Terms of Service — fotolush

Terms and Conditions.

Fotolush

Last Updated: February 28, 2024

INTRODUCTION.

Thank you for choosing to visit Fotolush, herein referred to as "Company", "We", "Us", or "Our". The following Terms and Conditions ("Terms") delineate the governing framework for your access, interaction, and use of all features, functionalities, services, content, and offerings presented, facilitated, or offered through our official website, sub-domains, affiliated platforms, and mobile applications (collectively, "the Platform").

Our Platform is designed to provide you with an in-depth understanding of our offerings and operations and to facilitate your interaction, account creation, and engagement with us. By accessing, browsing, registering, or engaging in any form of interaction or transaction on or through our Platform, you willingly and expressly acknowledge, accept, and agree to be bound, without limitation or qualification, by these Terms. Furthermore, you confirm that you possess the legal authority to enter into this agreement, and that you will abide by all of its stipulations.

It is imperative that you read and comprehend these Terms in their entirety before proceeding. If, for any reason, you disagree with or cannot comply with these Terms, we urge you to refrain from using our Platform. Continued use of our Platform signifies your informed consent, agreement, and compliance with these Terms and any future revisions thereof.

In addition to these Terms, you are also bound by our Privacy Policy, which explains our practices concerning the collection, use, and sharing of your personal information. By agreeing to these Terms, you also consent to the data practices stated in our Privacy Policy.

We reserve the right to modify, amend, replace, or terminate these Terms at any point in time, at our sole discretion. It remains your responsibility to periodically review these Terms for any updates or changes. Your continued use of our Platform post any modifications signifies your acceptance of the amended Terms.

USER ELIGIBILITY.

Use of the Platform is intended solely for individuals who are eighteen (18) years of age or older. By accessing, registering, or engaging in any service provided by the Platform, you represent and warrant that you are at least 18 years old and possess the legal capacity to enter into binding agreements.

If you are under the age of 18, you must not use, access, or register on the Platform. We do not knowingly collect, use, or disclose information from individuals under the age of 18. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 on our Platform, we will delete the information from our records.

Furthermore, by using the Platform, you affirm that you meet all eligibility requirements outlined in these Terms and have the right, authority, and capacity to abide by all of the terms and conditions contained herein. It is your responsibility to ensure that your use of the Platform is in compliance with all laws, rules, and regulations applicable to you.

It is our policy to comply with all applicable age restrictions and privacy laws, and we encourage parents or guardians to take an active role in monitoring their children's online activities. If you are a parent or guardian and believe your child under the age of 18 has provided us with personal information without your consent, please contact us immediately.

We reserve the right to request proof of age at any stage so that we can verify that minors under the age of 18 are not using the Platform. In the event that it comes to our knowledge that a person under the age of 18 is using the Platform, we may prohibit and block such users from accessing the Platform and will make all efforts to promptly delete any personal information with respect to such users.

ACCOUNT CREATION.

To participate in the features, functionalities, and services offered through our Platform, users are required to create an account. Account creation is a straightforward process that enables you to access our Platform's full range of services and capabilities. The following stipulations govern the account creation process:

Email and Password Registration: Users opting to create an account via email must provide a valid email address and create a password. The email address you provide will be used as your primary method of communication and for account recovery purposes. Your password must be kept confidential and should not be shared with others. We recommend using a strong, unique password to enhance the security of your account.
Social Media Credentials: Alternatively, users may choose to connect their social media accounts from platforms such as Facebook or Google to create an account. By opting for this method, you authorize us to access and use your social media account information solely for the purposes of account creation on our Platform. Please be aware that the information we can access is governed by the privacy settings and policies of the social media platform as well as the permissions you grant during the authentication process.
Account Responsibility: You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities or actions. Should any unauthorized use of your account or security breach occur, it is your responsibility to inform us immediately.
Accuracy of Information: It is imperative that the information you provide during the account creation process is accurate, current, and complete. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account.
Verification: We reserve the right to verify the information provided during the account creation process. This may include but is not limited to, email, phone number, and social media authentication. Failure to comply with verification requests may result in delays in account creation or the denial of access to the Platform.

