Terms & Conditions

Welcome to CenterStage Photos.

These Terms of Use, Image License, and Conditions of Sale (the “Terms”) govern your access to and use of the CenterStage Photos website, online galleries, ordering platforms, digital downloads, products, services, and related content (collectively, the “Services”).

By accessing or using the Services, creating an account, viewing a gallery, downloading images, placing an order, purchasing products, or otherwise interacting with the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you should not access or use the Services.

CenterStage Photos reserves the right to modify these Terms at any time. Any modifications will become effective upon posting to the website. Your continued use of the Services following any updates constitutes acceptance of the revised Terms.

ARTICLE I

DEFINITIONS

For purposes of these Terms, the following definitions apply:

“Athlete” means any athlete, student, participant, dancer, cheerleader, gymnast, performer, coach, instructor, team member, camper, or other individual photographed by CenterStage Photos.

“Customer” means any parent, legal guardian, athlete, school representative, gym representative, organization representative, purchaser, account holder, or individual using the Services.

“Digital Content” means any digital photograph, image file, video, graphic, design, downloadable file, composite image, digital artwork, or other electronic media created, distributed, or made available by CenterStage Photos.

“Gallery” means any online image collection, event gallery, proofing gallery, private viewing area, image portal, or access-controlled collection of Images hosted by CenterStage Photos.

“Images” means all photographs, digital files, visual content, likenesses, graphics, composites, and photographic works created by or on behalf of CenterStage Photos.

“Organization” means any school, dance school, gymnastics facility, cheer program, sports organization, athletic association, league, camp, competition, tournament, event organizer, or similar entity.

“Products” means prints, enlargements, plaques, banners, trading cards, memory mates, digital downloads, specialty items, promotional products, and any other products offered through the Services.

“Services” means the CenterStage Photos website, online galleries, ordering systems, photography services, digital content, products, and all related offerings.

ARTICLE II

PHOTOGRAPHY SERVICES

2.1 Scope of Services

CenterStage Photos provides professional photography services for schools, athletic organizations, sports teams, dance schools, cheer programs, gymnastics facilities, camps, competitions, tournaments, performances, and special events.

Services may include:

  • Individual portraits;

  • Team photographs;

  • Action photography;

  • Event photography;

  • Digital image delivery;

  • Online galleries;

  • Customized photography products;

  • Specialty products; and

  • Related photography services.

CenterStage Photos reserves the right to determine the artistic style, composition, editing, presentation, and delivery of all Images.

2.2 Photography is Subjective

Photography is an artistic service. Customer preferences regarding expression, pose, composition, lighting, image selection, cropping, editing style, background appearance, athlete positioning, or similar aesthetic considerations are inherently subjective.

CenterStage Photos does not guarantee:

  • Any specific pose;

  • Any specific facial expression;

  • Any particular action photograph;

  • Inclusion in a specific photograph;

  • A minimum number of Images;

  • A particular background or composition;

  • A specific image quality based upon venue conditions; or

  • Any Customer-preferred photographic outcome.

2.3 Factors Outside Our Control

Image quality and image availability may be affected by factors beyond the control of CenterStage Photos, including:

  • Athlete cooperation;

  • Athlete attendance;

  • Athlete participation levels;

  • Uniform condition;

  • Environmental conditions;

  • Venue restrictions;

  • Weather conditions;

  • Event schedules;

  • Lighting conditions;

  • Equipment placement restrictions;

  • Organizational requirements; and

  • Actions of third parties.

CenterStage Photos shall not be responsible for any dissatisfaction arising from such factors.

2.4 Missed Photography Opportunities

CenterStage Photos is not responsible for missed photographs resulting from:

  • Athlete absence;

  • Late arrival;

  • Early departure;

  • Scheduling conflicts;

  • Event modifications;

  • Venue restrictions;

  • Organizational oversight; or

  • Customer error.

Retakes, makeup sessions, or replacement photography sessions may be offered at CenterStage Photos' sole discretion and may be subject to additional fees.

