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By using this site and/or biding for, buying and downloading/uploading any material, you agree to be bound by this Agreement.
This agreement applies to you, and if you are using this website on your employer's behalf, to you and your employer. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify goPaparazzo.com for violations of these Site Terms.
goPaparazzo.com provides a sales platform, resp. online auction for paparazzo and celebrity images. image providers, photographers, paparazzi (together, the "sellers") may upload their celebrity images for auction. Media buyers, publications, newspapers, magazines, photo agencies and other professional contacts (together "buyers") may bid for, buy and download such images. As such, gopaparazzo.com has solely a function of an intermediary between the sellers and the buyers with no further responsibility.
This site is owned and operated by goPaparazzo.com. Subsequently the terms "Interventure Ltd." and "goPaparazzo.com" will be used as synonyms. All images and related informational materials in any medium furnished by goPaparazzo.com hereunder, including related text, captions, or information (collectively referred to as "images") are owned by goPaparazzo.com or its image providers. All images are protected by international copyright laws. You may not remove any copyright or other proprietary notices contained in the images, caption information, or any other material on this site. You may not distribute, sublicense or make available for use or distribution any watermarked image. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any image. Your use of this site and any images shall comply with all applicable law. goPaparazzo.com may restrict or remove your access to this site at any time and you agree to immediately discontinue all use of this site upon notification.
To upload your images (seller's account) or to obtain access to bid for, buy and download high resolution non-watermarked images (buyer's account), you may apply for a goPaparazzo.com account and you agree to furnish true and accurate information. goPaparazzo.com reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the website and your account only by using the Username (Email) and Password chosen by you and approved by goPaparazzo.com. You are responsible for maintaining the confidentiality of your Username and/or Password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify goPaparazzo.com of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all images bought and/or downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify goPaparazzo.com of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any goPaparazzo.com account or related services.
Furthermore (1) You agree and undertake that you will not submit to goPaparazzo.com any media that abuses or invades another person's privacy, causes annoyance, inconvenience or needless anxiety, is unlawful or which gives rise to civil or criminal liability or is obscene, offensive hateful or inflammatory in any way. (2) You agree and undertake that you will only submit Media that is your own original work or Media owned by a third party who has granted you full permission to market the Media on their behalf. (3) You agree and undertake that you will not submit to goPaparazzo.com any Media that has put one or more persons in harms way or has been obtained through the harassment of one or more persons. (4) You agree and undertake that you will not submit any Media that has been changed or altered from its original state. (5) You agree and undertake that you will not submit to goPaparazzo.com any Media that infringes the intellectual property rights of any third party. (6) You agree and undertake that you will not submit any Media that was already sold/licensed to a third party. (7) You agree and undertake that you will not submit any Media that is already published in any online or print Media, or was published in any online or print Media in the past. (8) You agree and undertake that you will not submit to goPaparazzo.com any Media that contains misinformation. (9) You agree and undertake that you will not distribute further any media that you have already submitted to goPaparazzo.com.
You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.
goPaparazzo.com will determine, in its sole discretion, whether there has been a breach of your obligations regarding your use of the Site and take such action as appropriate under the circumstances.
You warrant and undertake that all the information supplied during the submission process is truthful, complete and correct. You agree to indemnify and keep goPaparazzo.com indemnified against any claims, losses, damages and expenses incurred by goPaparazzo.com or the Third Party Buyers to whom your Media may be sold as a result of:
You warrant and undertake that, once your image is sold and the respective payment transferred to gopaparazzo.com's account, you will delete this image from all media you control.
The minimum price and buy-now price the seller enters into the auction submission form is bounding and cannot be changed once the auction has started. Despite the comprehensive control of registered buyers, goPaparazzo.com does not take any responsibility on whether the buyer will transfer the auction price within the given time limit of 24 hours after auction end. In case the buyer does not transfer the auction price to goPaparazzo.com's account within 24 hours after auction end the image will be released for auction again and the respective buyer's account terminated.
Violations against the Terms and Conditions will lead to legal action, cash refund claims and the disclosure of your personal information to third-parties.
If you have registered for a goPaparazzo.com buyer's account and goPaparazzo.com has approved your registration, you may be able to bid for, buy and download high resolution non-watermarked images. goPaparazzo.com reserves the right to revoke your authorization to bid for, buy, download and use the images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from goPaparazzo.com. All rights not specifically granted under this Agreement are reserved to goPaparazzo.com.