Limitation on Multiple Accounts: To ensure fairness and to prevent abuse of our promotional offers, including the initial offer of 5 free credits upon account creation, each user is limited to a single account on our Platform. Creating multiple accounts for the purpose of obtaining additional free credits or exploiting promotional offers is strictly prohibited. We may employ sophisticated measures to detect and prevent fraudulent account activity, including but not limited to the analysis of IP addresses, device identifiers, and other techniques to identify multiple accounts created by a single user. In the event that we determine a user has created multiple accounts to circumvent our promotional offer limitations or for any other fraudulent purpose, we reserve the right to take appropriate action. This may include, but is not limited to, the suspension or termination of all associated accounts and the forfeiture of any credits or benefits obtained through such actions.

By creating an account, you agree to comply with these provisions and affirm that the information provided is true, accurate, and complete. The security and privacy of your account information are of utmost importance to us, as detailed in our Privacy Policy.

USER CONTENT.

Ownership and Responsibility: As a user of our Platform, you may upload, send, receive, and store content, including but not limited to text, photos and other materials (collectively, "User Content"). You retain all rights and ownership of your User Content. You are solely responsible for the User Content and the consequences of posting or publishing it.

Grant of License: By uploading or submitting any content, including images and instructions (collectively, "User Content"), to the Platform, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, and display the User Content solely for the purpose of providing the services offered by the Platform. This includes the necessary processing and modification of User Content to fulfill your specific requests for our services, such as image retouching.

Content Standards and Compliance: Your User Content must comply with all applicable laws, rules, and regulations, and must not:

Infringe any intellectual property rights, privacy rights, or other proprietary rights of others.
Contain any defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Violate any legal or ethical standards, promote illegal activities, or otherwise create liability for us or harm to other users.

Review and Removal of Content: We have the right, but not the obligation, to review, screen, edit, or remove any User Content at our sole discretion. We may remove User Content that we determine, in our sole discretion, violates these Terms, our policies, or is otherwise objectionable.

Representations and Warranties:

You own the User Content posted by you on the Platform or otherwise have the right to grant the license set forth in these Terms.
The posting and use of your User Content on the Platform does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Indemnification: You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, agents, employees, and partners from any claim or demand made by any third party due to or arising out of your User Content, your use of the Platform, your connection to the Platform, your violation of these Terms, or your violation of any rights of another.

PROHIBITED CONDUCT.

Scope of Prohibited Conduct: In using our Platform, certain behaviors and actions are strictly prohibited. These prohibitions are in place to maintain the integrity of our Platform, ensure a safe and respectful environment for all users, and comply with legal and ethical standards. Engaging in any of these prohibited activities may result in the immediate termination of your account and access to our services, legal action, or both. Specific prohibited activities include:

Illegal Activities: Engaging in any illegal activities or conduct, or encouraging, promoting, or facilitating others to do so, is strictly forbidden. This includes, but is not limited to, involvement in criminal activities, fraud, and intellectual property infringement.
Abusive or Harmful Behavior: Harassing, bullying, threatening, defaming, or otherwise harming other users or third parties, either directly or indirectly, is not tolerated.
Misrepresentation and Impersonation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person, entity, or the Platform, is prohibited.
Unauthorized Access and Interference: Unauthorized access to or use of the Platform, including attempting to probe, scan, or test the vulnerability of a system or network, or breaching security or authentication measures, is not allowed. Additionally, interfering with or disrupting the Platform or servers or networks connected to the Platform, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Platform, is prohibited.
Dissemination of Harmful Content: Distributing viruses or any other technologies that may harm the Platform or the interests or property of the Platform users is strictly forbidden.
Inappropriate Content: Posting or transmitting any content that is illegal, obscene, threatening, libelous, infringing of intellectual property rights, invasive of privacy, or otherwise injurious or objectionable is not permitted.
Exploitation and Abuse: Exploiting or abusing the Platform for any unauthorized commercial purpose, or any use that is contrary to the Platform’s purpose and mission, is not allowed.
Spam and Disruption: Engaging in spamming, flooding, or creating an undue burden on the Platform or its users is prohibited.
Data Mining and Harvesting: Utilizing any automated systems, including but not limited to "robots," "spiders," or "offline readers," to access the Platform in a manner that sends more request messages to the Platform servers than a human can reasonably produce in the same period using a conventional web browser, is forbidden.
Violation of Laws and Regulations: Violating any local, state, national, or international law or regulation applicable to your use of the Platform.