ARTICLE III

ORDERS, PRICING, AND PAYMENT

3.1 Order Acceptance

All orders submitted through the Services are subject to review and acceptance by CenterStage Photos.

CenterStage Photos reserves the right to reject, refuse, cancel, suspend, or modify any order at any time, including orders affected by:

  • Product availability;

  • Pricing errors;

  • Technical issues;

  • Fraud concerns;

  • Payment authorization issues; or

  • Violations of these Terms.

3.2 Pricing

All prices displayed through the Services are subject to change without notice.

CenterStage Photos reserves the right to correct pricing errors, typographical errors, calculation errors, promotional errors, or technical errors at any time, including after an order has been submitted.

3.3 Taxes and Fees

Applicable sales taxes, shipping charges, handling fees, processing fees, and other governmental charges may be added to an order where required by law.

Customers are responsible for all charges associated with their purchases.

3.4 Payment Authorization

By submitting an order, you represent and warrant that:

  • You are authorized to use the payment method provided;

  • All payment information submitted is accurate;

  • You authorize CenterStage Photos and its payment processing partners to charge the full amount of the transaction; and

  • The transaction does not violate any applicable law or agreement.

3.5 Fraud Prevention

To protect Customers and the integrity of the Services, CenterStage Photos reserves the right to verify billing information, request additional documentation, delay processing, refuse service, or cancel orders reasonably suspected of fraud, unauthorized activity, chargeback abuse, or misuse of the Services.

ARTICLE IV

PRODUCTS, DIGITAL DOWNLOADS, SHIPPING, AND FINAL SALES

4.1 Custom Products

All Products offered through the Services are custom-created, custom-printed, personalized, or otherwise produced specifically for each Customer based upon image selections, crop selections, personalization requests, product specifications, and order details submitted during the ordering process.

Because Products are custom manufactured and personalized, they generally cannot be resold, restocked, or repurposed once production has begun.

Customers are solely responsible for reviewing and confirming all order details prior to submitting an order, including:

  • Selected Images;

  • Product selections;

  • Cropping and positioning;

  • Athlete names;

  • Team names;

  • Jersey numbers;

  • Personalization requests;

  • Shipping information; and

  • Billing information.

Once an order has been submitted, modifications may not be possible.

4.2 Final Sale Policy

Due to the customized nature of photography products, all sales are final.

Except as expressly provided in these Terms, CenterStage Photos does not provide refunds, returns, exchanges, credits, or cancellations for:

  • Change of mind;

  • Incorrect product selection;

  • Incorrect image selection;

  • Incorrect crop selection;

  • Customer-entered personalization errors;

  • Delayed ordering;

  • Duplicate orders placed by the Customer;

  • Subjective dissatisfaction with facial expressions, poses, lighting, or image composition;

  • Failure to review gallery images prior to purchase; or

  • Customer failure to read product descriptions.

Customers are encouraged to carefully review all order details before completing checkout.

4.3 Damaged, Defective, or Incorrect Products

CenterStage Photos strives to ensure that all Products are produced and delivered accurately.

If a Product arrives damaged, contains a manufacturing defect, or materially differs from the Product ordered, the Customer must notify CenterStage Photos within fourteen (14) calendar days of delivery.

Requests must include:

  • Order number;

  • Description of the issue;

  • Photographs of the Product;

  • Photographs of the packaging, if applicable; and

  • Any additional information reasonably requested by CenterStage Photos.

Upon verification, CenterStage Photos may, in its sole discretion:

  • Replace the Product;

  • Reprint the Product;

  • Provide store credit; or

  • Issue a refund for the affected Product.

Normal variations in color, brightness, cropping, image positioning, or print appearance between screens and printed materials shall not constitute defects.

4.4 Digital Downloads

Digital downloads are licensed, not sold.

Upon purchase, Customers are granted a limited, revocable, non-exclusive, non-transferable license to download and use purchased Images solely for personal, non-commercial purposes.

Digital downloads may be used for:

  • Personal printing;

  • Personal archiving;

  • Personal social media sharing;

  • Family and personal use.

