TERMS AND CONDITIONS
Welcome to Camera Caper!
Camera Caper is owned and operated by Dan M Lee Photography, Corp.
These are the terms and conditions for:
Camera Caper App (Android and iOS version – Available on Google Play and App store)
(Hereby “Camera Caper”).
The following terms and conditions apply to the website and application offered by Camera Caper. This includes the mobile and tablet versions as well as any other version of Camera Caper accessible via desktop, mobile, tablet, social media or other devices.
Use of the website and the application constitutes your agreement to these terms and conditions as set forth below (the “Conditions”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, SERVICES OR PRODUCTS.
You may use the website and the application only in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
The use of the website and application by children under 13 is prohibited and older children must be supervised and receive appropriate guidance in the use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the website and the application, you represent and warrant that you have the full right, power and authority to enter into these terms and fully comply with all of your obligations hereunder. You further represent and warrant that you do not have any legal disabilities or contractual restrictions that would prevent you from agreeing to these terms.
If you register on Camera Caper, you will be required to choose a password and you may be asked for additional information regarding your account, such as your e-mail address and name. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Camera Caper of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Camera Caper. Camera Caper will not be liable for any loss or damage arising from your failure to comply with this Agreement.
By providing Camera Caper with your email address and phone number you consent to our use of your email address to send you notices about the service and products (newsletter), including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our products. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
Users may cancel their accounts at any time, for any reason, by following the instructions available on the website and application or by sending us a request via our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to Camera Caper.
Camera Caper reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Camera Caper believes that you have breached any of these terms, furnished Camera Caper with false or misleading information, or interfered with use of the platform, website or the service by others.
Camera Caper offers advertising and sponsorship services through the website and application. When you make a purchase for a service, you are offering to buy the service for the price advertised on the website and application, according to the features offered by each service. Please check the features and variants of each service before placing an order. When processing the purchase for a service, Camera Caper will send you a confirmation email.
Camera Caper may cancel any service and not provide the services if it is reasonable to do so and may change or discontinue the availability of the services at any time in its sole discretion.
Camera Caper can display your ads on other websites, services or tools that are part of the global Camera Caper community, including social media channels. By using Camera Caper, you agree that your ads may be shown on these other media platforms and channels. The terms for other platforms are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ads are posted. When your ads are posted on another platform, you may be responsible for ensuring that you do not violate the policies of that other platform. We may remove your advertisement or on any third party platform if we believe it causes problems or violates any law or policy.
The goods and services advertised through other users’ advertisements on the website and application are not offered or provided by Camera Caper. The services of Camera Caper are limited to providing the advertising and sponsorship service and to providing the platform to advertise such goods and services. Camera Caper is not responsible at any time for the goods and services offered by users through the advertising and sponsorship service.
4. SHOPPING ON THE PLATFORM
When you place an order through cameracaper.com/store, you offer to buy the products (Clothing, Accessories, Game Cards) for the price advertised and indicated on the website at the time of purchase. Please check correctly the variants and features of the products.
When a customer places an order, Camera Caper will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order. If the product is not available, the buyer will be informed by email or phone.
The products (clothes and accessories) will be prepared and sent through Printful, please consult the terms and conditions of Prntful before placing an order. By purchasing a product through cameracaper.com/store you accept and agree to the terms of Printful.
Check out Printful’s terms here: https://www.printful.com/policies
Camera Caper may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.
All new orders are considered separately and each is treated individually.
Camera Caper reserves the right to determine the price for the products and services. Camera Caper will make reasonable efforts to keep the price information published on the website and application up to date. We encourage you to check our website periodically for current pricing information.
Will always try to make sure that the prices on the website is accurate. However, some errors in terms of price may occur from time to time, including but not limited to human error, mechanical error or the like. Should an error in pricing be discovered, the customer will be informed of such error. The option to reconfirm the order will be given to the user at the correct price. The user also has the option to cancel the order should the user not be satisfied with the correct price communicated on the said product or service order.
