Undertaking of Terms
The Site is an online community which enables photographers, Models, Stylists and other users to post photographs and images, share comments, opinions and ideas, promote their work, participate in contests and promotions and access and/or purchase services from time to time made available on the Site (“Services”). Services include, but are not limited to any service and/or content chiiz makes available to or performs, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Chiiz. Chiiz reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Chiiz may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Chiiz and select a password and username and to provide registration information. The registration information you provide must be accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Chiiz account.
You may not use a username of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your chiiz account.
Services are available only to individuals who are at least 18 years old on the date of opening the account. Incase of minor Model user, parents or legal guardian/s are responsible for operating the account. By using chiiz you agree that the Site does display photographs and images containing nudity and violence that may be offensive to some users.
The Services are for use by individuals who are photographers, Model, Stylist or any other type of user defined by chiiz. Accounts may not be opened by other than these defined users. If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Chiiz are entirely responsible for all Content that you post, or otherwise submit to the Site. Chiiz does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable by some users.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Chiiz. By way of example, and not as a limitation, you agree not to use the Services:
- 1. To abuse, harass, threaten, impersonate or intimidate any person.
- 2. To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane or that infringes any copyright or other right of any person.
- 3. For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- 4. To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Chiiz user.
- 5. To create or transmit unwanted ‘spam’ to any person or any URL.
- 6. To create multiple accounts for the purpose of voting for or against users photographs or images.
- 7. To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit credit to Author by mentioning of the author’s name and a link to the source of the Content.
- 8. With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.
- 9. To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services.
- 10. To advertise to or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
- 11. To promote or sell Content of another person
- 12. To sell or otherwise transfer your profile to another user.
To report a suspected abuse of the Site or a breach of the Terms please contact us firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Site. Chiiz reserves the right, but has no obligation, to monitor disputes between you and other users.
Unbiased Observer Websites:
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Chiiz a worldwide, Non exclusive license to use the content and are representing and warranting to Chiiz That the content is owned or duly licensed by you and that Chiiz is free to publish, Distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party.
In consideration of Chiiz agreement to allow you to post Content to the Site and Chiiz agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Chiiz as follows:
- 1. You acknowledge that:
- 1. By uploading your work i.e. photographic or graphic works to Chiiz you retain full rights to those works that you had prior to uploading.
- 2. By posting Content to the Site you hereby grant to Chiiz a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
- 3. The license granted to Chiiz includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Chiiz by you.
- 4. Chiiz uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Chiiz makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Chiiz does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Chiiz to permit users and visitors to the Site to make such low resolution copies of your Content and
- 5. Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
- 2. You represent and warrant that:
- 1. You are the owner of all rights, including all copyrights in and to all Content you submit to the site;
- 2. You have the full and complete right to enter into this agreement and to grant to Chiiz the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Chiiz of the Content as contemplated herein; and
- 3. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
- 3. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Chiiz, all of which such rights are hereby expressly and irrevocably waived by you in favor of Chiiz.
You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by low, CHiiz, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Chiiz makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to this website and assumes no liability or responsibility for any (I) errors, misstake, or inaccuracies of content, (II) personal injury or propery damage, of any nature whatsoever,resulting from your access to and use of our website, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interuption or cessation of transmission to or from our website, (IV) any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and/or (V) any errors or omissions in any content or for any loss or damge of any kink incuured as a result of the use of any content posted, emailed, transmitted, or otherwise make available via the website. Chiiz does not warrant, endorse, guarantee, or assume responsibility for any product or service advertiseed or offered by third party through the website or any hyperlink website or featured in any banner or other advertising, and chiiz will not be a party to or in any way be responbility for monitoring any transaction between your and third party providersof products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Condition of Accountability
In no event shall Chiiz, its officers, directors, employees or agent, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (I) errors, mistakes, or inaccuracies of content (II) personal injury or property damge, of any nature whatsoeer, resulting from your access to and use of our website, (III) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financal information stored therein, (IV) any interuption or cessation of transmission to or from our website, (IV) any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and/or (V) any errors or omissions in any content or for any loss or damge of any kink incuured as a result of the use of any content posted, emailed, transmitted, or otherwise make available via the website, whether based on warranty, contract, tort, or any other legal theory and whether or not to company is advised of the possibility of such damages. The foregoing limittation of liability shall apply to the fullest extent permitted bu law in the applicable jurisdiction. You specifically acknowedge the Chiiz shall not be liable for your submissions or the defamatory, offensive, or illegal conduct of any third payty and the risk or harm or damege from the foregoing rests entityly with you. The website is hosted by Chiiz in THE UNITED STATES OF AMERICA. Chiiz makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for complaince with local low.