Enforcement and Reporting: We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform. We also reserve the right to terminate or suspend your access to the Platform for any violation of this Prohibited Conduct provision. If you become aware of any violation of these Terms, please report it to us immediately via our Contact Us information.

AMENDMENTS.

Policy of Amendments: At Fotolush, we reserve the right to update, modify, amend, or otherwise alter these Terms and Conditions (the "Terms") at any time. Such amendments are essential to reflect changes in our services, market conditions, legal requirements, or other factors affecting our business operations.

Notice of Amendments:

Publication: Any amendments will update the "Last Updated" date at the beginning of the Terms to reflect the date of the latest revision.
Direct Notification: Where feasible and appropriate, we may also provide additional notice of significant changes through direct communication channels, such as email or in-platform notifications.

Review of Amendments: It is your responsibility as a user to review the amended Terms periodically. We encourage you to frequently check this page for any changes to stay informed about how we are protecting the personal information we collect.

Acceptance of Amendments: Continued use of the Platform after any such changes constitutes your consent to and acceptance of the revised Terms. If you do not agree to the amended Terms, your sole recourse is to cease using the Platform.

Scope and Application of Amendments:

Prospective Effect: Amendments will be effective immediately upon their posting on the Platform unless specified otherwise. Only the current version of the Terms is binding, and previous versions are provided for reference only.
Binding Nature: By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform.

Open Channel for Feedback: We welcome and encourage feedback on our Terms. If you have any questions or comments about these changes, please contact us as detailed in the 'Contact Us' section.

Consideration of User Input: While we are under no obligation to make adjustments based on user feedback, we will consider all reasonable suggestions that help us improve the clarity and effectiveness of our Terms.

PAYMENT TERMS AND REFUND POLICY.

Credit Purchase and Use: Our Platform offers services through a credit-based system. Upon account creation, each user is initially awarded 5 free credits as a welcome gesture, allowing you to explore and utilize our services. Beyond these complimentary credits, you may purchase additional credits to continue enjoying our services. Credit packages are available for purchase in increments of 5, with a minimum purchase of 5 credits and a maximum of 50 credits per transaction.

Pricing: The cost of each credit is $_____. Prices are subject to change at our discretion without prior notice. However, any price changes will not affect credits already purchased. We will provide clear information on the current price of credits at the point of purchase on our Platform. Users have the flexibility to select credit packages that best suit their needs within the specified price range.

Payment Method: Payments for credit purchases can be made through our Platform using various payment methods, including credit card, PayPal, or other accepted payment processors. By submitting your payment information, you authorize us to charge the selected payment method for the total amount of your purchase. It is your responsibility to ensure that sufficient funds are available and that your payment information is current and accurate.

Refund Policy: All purchases of credits are final and non-refundable. Given the digital nature of the credits and the immediate access provided upon purchase, we do not offer refunds or credits for any purchased credits, including any unused credits. However, in the rare event of a service failure or error on our part that affects your ability to use purchased credits, we may, at our discretion, issue a refund or credit to your account. We encourage users to carefully consider their purchase decisions and to utilize the initial free credits to familiarize themselves with our services before making any purchases. If you encounter any issues with your credit purchase or have concerns regarding our services, please contact our customer support for assistance.

