Terms of Service

Welcome to the Carlo Delumpa Photography Website!

Welcome to the Carlo Delumpa Photography (“CDP” or “Our” or “We” or “Us”) website – and thank You for visiting, We hope You enjoy the experience!

These Terms of Use (“These Terms”) are a legal contract between You and CDP (collectively, “Everyone”) and govern Your use of this website, as well as other websites that CDP may control, and all the text, data, information, software, graphics, photographs, and more (all of which We refer to as “Materials”) that CDP and its Subsidiaries may make available to You, as well as any services We may provide through any of Our websites (all of which are referred to in These Terms as “This Website”).

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

Accessing This Website

When You access This Website, You are responsible for complying with These Terms as well as any and all use of This Website through any account that You may setup through or on This Website; some Materials will only be available to You if You have an account. You agree to provide true, accurate, current, and complete information for so long as You use This Website. Because it is Your account, it is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website as well as paying related charges. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.

Sometimes, We collect certain personal information about You solely in connection with Your access and use of This Website. CDP's use of that information is governed by the provisions of the CDP Online Privacy Policy.

We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.

Your Permitted Use of This Website

You are invited to use This Website for Your personal and business purposes where you are purchasing CDP’s products and services for use in your business (“Permitted Uses”).

We hereby grant You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with These Terms. You have no other rights in This Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.

If you make copies of any of This Website while engaging in Permitted Uses we require that You please keep all of CDP’s copyright and other proprietary notices as they appear on This Website.

Unauthorized Use of This Website, Acceptable Use Policy

We authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Uses is prohibited and, therefore, constitutes unauthorized use of This Website. This is because all rights in This Website remain the property of CDP.

Unauthorized use of This Website may result in violation of various United States and international copyright laws.

Terminating Your Use of This Website

We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:

Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.

You may discontinue Your access to and use of This Website at any time. In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimers

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

CDP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT CDP DOES NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, CDP makes no warranty that This Website will meet your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. CDP makes no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No advice or information, whether oral or written, obtained by you through This Website or from CDP, its subsidiaries, or other affiliated companies, or its or their suppliers (or the respective officers, directors, employees, or agents of any such entities) (collectively, "The CDP Parties") shall create any warranty. CDP disclaims all equitable indemnities.

Limitation of Liability

IN NO EVENT WILL ANY OF THE CDP PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN ONE HUNDRED UNITED STATES (US$100.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY CDP PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent The CDP Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of The CDP Party's liability shall be limited to the minimum amount permitted under such applicable law.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any CDP Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the CDP Party's liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access

CDP may provide products (such as photographic prints, reproductions or facsimiles), services (such as photography or photographic and creative services) or access via This Website under the terms of a separate agreement between You and CDP, such as a license agreement or separate terms of sale and warranty terms (each, an "Other Agreement"). CDP's obligations regarding any product, service, or access that it makes available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and These Terms shall not be deemed or construed to alter the terms of any such Other Agreement. If there is an inconsistency between These Terms and any Other Agreement, the Other Agreement will control.

For example, the use of any photograph or creative work that is made available to download from the CDP Websites ("Photographs") is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Photograph ("License Agreement"). You may not use any Photograph that is accompanied by or includes a License Agreement unless You first have agreed to the License Agreement. If there is no License Agreement, then These Terms will govern Your use of that Photograph.

CDP May Modify This Website

CDP reserves the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following:

CDP may make changes to the This Website, or to the products, services and prices described in This Website, at any time without notice.
This Website may be out of date and CDP makes no commitment whatsoever to update This Website.
Information published on This Website may refer to products, programs, or services that are not available in your country.

We suggest You consult Your local CDP business contact for information regarding the products, programs and services that may be available to You via This Website.

Your Submission(s) to This Website

Certain areas of This Website (e.g., chat rooms, customer ratings, review areas, community and support forums) may permit You to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, CDP does not guarantee that You will have any recourse through CDP or any third party to edit or delete any User Submission You have submitted.