Digital downloads may not be used for:

  • Commercial purposes;

  • Advertising;

  • Sponsorships;

  • Product endorsements;

  • Merchandise creation;

  • Resale;

  • Licensing to third parties; or

  • Any use prohibited by these Terms.

4.5 Digital Download Delivery

Digital download delivery is generally completed electronically through the Services.

Customers are responsible for downloading purchased files within any stated download period.

CenterStage Photos does not guarantee permanent availability of purchased digital files and strongly recommends that Customers maintain backup copies of all downloaded Images.

Proof of successful electronic delivery shall constitute fulfillment of CenterStage Photos' obligations regarding digital products.

4.6 No Refunds for Digital Products

Because digital products are delivered immediately and cannot be returned, all digital download purchases are final.

Once a digital file has been delivered, accessed, downloaded, or made available for download, no refund, cancellation, exchange, or credit shall be provided except where required by applicable law.

4.7 Production and Fulfillment

Production timelines provided by CenterStage Photos are estimates only.

Actual production times may vary based upon:

  • Product type;

  • Seasonal demand;

  • Vendor capacity;

  • Supply chain conditions;

  • Shipping carrier delays;

  • Weather events; and

  • Circumstances beyond CenterStage Photos' reasonable control.

CenterStage Photos does not guarantee delivery by any specific date unless expressly agreed to in writing.

4.8 Shipping and Delivery

Shipping timelines are estimates provided by third-party carriers and are not guaranteed.

CenterStage Photos is not responsible for delays caused by:

  • Postal services;

  • Shipping carriers;

  • Customs authorities;

  • Weather conditions;

  • Labor disputes;

  • Natural disasters;

  • Government actions; or

  • Events outside its reasonable control.

Risk of loss transfers to the Customer upon delivery of the Product to the carrier.

Customers are responsible for providing accurate shipping information.

Additional shipping charges may apply for reshipment resulting from incorrect addresses provided by the Customer.

ARTICLE V

INTELLECTUAL PROPERTY, COPYRIGHT OWNERSHIP, AND IMAGE LICENSE

5.1 Ownership of Images

All Images, Digital Content, graphics, designs, logos, galleries, website content, software elements, visual materials, and related intellectual property displayed through the Services are and shall remain the exclusive property of CenterStage Photos and its licensors.

No ownership rights are transferred to any Customer through the purchase of Products or Digital Content.

Purchasing a photograph does not transfer copyright ownership.

5.2 Copyright Protection

All Images are protected by:

  • United States copyright laws;

  • International copyright treaties;

  • Trademark laws;

  • Intellectual property laws; and

  • Other applicable legal protections.

CenterStage Photos reserves all rights not expressly granted herein.

5.3 Personal Use License

Subject to compliance with these Terms, Customers purchasing Digital Content receive a limited license to:

  • Download purchased Images;

  • Print purchased Images for personal use;

  • Share purchased Images on personal social media accounts;

  • Store Images for personal archival purposes; and

  • Share Images with immediate family members.

This license is personal, revocable, non-exclusive, and non-transferable.

5.4 Prohibited Uses

Unless expressly authorized in writing by CenterStage Photos, Customers shall not:

  • Sell Images;

  • License Images;

  • Distribute Images for commercial purposes;

  • Use Images in advertising;

  • Use Images for sponsorship or endorsement activities;

  • Create merchandise featuring Images;

  • Submit Images to stock photography services;

  • Use Images in publications for commercial gain;

  • Transfer usage rights to third parties;

  • Alter copyright notices;

  • Remove watermarks;

  • Misrepresent ownership of Images; or

  • Claim authorship of Images.

Any unauthorized use may constitute copyright infringement and may subject the violator to legal action.

5.5 Social Media Sharing

Customers may share purchased Images through personal social media accounts provided that:

  • The Images are not used for commercial purposes;

  • Copyright information is not removed;

  • Watermarks are not removed from proof images;

  • The Images are not materially altered in a manner that misrepresents the work of CenterStage Photos.

CenterStage Photos appreciates attribution whenever reasonably possible, although attribution is not required unless otherwise stated.