Despite strong efforts to control images and information uploaded by sellers, this site may contain technical or other mistakes, inaccuracies, misinformation or typographical errors for all of which goPaparazzo.com does not take over responsibility. You are solely responsible for determining whether your use of any image purchased via goPaparazzo.com requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by goPaparazzo.com and its users. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
When a particular buyer is determined to be the winner of the auction, he is obliged to accept and to pay/transfer the auction price for the image to goPaparazzo.com's account within 24 hours after the auction end. Otherwise, the image will be released for auction again. Any delay in payment may lead to the termination of the respective buyer's account.
goPaparazzo.com as an intermediary between the sellers and the buyers with no further responsibility, cannot be made reliable (including but not limited to cash refund claims) and for damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
The price of an image is determined by the auction model. The final price is determined by the highest bid a buyer has given or the buy-now price a buyer has accepted. A successful sale of an image is assumed when an auction winner is determined. In this case and after the buyer has settled the auction price, 84% of the sales price will be forwarded to the seller's PayPal account and the remaining 16% are retained by goPaparazzo.com as administration and maintenance fee. For buyers the goPaparazzo.com services are free of charge. Buyers only pay the auction price.
Payment will be made by electronic transfer to the seller's PayPal account within 30 days after receipt of payment from the buyer. Additional fees for the money transfer may occur.
Without limitation, images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these images constitutes copyright infringement and shall entitle goPaparazzo.com to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images. The foregoing is not a limiting statement of goPaparazzo.com's rights or remedies in connection with any unauthorized use.
All images uploaded to the goPaparazzo.com online auction are sold including all associated property rights. After a successful sale of an image, the buyer becomes the new owner of thise image and acquires automatically all associated property rights. As soon as an image is sold and after the buyer has transferred the payment for this image to goPaparazzo.com's account, the seller is obliged to delete this image from any media he controls.
The property rights of the image do not include a license to any persons, places, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. It should be assumed that no model or property releases, or other releases or licenses exist in connection with any of the images. goPaparazzo.com makes no representations or warranties that sellers owns or licenses any rights nor does goPaparazzo.com grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any image. Further, goPaparazzo.com makes no representation or warranty as to the accuracy of any information provided with the images. Any license bought via goPaparazzo.com is conditioned upon your obtaining all necessary third-party rights, releases and permissions.
You may not use the trademarks or service marks of goPaparazzo.com without goPaparazzo.com's prior written consent. goPaparazzo.com and the goPaparazzo.com logo are registered trademarks.
You agree to indemnify, defend, and hold harmless goPaparazzo.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an image, or (4) any claim by a third party related to the use of an image, alone or in combination with any other material.
goPaparazzo.com provides you with its site and images on an "as is" basis. goPaparazzo.com makes no warranty, express or implied regarding any images, its site, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the site or any service will be uninterrupted or error-free.
Except for any liability which cannot by law be excluded or limited, goPaparazzo.com shall not be liable to you or any third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images, whether framed as a breach of warranty of merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise.
goPaparazzo.com may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on goPaparazzo.com's site, sendgoPaparazzo.com a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the goPaparazzo.com site; (iv) information sufficient to permit goPaparazzo.com to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
goPaparazzo.com reserves the right to change any of the terms and conditions contained in the Site Terms & Conditions or any policy or guideline of the Site, at any time and in its sole discretion. When changes are made, goPaparazzo.com will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. goPaparazzo.com encourages you to review the Site's Terms & Conditions whenever you visit the website.
You agree that: (i) the goPaparazzo.com Website shall be deemed solely based in Switzerland; and (ii) the goPaparazzo.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over goPaparazzo.com, either specific or general, in jurisdictions other than Switzerland. These Terms & Conditions shall be governed by the internal substantive laws of Switzerland, without respect to its conflict of laws principles. Any claim or dispute between you and goPaparazzo.com that arises in whole or in part from your use of the goPaparazzo.com Website shall be decided exclusively by a court of competent jurisdiction located in Switzerland. In any dispute between goPaparazzo.com and you, goPaparazzo.com shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.
The Terms & Conditions are valid in English language.