Privacy

Your Privacy Is Important to Us

Crystal Melban Photography is committed to ensuring that your privacy is protected. If you volunteer to provide certain information by which you can be identified when using this website to sign up for our email news updates or to request information, then you can be assured that it will only be used in accordance with this privacy statement.

Collection of Information

When voluntarily submitted by our visitors, this website collects personally identifiable information, like names, postal addresses, email addresses, etc. The information you provide is used to fulfill your specific request.

From time to time this policy may be amended. If substantial changes are made in the way we collect or use your personally identifiable information, we will notify visitors by posting an announcement on our Web site.

Email Addresses

Your email address is only collected when you voluntarily enter it into a form on this website that offers you the ability to receive periodic updates about Crystal Melban Photography. By signing up, you are indicating agreement to receive emails about shows, new work, awards, and other news. We will not sell, trade, loan or rent any personally identifiable information collected to third parties, including email addresses.

Cookies

We do not use cookies on this Web site. Our Web site logs do not collect personally identifiable information and we do not make attempts to link them with the individuals who visit our site.

Links to Other Websites

We do not Link to any websites nor we will in the future.

Minor Users

cmelban.com does not intend to and will not purposely collect, require or request personal information from persons under 18 years of age without a permission from a parent or legal guardian. If the User is a minor, he/she should not enter his/her personal information or use the site in any way prior to obtaining the consent of the parent or legal guardian.

Intellectual Property Notice

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and all copy, content, source code and other written and visual materials on the Site (collectively, “the Property”) are the exclusive copyright, trademark, or other intellectual property owned or licensed by cmelban.com. The Site as a whole is protected by U.S. and international copyright, trademark and all other intellectual property law. All worldwide rights, titles and interests in and to the Property are owned or licensed by cmelban.com.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited by U.S. and international law.

You, as the user, have no license to download or copy the Property on this Site for personal, noncommercial use. Violation of cmelban.com’s Intellectual Property Notice will result in automatic revocation of this license. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Property on the Site, the Site as a whole, or any related software without the prior written permission of cmelban.com. You may not use any meta tags or any other hidden text utilizing any of the Property, including cmelban.com’s name or web address, without the express written consent of cmelban.com. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site using robots, data mining, automated agents, or any other data gathering or extraction tools without prior written permission of cmelban.com.

public domain

This website does not oprate under public domain all materials, including images, illustrations, designs, icons, photographs, and all copy, content, source code are copyrighted to cmelban.com and are not avilable to public.

User Comments, Feedback and other Submissions

All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered tocmelban.com or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain cmelban.com’s property. Such disclosure, submission or offer shall constitute an assignment to cmelban.com of all worldwide rights, titles and interests in all intellectual property rights in such comments, feedback, suggestions, and other submissions.

Legal Compliance

You shall use cmelban.com for lawful purposes only. You shall not transmit through cmelban.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to cmelban.com for any breach of this provision or any other provision of this Agreement.

Warranty/Disclaimer of Liability

YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. CMELBAN.COM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM CMELBAN.COM ARE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT M&M SmokeShop.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Ordering

Placing your order with cmelban.com constitutes an offer, which cmelban.com reserves the right to reject or approve at its discretion. No contract will arise until cmelban.com or crystal melban photography has accepted your offer by approving your order.

There are few ways for you to purchase images from cmelban.com; you can even mix and match them in a single order if you’d like. Whether you’re buying one image at a time or large numbers of  images a day, our low prices and quality service cannot be beat! We will do our best to provide you with best service and fast downlods for images.

This Agreement governs the terms by which members and clients of cmelban.com obtain the right to use stock photographic, illustrations, animations, video, footage, and other media content provided by members of the www.cmelban.com community through the web site located at www.cmelban.com (the “Site”). This Content License Agreement is in addition to the Terms of Use applicable to the Site and to the Membership Agreement that all persons providing content to or downloading content from the Site have previously entered into. In the event of any inconsistency between this Agreement, the Membership Agreement and the Terms of Use (both of which are incorporated into this Agreement by reference), the terms of this Agreement shall govern.

Permitted Standard License Uses

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless (i) the proposed use is allowable under an Extended License which is available for the Content; or (ii) if the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, you should either obtain an Extended License or contact cmelban.com’s Client Relations for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

   1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
   2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
   3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640×480 for video Content;
   4. prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
   5. any other uses approved in writing by cmelban.com.

If there is any doubt that a proposed use is a Permitted Use, you should contact cmelban.com’s Client Relations for guidance.
Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section or permitted by an Extended License. For greater certainty, the following are “Prohibited Uses” and you may not:

   1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
   2. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cmelban.com);
   3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
   4. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
   5. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
   6. use the Content in a fashion that is considered by cmelban.com (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
   7. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
   8. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
   9. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
  10. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
  11. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
  12. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
  13. use the Content for editorial purposes without including the following credit adjacent to the Content: “©cmelban.com.com/Artist’s Member Name]; or
  14. either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times without obtaining an Extended License, in which event you shall be required to pay an additional royalty fee equal to US $0.01 for each reproduction which is in excess of 500,000 reproductions. This additional royalty does not apply to advertisements in websites or to broadcast by television, web-cast or theatrical production.

 Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF cmelban.com AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND cmelban.com, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND cmelban.com RELATING TO THE SUBJECT OF THIS AGREEMENT

Governing Law

The Site is created and controlled by Crystal melban photography, in the State of California. By visiting this Site, you agree that the laws of the State of California, without regard to principles of conflicts of laws, will govern all terms, conditions and disclaimers on the Site, including this Agreement.

Copyright
©  2010-2011 Crystal Melban Photography or http://www.cmelban.com. All Rights Reserved.
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