ARTICLE VI

ARTIFICIAL INTELLIGENCE, MACHINE LEARNING, AND DIGITAL USE RESTRICTIONS

6.1 Artificial Intelligence Restrictions

The Images, Digital Content, and other materials available through the Services represent valuable intellectual property owned by CenterStage Photos.

Except as expressly authorized in writing by CenterStage Photos, Customers may not use any Image, Digital Content, or portion thereof in connection with any artificial intelligence, machine learning, biometric recognition, facial recognition, computer vision, synthetic media, generative content, or similar technology.

6.2 Prohibited AI Uses

Without limiting the foregoing, Customers shall not:

  • Upload Images to artificial intelligence platforms for training purposes;

  • Use Images to train machine learning models;

  • Use Images to improve artificial intelligence systems;

  • Create derivative works using artificial intelligence;

  • Generate synthetic versions of Images;

  • Remove watermarks using artificial intelligence tools;

  • Enhance, alter, manipulate, or reconstruct Images using artificial intelligence for commercial purposes;

  • Create datasets containing Images;

  • Use Images for facial recognition analysis;

  • Use Images in biometric identification systems;

  • Incorporate Images into generative media applications; or

  • Permit any third party to engage in any of the foregoing activities.

These restrictions apply regardless of whether the Images are modified, cropped, edited, enhanced, or combined with other materials.

6.3 Reservation of Rights

CenterStage Photos expressly reserves all rights relating to artificial intelligence, machine learning, data mining, and future technologies not specifically addressed in these Terms.

No rights relating to such uses are granted by implication, estoppel, or otherwise.

ARTICLE VII

GALLERY ACCESS, ACCOUNT SECURITY, AND ACCEPTABLE USE

7.1 Gallery Access

Certain Galleries may be accessible only through:

  • Access codes;

  • Gallery passwords;

  • Verification links;

  • Email authentication;

  • Text message verification;

  • Account credentials; or

  • Other security measures implemented by CenterStage Photos.

Customers are responsible for maintaining the confidentiality of all access credentials.

7.2 Responsibility for Shared Access

Customers acknowledge that sharing gallery access information with other individuals may permit those individuals to view Images associated with the applicable Gallery.

CenterStage Photos is not responsible for unauthorized access resulting from:

  • Shared passwords;

  • Shared access codes;

  • Shared devices;

  • Unauthorized forwarding of gallery links; or

  • Customer negligence.

7.3 Account Security

If an account is created through the Services, Customers are responsible for:

  • Maintaining accurate account information;

  • Protecting account credentials;

  • Restricting access to devices used to access the Services; and

  • Promptly notifying CenterStage Photos of suspected unauthorized access.

Customers remain responsible for all activity occurring through their accounts.

7.4 Prohibited Conduct

Customers shall not use the Services in any manner that:

  • Violates applicable law;

  • Infringes intellectual property rights;

  • Interferes with operation of the Services;

  • Circumvents security measures;

  • Attempts unauthorized access to Galleries;

  • Accesses Images belonging to unrelated individuals;

  • Harvests customer information;

  • Scrapes website content;

  • Copies substantial portions of the Services;

  • Introduces malicious software;

  • Impersonates another individual or entity; or

  • Disrupts the experience of other users.

7.5 Automated Access Restrictions

The use of automated tools, bots, crawlers, scrapers, spiders, data-mining tools, or similar technologies to access, copy, monitor, collect, index, or reproduce content from the Services is strictly prohibited without the prior written consent of CenterStage Photos.

7.6 Suspension or Termination

CenterStage Photos reserves the right to suspend, restrict, or terminate access to the Services at any time, with or without notice, if CenterStage Photos reasonably believes that a Customer has violated these Terms or engaged in activity that may harm the Services, other Customers, or CenterStage Photos.

ARTICLE VIII

PROMOTIONAL USE OF IMAGES

8.1 Promotional Rights

Unless prohibited by applicable law or expressly restricted by a written agreement, CenterStage Photos may use Images created in connection with its Services for legitimate business and promotional purposes.