The products will be paid through “Apple Pay”, “Google Pay”, “Stripe” and “Ecwid” (Payment platforms available on the website and application). The customer must pay the price of the product as stipulated on the order before, the product is shipped and delivered to the customer. Payment will be debited from your credit card or debit card immediately on you placing the order for the product you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products and services. Camera Caper reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products and services.
7. PRODUCT DESCRIPTIONS
Camera Caper attempts to be as accurate as possible. However, Camera Caper does not warrant that product descriptions, product prices or other content of the website and application are accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user’s device screen.
By accessing the application and website and the content available on the website and application you accept personal responsibility for the results of using the information available on the content. You agree that Camera Caper has not guaranteed the results of any actions taken, whether or not advised by the website, application or the content. Camera Caper provides resources and content for informational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation, and a number of other circumstances that are beyond Camera Caper’ control. All activities carried out through Camera Caper and the services are the sole and exclusive responsibility of the users.
All materials on Camera Caper, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Camera Caper or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on Camera Caper are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Camera Caper prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Camera Caper or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
10. COPYRIGHT COMPLAINTS
Camera Caper respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the “Camera Caper” website infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that Camera Caper may find it on the “Camera Caper” platform. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
11. USER CONTENT
Certain features of the application and website may allow users to upload content that may consist of messages, text, images and other general content and to publish such user content in the application and website. Users retain any copyright they may have in the content they upload and post to the application and website. However, we do need some permission from the user to publish the content. By uploading and publishing content to the application and website, the user authorizes Camera Caper to publish such content to the application and website. By providing content through the application and website, you grant Camera Caper a worldwide, non-exclusive, royalty-free, fully paid license to host, store, transfer, display, play and distribute your user content, in whole or in part in the application, our social media and the website for the sole and exclusive purpose of providing the functionality of the application and the website.
12. USER CONTENT REPRESENTATIONS AND WARRANTIES
Camera Caper disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content through the website and application. By providing user content through the website and application, you affirm, represent and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Camera Caper and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Camera Caper, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Camera Caper to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.
13. REVIEW AND CONTROL OF USER CONTENT
Camera Caper may, at any time and without notice, review, remove, edit or block any user content that we believe violates these Terms or is otherwise objectionable. You understand that, by using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and relinquish, any legal or equitable rights or remedies you have or may have against Camera Caper with respect to User Content. If a user or content owner is notified by a user or content owner that user content allegedly does not comply with these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Camera Caper does not allow copyright infringing activities on the service.
14. CAMERA CAPER RESPONSIBILITIES
Because of the nature of the Internet, Camera Caper provides and maintains the platform on an “as is”, “as available” basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other web sites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse, Camera Caper for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit Camera Caper liability for death or personal injury resulting from its negligence nor any fraudulent representation.
Camera Caper will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Camera Caper excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Camera Caper and Camera Caper shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on Camera Caper website and application.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any Product purchased through the website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the platform, or from transmissions via emails or attachments received from Camera Caper.
All representations, warranties, conditions and other terms which but for this notice would have effect.
15. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Camera Caper by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website and application. In addition, you agree not to do so:
Use the services or content for any commercial purpose, other than those commercial purposes explicitly permitted under this agreement and as provided by Camera Caper;
Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any part of the platform for any purpose without our express written permission;
Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Camera Caper in connection with the site;
Evade, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content;
16. THIRD PARTIES
Through your use of the “Camera Caper” platform and services you may encounter links to third party sites or be able to interact with third party sites (Google AdSense). Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where “Camera Caper” provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that Camera Caper are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify Camera Caper and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
18. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Camera Caper for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
19. CHANGES AND TERMINATION
We may change the platform and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
20. PERSONAL DATA
21. INTEGRATION CLAUSE
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the platform and services shall be settled by binding arbitration between you and Camera Caper, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
24. FINAL PROVISIONS
These terms are governed by the US law and the State of New York. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform and services or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
25. CONTACT INFORMATION
If you have questions or concerns about these Terms or the products, please contact us through our contact page or through the following contact information: