Terms of Service
Updated January 2025
These Terms of Service (“Terms”) create a legal Agreement (this “Agreement”) between Camarts Inc. (“we,” “us” or “Camarts”) and the user of the service entering into this Agreement (“you” or “your”). Camarts’ website and any associated applications (collectively, the “Site”) are controlled by us. This Agreement governs your use of the Site and the services, features, products, photos, purchases and information available on the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof (the “Service”).
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Changes to this Agreement
We reserve the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that Camarts will use reasonable efforts to provide you with notification of any material changes (as determined in Camarts’s sole discretion) by email, postal mail, website posting, pop-up screen, or in-Service notice. We recommend visiting this page periodically to review the Agreement and stay informed about any changes. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
Content Permission & Restrictions
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by us. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state, or international laws.
Subscription Service
Membership includes a specified number of complimentary non-commercial licenses per billing cycle. Additional benefits may include exclusive content, high-resolution purchase options, and early access to experimental features, as displayed on the purchase page in our Site.
Camarts adheres to the auto-renewal policies of the Apple App Store, Google Play Store, and Stripe. Subscriptions will automatically renew unless canceled within 24 hours before the end of the current period.
License Purchases
You may purchase individual licenses for Private Use or Editorial Use through the Site (processed via Stripe), the Apple platform apps (processed via Apple App Store), and the Google platform apps (processed via Google Play Store). Upon purchase, you shall comply with the specific terms of each license.
You may purchase upgrades to higher image resolutions alongside a license purchase. These upgrades indicate the maximum possible resolution, but the actual image downloaded may be smaller than the tier purchased, depending on the available resolution of the original image.
For Editorial Use licenses, upgrading the resolution may require changes to attribution and usage requirements. You shall refer to the Attribution Guidelines for the updated terms after purchasing the resolution upgrade.
When you purchase a license upgrade add-on (e.g., upgrading from Private Use to Editorial Use), the previous license is immediately revoked and replaced by a new license. You agree to comply with the terms and conditions of the new licensing agreement once the upgrade has been purchased.
Ownership of Intellectual Property
Unless otherwise specified in writing, all Content and other materials that are part of the Service are owned, controlled, or licensed by Camarts and its licensors and are protected by law from unauthorized use. Camarts, and the Camarts logos, are trademarks of Camarts and may not be used without the express written permission of Camarts. In the event that you purchase a license from us, you shall comply with the terms of the license agreement, as provided during the purchase process.
You do not acquire any ownership rights by using the Service, or by copying or downloading material from the Service.
You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of Camarts.
You hereby grant to Camarts a limited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to Camarts in connection with your use of the Service, including through the Public Areas (collectively, “Submissions”) in any manner Camarts may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this section will survive any termination of your account(s), the Service, or this Agreement.
You agree to include, and to not remove or alter, Camarts’s trademark, copyright, or other proprietary rights notices, as provided by Camarts on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by Camarts from time to time. You agree that all goodwill that arises in connection with your use of Camarts trademarks inure exclusively to Camarts, and you agree not to challenge Camarts’s ownership or control of any Camarts trademarks, nor use or adopt any trademarks that might be confusingly similar to such Camarts trademarks.
Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.
Email Communication
By making a subscribing on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer.
We may require verification of your identity or other necessary information at any time, both before and after the activation of a subscription or the completion of a one-time purchase. This may include Know Your Customer (KYC) verification or other measures deemed necessary to ensure compliance with our policies and applicable laws. You agree to provide accurate, complete, and timely information for verification purposes upon request. Failure to comply with such requests may result in the suspension or termination of your account, membership, and associated licenses, the cancellation of your order, or other appropriate actions, with no refunds provided.
Payment and Billing
Camarts and one-off purchases made on Apple platform apps follow the Apple App Store’s payment, auto-renewal, and refund policies. Users are responsible for managing their subscription through the App Store.
Camarts and one-off purchases made on Google platform apps follow the Google Play Store’s payment, auto-renewal, and refund policies. Users are responsible for managing their subscription through the Google Play Store.
For purchases made through our website, payments are processed through Stripe, and the same no-refund policy applies once the image has been downloaded.
In cases of failed transactions or overdue payments for subscriptions, Camarts reserves the right to suspend membership benefits until payment is successfully processed.
Cancellation or Refund Policy
We reserve the right to refuse any order you place with us. In the event we make a change to or cancel an order for any reason, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You can cancel your membership at any time through the store where you purchased the membership. Once canceled, the benefits will continue until the end of the current subscription period. However, no refunds will be provided for unused portions of the membership after a license has been created and the image has been downloaded. Unapproved refunds will result in immediate termination of the membership.
Refunds for service disruptions, Site errors, or other technical failures will be reviewed on a case-by-case basis at our sole discretion.
We reserve the right to modify membership benefits, including the number of complimentary licenses and other features, at any time without prior notice. We may run A/B tests that may result in different benefits being provided to individual users. Furthermore, we may provide different benefits to customers located in different regions.
User Comments
From time to time, we may allow users to post comments, suggestions, ideas, materials, and other submissions ("User Comments") on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss, or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
Cookies
Camarts takes certain industry-accepted precautions to secure the Site or portions thereof. However, you understand and agrees that such precautions cannot guarantee that use of the Site is invulnerable to security breaches, nor does Camarts make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
During your use of the Site, Camarts may issue to and request from your computer "cookies" to enable more convenient browsing when you revisit the Site. You must not alter any cookies sent to your computer from the Site and must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
Links to Third Party Site
The Site may include links to other websites maintained by third parties which are neither maintained nor controlled by Camarts or may contain content posted on or via the Site by third parties. Camarts shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked external Site or any hyperlink contained in a hyperlinked external Site, nor for the privacy and security practices employed by these external Sites, and under no circumstances shall Camarts be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to external Sites. Use of the Site and any hyperlinks and access to external Sites are entirely at the user’s own risk.
You acknowledge that Camarts has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither will Camarts be deemed to have endorsed any such content thereto.
Prohibited Uses of Site
You understand and agree not to (i) download, save, screenshot, or use any hardware or software means to capture any images from the Site, (ii) post, transmit, redistribute, upload, or promote any communications or content that harm or adversely affect our business, products, or services; (iii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iv) employ any device or attempt to use any software, tool, agent or other mechanism (including without limitation spiders, bots, crawlers or intelligent agents) to navigate or search the Site, or to copy content from the Site. Any attempt to download an image by circumventing the licensing process is a violation of these Terms and may result in legal action.
In addition, you are prohibited from:
- Accessing, copying, modifying, or tampering with our website, apps, associated software or systems, data, any integrated third-party services, or their associated files in any manner.
- Reverse engineering, decompiling, disassembling, or otherwise attempting to discover or access any source code of our software, any integrated third-party services, or its associated files.
- Using methods, whether manual or automated, including but not limited to bots, crawlers, or other automated tools, to access, extract, or download data or content from the platform or integrated third-party services.
- Introducing viruses, malware, or harmful code to the platform or interfering with its proper functioning.
- Engaging in actions intended to interfere with, disrupt, or degrade the functionality of the platform, including but not limited to denial-of-service (DoS) attacks, introducing malware, or overloading the platform’s systems.
- Using features of the Site for commercial purposes, including training AI models or data scraping for third-party services.
The free library is for online viewing purposes only, and no rights are granted to you to download, copy, or use images without purchasing a license.
You are strictly prohibited from sharing or reselling your membership or its benefits with anyone else by any means. This includes, but is not limited to:
- Sharing account credentials or allowing another person to use the member’s account.
- Granting access to membership on devices not owned or controlled by the member.
Complimentary licenses granted as part of a membership are non-transferable. Members are prohibited from:
- Sharing or transferring licenses to any third party.
- Selling, gifting, or otherwise sending the downloaded images to others.
Disclaimer of Warranty
You expressly understand and agree that your use of the Site is at your sole legal risk and the Site is provided on an “As is” and “As available” basis. We reserve the right to modify or discontinue any features, content, or services offered on the platform at any time, with or without notice. Experimental features or beta versions of our software may be offered on an as-is basis without warranties of any kind, and we reserve the right to modify or discontinue these features or versions at any time.
Camarts and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, to the fullest extent permitted by applicable or mandatory law, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. In particular, Camarts and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (a) the Service will meet your requirements; (b) your use of the Site will be timely, uninterrupted, secure or error-free; (c) any information obtained by you as a result of the Service will be accurate or reliable; and (d) any defects or errors in the software provided to you as part of the Service or the Service itself will be corrected.