Such uses may include:

  • Portfolio displays;

  • Website content;

  • Social media content;

  • Marketing materials;

  • Print advertising;

  • Digital advertising;

  • Trade publications;

  • Industry presentations;

  • Award submissions;

  • Promotional campaigns;

  • Business development activities; and

  • Educational or training purposes.

8.2 No Additional Compensation

Customers acknowledge that no compensation, royalty, fee, or other payment shall be due in connection with authorized promotional uses of Images by CenterStage Photos.

8.3 Opt-Out Requests

Parents, legal guardians, schools, gyms, or organizations wishing to request that specific Images not be used for promotional purposes may submit a written request to CenterStage Photos.

CenterStage Photos will make commercially reasonable efforts to honor such requests for future promotional use; however, CenterStage Photos shall not be required to remove materials already published, distributed, printed, or otherwise used prior to receipt of the request.

8.4 Organizational Photography

Customers acknowledge that photography sessions conducted for schools, gyms, athletic organizations, dance schools, cheer programs, and similar organizations may involve group photographs, team photographs, event coverage, and candid imagery.

CenterStage Photos cannot guarantee that an individual participant will not appear in promotional materials where such participant is incidentally included within a group or event photograph.

ARTICLE IX

CUSTOMER CONTENT, REVIEWS, AND FEEDBACK

9.1 Customer Feedback

CenterStage Photos welcomes comments, suggestions, testimonials, recommendations, reviews, and other feedback relating to the Services.

Any feedback submitted to CenterStage Photos may be used by CenterStage Photos without restriction and without compensation to the submitting party.

9.2 Reviews and Public Statements

Customers are encouraged to provide honest and accurate reviews regarding their experiences.

Customers agree that any review, comment, testimonial, or public statement concerning CenterStage Photos shall:

  • Be truthful;

  • Be based upon actual experiences;

  • Not contain knowingly false information;

  • Not violate the rights of any third party; and

  • Not contain unlawful, defamatory, abusive, threatening, or harassing content.

9.3 User-Submitted Content

To the extent Customers submit photographs, comments, testimonials, reviews, social media content, or other materials to CenterStage Photos, Customers grant CenterStage Photos a non-exclusive, royalty-free, worldwide license to use, reproduce, display, publish, and distribute such materials for legitimate business purposes.

9.4 Monitoring Rights

CenterStage Photos reserves the right, but not the obligation, to review, remove, refuse, or restrict any content submitted through the Services that CenterStage Photos reasonably determines to be inappropriate, unlawful, misleading, infringing, or inconsistent with these Terms.

ARTICLE X

DISCLAIMERS, LIMITATION OF LIABILITY, AND ASSUMPTION OF RISK

10.1 Services Provided “As Is”

The Services, including all Images, Galleries, Digital Content, Products, website functionality, ordering systems, and related materials, are provided on an "as is," "as available," and "with all faults" basis.

To the fullest extent permitted by law, CenterStage Photos disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of:

  • Merchantability;

  • Fitness for a particular purpose;

  • Non-infringement;

  • Accuracy;

  • Availability;

  • Reliability; and

  • Uninterrupted operation.

CenterStage Photos does not warrant that the Services will be error-free, uninterrupted, secure, or available at all times.

10.2 Photography and Artistic Judgment

Customers acknowledge that photography is an artistic and subjective service.

Differences of opinion regarding:

  • Image selection;

  • Editing style;

  • Retouching;

  • Color balance;

  • Exposure;

  • Composition;

  • Athlete appearance;

  • Facial expressions;

  • Posing;

  • Background appearance; and

  • Artistic presentation

shall not constitute defects, negligence, breach of contract, or grounds for refunds.

All artistic decisions are made in the professional judgment of CenterStage Photos.

10.3 Website and Technology Limitations

CenterStage Photos shall not be responsible for interruptions, delays, errors, or failures arising from:

  • Internet outages;

  • Server failures;

  • Software malfunctions;

  • Payment processor interruptions;

  • Third-party platform failures;

  • Cybersecurity incidents;

  • Data transmission errors;

  • Device incompatibility; or

  • Circumstances beyond its reasonable control.