By submitting any User Submission, You represent and warrant that:

You are at least 13 years old;
You own all rights in Your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to CDP the rights in Your User Submissions as described in These Terms;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
You are the individual pictured and/or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in Your User Submissions to grant the rights to CDP as described in These Terms;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

By submitting a User Submission, You grant to CDP an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
Use, (and permit others to use) Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that CDP deems appropriate in its sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
Display advertisements in connection with Your User Submissions and to use Your User Submissions for advertising and promotional purposes.

CDP may, but is not obligated to, pre-screen User Submissions or monitor any area of This Website through which User Submissions may be submitted. CDP is not required to host, display, or distribute any User Submissions on or through This Website and may remove at any time or refuse any User Submissions for any reason. CDP is not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, You agree that CDP may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient

Intellectual Property Rights

CDP respects the intellectual property rights of others, and We ask You to do the same. CDP may, in appropriate circumstances and at our discretion, terminate service and/or access to This Website for users who infringe the intellectual property rights of others. If You believe that your work is the subject of copyright infringement and/or trademark infringement and appears on this Website, please let Us know by emailing us at carlo@carlodelumpa.com.

Links To Third-Party Websites

We think links are convenient, and so We have provided links on This Website to third-party websites. If You use these links, You will leave This Website. CDP is not obligated to review any third-party websites that You link to from This Website, does not control any of the third-party websites, and is not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, CDP does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from This Website, You do so entirely at Your own risk and You shall be deemed subject to the privacy policies and terms and conditions for those third-party websites; These Terms are not applicable to Your use of any such third-party websites.

Linking To This Website

Again, because We think links are convenient, We allow You to create links to This Website from other websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to This Website:

You may link to, but may not copy, any Materials;
You may only use and reproduce an CDP logo or trademark if You follow our trademark and logo usage policy found here.
You shall not create a browser or border environment around any Materials;
You shall not imply that CDP endorses or is affiliated with any such website that links to This Website or any products, services, or content available through that website;
You shall not misrepresent Your relationship with CDP;
You shall not present false or misleading information about CDP, its products, or its services;
The website that links to This Website shall not contain content that could be construed as distasteful, offensive, or controversial; and
The website that links to This Website shall contain only content that is appropriate for all age groups.

International and Export Issues

[CDP administers This Website from its offices in Palo Alto, California. CDP makes no representation that This Website is appropriate or available for use outside the United States and access to This Website from territories where its contents are illegal or restricted is prohibited.]

Access of This Website from outside the United States is done at Your own initiation and You are responsible for compliance with applicable Laws.

You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Your use of the CDP Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported:

Into any U.S. embargoed countriesor
To anyone on the U.S. Treasury Department's list of Specially Designated Nationalsor the U.S. Commerce Department's Table of Deny Ordersor U.S. Department of Commerce Entity List of proliferation concern , or the US State Department Debarred Parties List

By using any Materials subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless The CDP Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from Your (or anyone using your account’s) violation of These Terms. CDP reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with CDP’s defense of such claim.

Electronic Communications

When you visit This Website or send e-mails to CDP, You are communicating with CDP electronically. We may respond to You by e-mail or by posting notices on This Website. You agree that all such notices, disclosures, and other communications that CDP provides to You electronically satisfy any legal requirement that such communications be in writing.

Ownership

Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on This Website are Our sole property, Copyright © [dates of creation] CDP Development Company, L.P.. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Entire Agreement for Everyone

These Terms, together with any additional terms to which You agree when using particular elements of This Website, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and CDP with respect to the same. The CDP Parties are third party beneficiaries with respect to the provisions in these Terms that reference them.

Governing Law

These Terms shall be governed by the laws of the State of Oregon as applied to agreements made, entered into, and performed entirely in Oregon by Oregon residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to These Terms or Your use of This Website shall be brought in the Federal or State courts located in Multnomah County, Oregon, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

The failure of CDP to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions of CDP and You as reflected in the provision, and that the other provisions of These Terms remain in full force and effect. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of This Website. These Terms will be interpreted without application of any strict construction in favor of or against You or CDP. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by CDP without restriction.

CDP May Modify These Terms of Use

CDP may, in its sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. CDP will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.

Last Modified: February 2017