The platform integrates with third-party services to provide certain features, including but not limited to payment processing, hosting, and analytics. By using the platform, users agree to comply with the terms and conditions of these third-party services and acknowledge that Camarts Inc. is not responsible for disruptions or issues caused by these services.
Any material or content transmitted, stored, accessed, or otherwise maintained through the use of the Site is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the Site. You further acknowledge that the Site is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Site could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from Camarts or through or from the service shall create any warranty not expressly stated in these terms.
Limitation of Liability
You expressly understand and agree that Camarts and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Camarts has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Site; (b) any changes made to the Site or any temporary or permanent cessation of the Site or any part thereof; (c) the unauthorized access to or alteration of your transmissions or data; (d) the deletion, corruption, or failure to store, send, or receive your data or transmissions on or through the Site; (e) statements or conduct of any third party on the service; and (f) any other matter relating to the Site.
Indemnification
You agree to defend, indemnify and hold Camarts, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Site; (b) your use of the Site; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Site.
Jurisdiction
These Terms shall be construed in accordance with the laws of the state of Delaware, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Force Majeure
If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:
- Specify the obligations and the extent to which it cannot perform those obligations;
- Fully describe the event of Force Majeure;
- Estimate the time during which the Force Majeure will continue; and
- Specify the measures proposed to be adapted to remedy or abate the Force Majeure.
Following a notice in accordance with these Terms and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.
The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.
The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement. The term of this Agreement will not be extended by the period of Force Majeure.
Release
You forever release, discharge, and covenant not to sue the Camarts from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Camarts or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you agree not to hold Camarts liable for any harm to you or your property resulting from your use of the Service or interacting with any party through the Service. You agree that the provisions in Limitation of Liability and Release section of this Agreement will survive any termination of your account(s), the Service, or this Agreement.
Dispute Resolution
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Camarts agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("dispute"), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: Camarts, Customer Service, e-mail: support@camartsphotography.com.
Unless you indicate otherwise in your notice, Camarts shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that Camarts is unable to resolve the dispute with you through the Customer Service department referenced above, you and Camarts both agree the parties shall resolve their dispute utilizing governing federal and state courts located in Delaware. You hereby waive your right to a class action lawsuit.
Waiver/Severability
The failure of Camarts to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Camarts’s right to assert or rely upon any such provision or right in that or any other instance.
You and Camarts agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If the Dispute Resolution section of this Agreement is found to be illegal or unenforceable then neither you nor Camarts will elect to arbitrate any Dispute falling within that portion of the section and such Dispute will be decided by a court of competent jurisdiction within Delaware, and you and Camarts agree to submit to the personal jurisdiction of that court.
Term and Termination
This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or Camarts. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Camarts or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Camarts if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Camarts’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, Camarts shall retain all rights to the Submissions pursuant to this Agreement.
We reserve the right to suspend or terminate the membership and/or block the device or IP address from accessing our services for violation of these Terms, including unauthorized downloading or improper use of licensed images.
Upon termination, users will lose access to their membership benefits, purchased licenses, and all downloaded images must be deleted. No refunds will be provided for unused portions of the membership.
Suggestions, Comments and Feedback
Should the user respond to any part of the materials contained herein in the Site with any communications including feedback data, such as questions, comments, suggestions, or the like, such information shall be deemed to be non-confidential and Camarts and its affiliates, subsidiaries, employees, agents, partners, principals and representatives shall have no obligation whatsoever with respect to such communications and shall be free to reproduce, use disclose and distribute the information to others without limitation, and shall be free to use in any way for any purpose whatsoever the content of such communications including any ideas, know-how, techniques or concepts disclosed therein.
Personal Data
Camarts is committed to protecting and respecting your personal data.
Please read the Privacy Policy to understand our views and practices regarding your personal data and how we will treat it.
Privacy Statement
We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.
Customer Service
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.
Website: support.camartsphotography.com
Email: support@camartsphotography.com
Phone: +1 (626)508-6680
Mail: 1401 Pennsylvania Ave, Ste 105 Box 2023, Wilmington, DE 19806, USA