10.4 Limitation of Liability

To the fullest extent permitted by applicable law, CenterStage Photos shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to the Services, regardless of the legal theory asserted.

Without limitation, CenterStage Photos shall not be liable for:

  • Emotional distress;

  • Disappointment;

  • Loss of enjoyment;

  • Loss of opportunity;

  • Loss of memories;

  • Missed photographs;

  • Missed events;

  • Missed moments;

  • Loss of business;

  • Lost profits;

  • Lost revenue;

  • Reputational harm;

  • Data loss;

  • Image loss caused by third parties;

  • Shipping delays;

  • Production delays; or

  • Technology failures.

10.5 Maximum Liability

In all circumstances, the total cumulative liability of CenterStage Photos arising from or relating to any claim shall not exceed the amount actually paid by the Customer for the specific Product or Service giving rise to the claim.

This limitation applies regardless of the number of claims asserted and regardless of the legal theory asserted.

10.6 Customer Assumption of Risk

Customers acknowledge that participation in athletic events, school activities, competitions, performances, and other organized events involves circumstances outside the control of CenterStage Photos.

CenterStage Photos is not responsible for:

  • Event operations;

  • Athlete participation decisions;

  • School policies;

  • Gym policies;

  • Venue rules;

  • Competition schedules;

  • Safety procedures;

  • Coaching decisions; or

  • Organizational management.

ARTICLE XI

CHARGEBACKS, PAYMENT DISPUTES, AND COLLECTION RIGHTS

11.1 Customer Resolution Requirement

If a Customer believes that an order contains an error, defect, billing issue, or fulfillment issue, the Customer agrees to contact CenterStage Photos and provide a reasonable opportunity to investigate and resolve the matter before initiating a chargeback, payment reversal, payment dispute, or similar claim.

11.2 Improper Chargebacks

A chargeback initiated after:

  • Receipt of a Product;

  • Delivery of a digital download;

  • Access to purchased Images; or

  • Receipt of the Services

may constitute a breach of these Terms if the basis for the chargeback is inconsistent with the rights and obligations set forth herein.

11.3 Collection Costs

If CenterStage Photos prevails in contesting a chargeback, payment dispute, collection action, or similar proceeding, CenterStage Photos shall be entitled to recover, to the extent permitted by law:

  • Outstanding balances;

  • Collection costs;

  • Administrative costs;

  • Bank fees;

  • Processing fees;

  • Investigation costs;

  • Court costs; and

  • Reasonable attorneys' fees.

11.4 Digital Delivery Evidence

Customers acknowledge that electronic delivery records, download logs, access records, transaction logs, and related business records may be used by CenterStage Photos as evidence of fulfillment and delivery.

ARTICLE XII

INDEMNIFICATION

Customers agree to defend, indemnify, and hold harmless CenterStage Photos, its owners, officers, directors, employees, contractors, affiliates, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, judgments, settlements, penalties, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • Use of the Services;

  • Violation of these Terms;

  • Violation of applicable law;

  • Infringement of intellectual property rights;

  • Misuse of Images;

  • Unauthorized use of Gallery access credentials;

  • Fraudulent activity;

  • User-submitted content; or

  • Any act or omission of the Customer.

The indemnification obligations contained herein shall survive termination of these Terms.

ARTICLE XIII

GOVERNING LAW, VENUE, AND LEGAL PROCEEDINGS

13.1 Governing Law

These Terms and any dispute, claim, controversy, action, cause of action, or proceeding arising out of or relating to the Services, the Images, the Products, the Digital Content, any purchase, any transaction, or the relationship between CenterStage Photos and any Customer shall be governed by, construed, and enforced in accordance with the laws of the State of Oklahoma, without regard to conflict-of-law principles that would result in the application of the laws of any other jurisdiction.

13.2 Nationwide Operations

CenterStage Photos provides photography services, digital services, products, online galleries, image licensing, and related services throughout the United States, including all fifty (50) states and the District of Columbia.