You agree to defend, indemnify and hold harmless Chiiz, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Website. You agree to defend, indemnify and hold harmless Chiiz, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: the Website or Chiiz’ third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property and/or documents and any and all Submissions. Chiiz is a platform designed for the storage and the sharing of files and Users are responsible to always maintain an original copy of any submitted file in case of a complete loss.
About the Store:
The Store is a Service provided by Chiiz that allows users to post photos and images for sale to the public. Photos and images are sold by Chiiz pursuant to the license granted to Chiiz below. To use the Store you must be at least 18 years of age and have a valid Chiiz account. By uploading any photos or images to the Store (collectively your “Store Images”) you make the following additional representations and warranties to Chiiz
- 1. You can lawfully enter into contracts under applicable law and you are at least 18 years old.
- 2. You hereby irrevocably waive all moral rights in your Store Images
- 3. You have obtained and have copies of model releases if applicable from all subjects depicted in your Store Images and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Store Images to Chiiz
Use of the Content and Grant of License
Chiiz will use your Store Images for the purpose licensing your Store Images to customers of the Store (“Customers”) in such formats as we may, from time to time make available to Customers, including without limiting the generality of the foregoing, via electronic download and print. In connection with the foregoing, in addition to the licenses you grant to Chiiz elsewhere in these Terms, you grant to Chiiz a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Store Images (the “Store License”).
The Store License includes the right for Chiiz to use screen resolution images and thumbnails of your Store Images for display and promotional purposes on the Chiiz Site, the Store, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your credits. Your Store Images will be licensed to Customers by Chiiz in accordance with the Chiiz Customer License in effect at the time the Customer purchases your Store Image.
Removal of Store Images
At any time you can remove your Store Images from the Store automatically using the Store settings. In addition, Chiiz may remove any Store Images that it believes to be in breach of the Terms. In all cases copies of your Store Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Store License will exist for the period during which a Store Image is posted on the Store and will automatically terminate upon the removal of the Store Image from the Store. Notwithstanding the foregoing, the Store License will continue in respect of any Store Images which were purchased by Customers prior to their removal of the Store until fulfillment of such purchase requests.
Subject to the licenses granted to Chiiz in these Terms you retain ownership of your Store Images.
Payment of Fees upon Sale of Store Images:
You will be paid fees (“Fees”) for the sale of Store Images in accordance with the Chiiz fee schedule in effect at the time a Customer purchases a Store Image. Chiiz reserves the right to change the fee schedule from time to time and at any time at its sole discretion. We will notify you of changes to the fee schedule by posting an announcement on the Site. You shall be responsible for reviewing any such changes. Your continued use of the Store, including the continued posting of your Store Images in the Store after a change in fees will signify your acceptance of the revised fee schedule. The fee schedule is available at chiiz.com/store
In addition to the foregoing, the following terms and conditions shall apply to payment of Fees to you for your Store
Images sold through the Store:
The purchase and sale of your Store Images will be deemed to be complete 60 days after payment is received by Chiiz from the buyer.
Fees shall not be paid in respect of any Store Image that is returned by the Customer for exchange or refund.
Payment will be processed via PayPal as indicated in your Chiiz account or by electronic transfer available in some countries.
If you choose payment by check Chiiz, will deduct a processing fee of $10 USD and shipping charges from the amount owing to you.
Chiiz may deduct or withhold from any amount owing to you any withholding taxes, or other levies as required by applicable law. Chiiz sales report will include all such deductions and withholdings. You are otherwise responsible for paying all taxes, etc. payable in respect of the Fees paid to you by Chiiz.
Chiiz shall not be obligated to pay any Fees in respect of Store Images that are used in the Store, the Site, third party sites, or in other locations for promotional purposes.
You may terminate your Store account at any time in your sole discretion. Chiiz may terminate your store account at any time for any reason or no reason. All Store Images remaining in your Store account will be removed by Chiiz upon termination of your store account.
Chiiz respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Chiiz will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Chiiz of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of help@Chiiz.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Chiiz to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorney’s’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Chiiz with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at help@Chiiz.com. You must include in your counter notice sufficient information to enable Chiiz to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Chiiz is founded on the principle of helping people discover new photos and photographers, Models, Stylist, Service Providers. We know that you care about how your personal information is used and shared, and we take your privacy very seriously. By visiting the Chiiz website, you are accepting the practices outlined in this policy.
