Cestmagazine.com is a non-profit, personal blog presented in a magazine-like fashion, where we select, curate, comment and/or critique work made in the past by artists, photographers, videographers, architects, designers and others professionals alike, with the sole purpose of educating on the relevance and aesthetic value of all this different kind of artistic expressions. We want to show people what has been done by wonderful and talented fellow humans, to better shape our collective taste in things, and we do it under the Fair Use Doctrine rules and conditions.
Our own Fair Use Checklist:
1. All we use is previously published work.
2. By making comment, critiquing and curating we’re adding value on top of every content.
3. We select, post, comment and/or critique to educate.
4. We don’t charge anything to anyone nor we sell ad space. Cestmagazine.com as a whole is non-profit.
5. There’s no significant effect on the market or potential market for the copyrighted work.
6. Posts include a very small portion of the artist's work in relation to their full body of work.
7. Although every blog post is about the artist, we always credit the content to them and include a link to either their website or social networks.
8. We only post low resolution images of each work.
Although we’re making it accessible on the Web, all of the content we curate and post is content already available on the Web, not only on the author’s website and/or social media, but in multiple digital outlets predating ours. As we have gathered, this are all outlets such as other blogs and magazines with way more traffic than ours. Video content is all originally posted on Vimeo with free access to the public, in which case we link and display the work through a video box from directly from the source, accompanied with its original link embedded.
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​​Terms of Service
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1) By accessing or using any part of the Cestmagazine.com website, you agree to be bound by our Terms of Service. If you do not agree to the terms and conditions of this agreement, then you may not access the website or use any of our services.
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2. This website is operated by Cestmagazine. Throughout the site, the terms “we”, “us” “our” and “CMAG” refer to Cestmagazine.
Cestmagazine offers this website, including all information, excerpted media, original analysis of fashion, cultural, lifestyle, art, architecture, photography, video and design, hyperlinks and other assets to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
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3. In the case of photographers, videographers, designer, artist or their agents, should you now or in the future want images for which you hold a filed federal copyright not sub-licensed to the media or magazine company featured on CMAG, please contact us immediately, and we will remove them or make necessary changes per your request.
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A more detailed set of procedures regarding images will be issued shortly. However, Cestmagazine.com is featuring images with the published understanding that any dispute regarding their usage is governed by the 2021 Copyright Alternative in Small Claims Enforcement Act (CASE Act). Simply stated, any legal disputes concerning copyright are resolved through arbitration, and not in the federal court system.
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If you are a photographer, videographer, designer, artist, agent, image licensing agent for any of the above, or what is called a copyright troll lawyer, you are bound by the CASE Act if you or your client’s work is featured on Cestmagazine.com. You are also bound by all other federal, legal procedures in place under the Digital Millennium Copyright Act [DMCA]. These procedures will be outlined shortly. AND, you are bound by new Supreme Court and appellate court decisions concerning the topic of statute of limitations around alleged “infringement” discovery.
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Should you ignore our terms of service and file a copyright-related case against Cestmagazine.com and its owners in federal court, you agree that you will pay the legal costs for CMAG and its representatives to defend ourselves up to US $250,000. You also understand that Cestmagazine.com and its representatives do not “pay up” or respond to threatening letters that disregard these terms and conditions. We will not be ambushed in federal court with no warning. You, on the other hand, have been warned.
We will arbitrate all disputes through the CASE Act. You will not file any legal document against Cestmagazine without immediately notifying us of your intention to do so. Please contact us immediately, and we will confirm receipt of your message within 24 hrs.
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4. Cestmagazine does not charge users a fee of any kind for using this website. Cestmagazine accepts no financial assistance of any kind from creatives wanting their work featured on this website. Nor are we paid by brands. Every post is curated against the highest standards in the industry, based on our own decision-making process.
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5. We are not responsible if information made available on this site is not accurate, complete or current. The material and analysis on this site is provided for general information only. Any failure to include a model or photographer in our CMAG archives should not be interpreted as any commentary or opinion about that person’s body of work. Cestmagazine does not exist to feature the total work of a creative person.
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Never should Cestmagazine be relied upon or used as the sole basis for making decisions about the veracity of news stories, trends of every kind and the specific work or creative talent of anyone featured on the website without consulting primary, more accurate, more complete or more timely sources of information about the general topic, event or person featured.
Any reliance on the material on this site is at your own risk. This site may contain certain historical information that has not been updated. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, if you are following our analysis of a specific topic.
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6. Certain content, products and services available via our Service may include materials from third-parties including other websites and well-known media sites. Third-party links on this site may direct you to third-party websites that are not affiliated with Cestmagazine.
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We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties either mentioned by Cestmagazine or carrying a hyper-link to their content. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, content, policies and practices should be directed to the third-party.
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7. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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8. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, have your work featured on Cestmagazine or when you cease using our site. As a creative whose work is featured on Cestmagazine, you can terminate this agreement at any time by requesting the removal of images and writing about your work. For any reason, we may remove your creative archives at will.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
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9. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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10. These Terms of Use will be governed and interpreted pursuant to the laws of Virginia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Norfolk, VA in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Norfolk, VA.
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