on the Internet from online services and software manufacturers to help create a safer environment for children. For additional information on protecting children's privacy, visit https://www.comparitech.com/blog/vpn-privacy/protecting-childrens-privacy/ .

Our Use of Personally Identifiable Information

We are committed to making your PhotoEventPlus experience enjoyable and safe. When you download our software or photos, register for our online services, or send our eCards or Photo Messages, the information you provide to us is used to customize your experience and to deliver email notifications to you (or people you designate as your recipients). The names and email addresses you give us are NOT sold, compiled into any type of mailing list, or otherwise used for any type of email solicitation. We may use the information we collect to complete the purchase and delivery of products or services you order from us, to continuously improve this site and our business, and to customize and improve your online experience. We may at times send you information regarding important changes to your account or our service. We may also send you news, updates and other information you may find useful, unless you specify in your account that you do not want to receive these notices.

Except as described below, we do not share your Personally Identifiable Information with third parties.

  • We may share your information with our business partners and agents (such as Federal Express) only to the extent necessary to complete the purchase and delivery of your order.
  • In the event that all or part of our business is sold or pledged as security, we may transfer the information we collect on this site to third parties in connection with that transaction.
  • We may release personal information when we believe release is appropriate for any of the following purposes: to comply with the law or a request by law enforcement officials or judicial authorities; to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of PhotoEventPlus, our customers or others. This does NOT include selling, renting, sharing, or otherwise disclosing Personally Identifiable Information for commercial purposes.

Cookies

To enable many of the features provided by PhotoEventPlus, we will assign 'cookies' to your Internet browser (such as Netscape Navigator or Microsoft Internet Explorer). A cookie is a small text file that contains a unique identification number stored on your computer. Cookies by themselves cannot be used to find out the identity of any user. This unique identification number automatically identifies your browser - but not you - to our computers whenever you interact on our site. When you visit our site, a cookie in effect says to our server computers, 'Hello, I'm browser #655. What do you do just for me?' Every Web page that you access that includes advertising or content served from PhotoEventPlus will have the contents of your cookie reported in our server logs. Cookies are an essential part of how the Internet works today, and allow server computers to recognize your computer's browser when you return. If you have ever gone to a Web page that automatically provides personalized content without you having to 'sign in,' this is almost certainly being accomplished with a cookie. Since cookies are only text files, they cannot 'run' on your computer and have no ability to search for or transmit other information from your computer.

Security of Information

PhotoEventPlus operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our customers. Any particularly sensitive information, such as a customer's credit card number collected for a commerce transaction, is encrypted prior to transmission. You the consumer are ultimately responsible for the security of your PhotoEventPlus Username and password. Please take care to store your PhotoEventPlus Username separately from your account password, or better yet, choose a password that you don't need to write down at all.

How You Can Correct any Inaccuracies

PhotoEventPlus believes strongly in providing you with the ability to access and edit the personal information that you have provided to us. To update the information retained about you, please visit your PhotoEventPlus Account.

General

If you choose to visit our Web site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use including limitations on liability, arbitration of disputes, and application of the law of the United States and the state of California. This Privacy Policy is subject to change at any time. Any changes will be set forth on this page.

Shipping Policy

Our shipping charges are based on the weight and size of the product(s) you purchase. During the checkout process you will be able to see a variety of shipping methods and their available based on your country.

Prints are generally shipped on the same or next day depending on the time the order was received. Gift items and specialty items can take from 3 to 7 days to complete prior to shipping.

Extra time can be added to the shipping time if the photographer needs to provide us with high resolution version of the photos ordered.

All orders are shipped in the US. The shipping charges do not include any customs or border fees that may apply in your country.

We accept most major credit cards, PayPal and check orders. We will hold orders until payment has come through in the case of checks.

You may contact us at anytime for clarification on our shipping policies or to know the status of your shipment.