Information Provided by the User
1. We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features.
2. Registration: In order for you to use Chiiz services you must complete a registration form. As part of this registration form, we require select personal information.
3. User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information, such as a bio, favorite URLs, and instant messaging IDs. In addition, you may need to provide your photo in your profile.
1. We receive and store certain types of information whenever you interact with us. Chiiz and its authorized agents automatically receive and record certain “traffic data” on their server logs from your browser including your IP address, Chiiz cookie information, and the page you requested. Chiiz uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.
2. Chiiz may collect and, on any page, display the total counts that page has been viewed. This includes User Profile pages.
3. Many companies offer programs that help you to visit websites anonymously. While Chiiz will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.
Chiiz is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission, as detailed in the “Sharing Your Information” section below. Chiiz may send out emails with Chiiz related news, products, offers, surveys or promotions. You may also receive notification e-mails from Chiiz, which inform you of actions (e.g. Followers, Photo Likes etc.) that have been performed on the site. If you do not want to receive email from us, please visit the Email Preferences section of your User Profile to manage your subscription. However, please note that in all cases you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
What are cookies?
The Website may contain links to other websites or applications. The fact that the Website links to a website or application or presents a banner ad or other type of advertisement does not mean that Chiiz endorses or authorizes that third party, nor is it a representation of any affiliation with that third party. If you click on a link to a third party site or application, including on an advertisement, you will leave the Website and will go to the site or application to which such link directs you. Other sites and applications follow different rules regarding the use or disclosure of the personal information you submit to them. Because Chiiz cannot control the activities of third parties, it cannot accept responsibility for any use of your personal information by such third parties and it cannot guarantee that they will adhere to the same privacy and security practices as Chiiz. You are therefore encouraged to read the privacy policies or statements of the websites and applications you visit or use, before providing any personal information.
What are cookies use for?
Cookies do lots of different jobs, like helping us understand how the Site is being used, letting you navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience. Cookies can also help ensure marketing content you see online is more relevant to you and your interests.
What type of cookies does Chiiz use?
The type of cookies used on most websites can generally be put into one of six categories: Strictly Necessary, Performance, Functionality, Flash, Tailored Content and Targeting. In order to provide you with the best browsing experience, Chiiz uses all of these categories on the Site. You can find out more about each cookie category in the sections below.
Strictly necessary cookies
These cookies are essential, as they enable you to move around the Site and use its features, such as accessing secure areas. Without these cookies, some services you have asked for such as payment submission can’t be provided.
These cookies collect information about how you use the Site, for example which pages you go to most often and if you get error messages from certain pages. These cookies don’t gather information that identifies you. All information these cookies collect is anonymous and is only used to improve how the Site works.
These cookies allow the Site to remember choices you make (such as your user name, language or the region you’re in). For instance, the Site uses functionality cookies to remember your language preference. These cookies can also be used to remember changes you’ve made to text size, font and other parts of pages that you can customize. They may also be used to provide services you’ve asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymous and they cannot track your browsing activity on other websites.
We may, in certain circumstances, use Adobe Flash Player to deliver special content, such as video clips or animation. To improve your user experience, Local Shared Objects (commonly known as “Flash cookies”) are employed to provide functions such as remembering your settings and preferences. Flash cookies are stored on your device, but they are managed through an interface different from the one provided by your web browser. This means it is not possible to manage Flash cookies through your browser in the same way you would normally manage cookies. Instead, you can access your Flash management tools from Adobe’s website at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html .
Tailored content cookies
Tailored content cookies help the Site provide enhanced features and display content in a way that is relevant to you. These cookies help the Site determine what information to show you based on how you have used the Site previously. These cookies do not track your browsing activity on other websites.
These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They remember that you have visited a website and this information may be shared with other organizations such as advertisers. This means after you have been to the Site you may see some advertisements about our services elsewhere on the Internet.
How long will cookies stay on my browsing device?
The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted.
First and third party cookies
First party cookies are cookies that belong to us, while third party cookies are cookies that another party places on your browsing device through our Site. For example, Facebook will place a cookie on your browsing device if you click on the Facebook link when browsing the Site.
How to control and delete cookies through your browser?
The browser you are using to view the Site can enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help,” “Tools” or “Edit” facility). Please note that if you set your browser to disable cookies, you may not be able to access certain parts of the Site for example applying for a job or posting a job. Other parts of the Site may also not work properly. You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.