Customers acknowledge and agree that CenterStage Photos operates as a nationwide business and that these Terms are intended to apply uniformly to all Customers regardless of the Customer's state of residence, location of an event, location of a photography session, location of delivery, location of access to the Services, or any other geographic factor.

Except to the extent prohibited by applicable law or where non-waivable consumer protection laws require otherwise, all rights and obligations of the parties shall be governed by Oklahoma law as set forth herein.

Nothing contained in these Terms shall be interpreted as a waiver by CenterStage Photos of any rights, remedies, protections, defenses, limitations, or privileges available under Oklahoma law.

13.3 Exclusive Venue

Any legal action, claim, dispute, controversy, lawsuit, arbitration enforcement proceeding, or other legal proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in:

• The District Court of Oklahoma County, Oklahoma; or

• The United States District Court for the Western District of Oklahoma, where federal jurisdiction exists.

Each Customer irrevocably:

• Consents to the personal jurisdiction of such courts;

• Consents to venue in such courts;

• Waives any objection based upon venue;

• Waives any objection based upon forum non conveniens;

• Waives any objection based upon personal jurisdiction; and

• Agrees not to seek transfer of any action to another jurisdiction except as required by applicable law.

13.4 Attorneys' Fees

In any action, proceeding, claim, dispute, collection matter, chargeback proceeding, arbitration enforcement action, or litigation arising out of or relating to these Terms or the Services, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, litigation expenses, investigation costs, collection costs, court costs, and other expenses incurred in enforcing its rights, in addition to any other relief awarded.

13.5 Class Action Waiver

To the fullest extent permitted by applicable law, Customers agree that any claim against CenterStage Photos shall be brought solely in an individual capacity.

Customers expressly waive any right to participate in:

• Class actions;

• Collective actions;

• Representative actions;

• Private attorney general actions;

• Mass actions; or

• Any similar consolidated, coordinated, or representative proceeding.

No claim subject to these Terms may be joined with the claim of any other individual or entity without the prior written consent of CenterStage Photos.

13.6 Statute of Limitations

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services, Products, Images, Digital Content, or these Terms must be commenced within one (1) year after the claim arises or such claim shall be permanently barred.

13.7 Interstate Commerce

Customers acknowledge that the Services involve interstate commerce and may involve customers, organizations, events, products, vendors, suppliers, technology providers, payment processors, fulfillment providers, and shipping carriers located throughout the United States. The parties agree that the application of Oklahoma law and venue provisions contained herein is reasonable and appropriate in light of CenterStage Photos' principal place of business and nationwide operations.

ARTICLE XIV

GENERAL PROVISIONS

14.1 Force Majeure

CenterStage Photos shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including:

  • Acts of God;

  • Severe weather;

  • Floods;

  • Fires;

  • Earthquakes;

  • Pandemics;

  • Epidemics;

  • Government actions;

  • Labor disputes;

  • Transportation interruptions;

  • Supply chain disruptions;

  • Utility failures;

  • Internet outages;

  • Cyberattacks;

  • Vendor failures; or

  • Other unforeseen events.

14.2 Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

14.3 Waiver

No waiver of any provision of these Terms shall be deemed a continuing waiver or a waiver of any other provision.

14.4 Assignment

CenterStage Photos may assign, transfer, or delegate its rights and obligations under these Terms without restriction.

Customers may not assign or transfer any rights granted under these Terms without the prior written consent of CenterStage Photos.

14.5 Survival

The provisions relating to intellectual property, image licensing, payment obligations, chargebacks, indemnification, limitation of liability, attorneys' fees, governing law, venue, and any other provisions which by their nature should survive termination shall survive the termination or expiration of these Terms.

14.6 Entire Agreement

These Terms constitute the entire agreement between CenterStage Photos and the Customer regarding the Services and supersede all prior or contemporaneous communications, understandings, negotiations, representations, or agreements relating to the subject matter herein.

14.7 Contact Information

Questions regarding these Terms may be directed to:

CenterStage Photos

Through the contact information provided on the CenterStage Photos website.

By continuing to access or use the Services, Customers acknowledge that they have read, understood, and agreed to these Terms of Use, Image License, and Conditions of Sale.