Changes to Payment Terms and Refund Policy: We reserve the right to modify these Payment Terms and Refund Policy at any time. Such changes will be effective immediately upon posting on our Platform. Your continued use of our services after any such changes have been made constitutes your acceptance of the new terms.

PRIVACY.

Commitment to Data Privacy: At Fotolush, we are committed to protecting the privacy and security of our users' personal information. This Privacy provision outlines our practices regarding the collection, use, and disclosure of your information when you use our Platform and supplements our comprehensive Privacy Policy.

Integration with Privacy Policy: Our detailed Privacy Policy, which can be accessed here, forms an integral part of these Terms and Conditions. By agreeing to these Terms, you also acknowledge and agree to the terms outlined in our Privacy Policy.

Collection of Information: We collect information about you in various ways when you use our Platform. This includes information you provide directly, information collected automatically through your use of our services, and information obtained from third-party sources.

Use of Personal Data: The personal information collected is primarily used to provide and improve our services, communicate with you, and enhance your experience on our Platform. It may also be used for security purposes, to comply with legal obligations, and for other purposes as outlined in our Privacy Policy.

Sharing and Disclosure: We may share your information with third-party service providers who perform services on our behalf, in compliance with our Privacy Policy and in adherence to the applicable data protection laws. We do not sell personal information to third parties.

Data Security and Retention: We implement a variety of security measures to maintain the safety of your personal information and retain your personal data only for as long as necessary for the purposes outlined in our Privacy Policy and as required by applicable law.

User Rights and Choices: You have certain rights regarding the personal information we hold about you, as detailed in our Privacy Policy. This includes the right to access, correct, or delete your personal information, subject to certain limitations.

Updates to Privacy Practices: Our Privacy Policy may be updated periodically to reflect changes in our practices, technology, or legal requirements. We encourage you to review our Privacy Policy regularly to stay informed about how we are protecting your information.

Contact and Queries: If you have any questions or concerns about our privacy practices or this Privacy provision, please contact us as detailed in our Privacy Policy.

Acceptance of Privacy Terms: By accessing or using our Platform, you signify your agreement to the terms of our Privacy Policy. If you do not agree with these terms, please do not access or use our Platform.

DISCLAIMER.

"AS IS" BASIS OF SERVICE: Fotolush PROVIDES ITS PLATFORM AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS DISCLAIMER PROVISION OUTLINES THE NATURE AND EXTENT OF OUR LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF OUR PLATFORM AND SERVICES.

No Warranties Provided: WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

No Guarantee on Accuracy: WHILE WE ENDEAVOR TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE PLATFORM OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

Disclaimer of Liability: We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service.

By using our Platform, you acknowledge and agree that the entire risk arising out of your use of the Platform remains solely with you, to the maximum extent permitted by law.

LIMITATION OF LIABILITY.

Scope of Liability: This Limitation of Liability provision sets forth the extent of Fotolush's responsibility and liability in relation to your use of our Platform and services. Our commitment is to provide a quality service, yet there are inherent limitations for which we cannot be held liable.

General Limitation: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fotolush, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

User Content Security: We take reasonable steps to secure User Content transmitted to our Platform and through our services. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your User Content for improper purposes. You acknowledge that you provide your User Content at your own risk.

Service Errors: While we strive for accuracy in the services provided, errors or misinterpretations in retouched content can occur. We are not liable for any claim, injury, or damage arising from such errors or the resulting interpretation or use of the retouched content.

Cap on Liability: UNDER NO CIRCUMSTANCES WILL Fotolush'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Fotolush IN THE LAST SIX MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Acknowledgement and Agreement: Your use of the Platform signifies your agreement to this Limitation of Liability. You agree that these limitations of liability are a fair and reasonable allocation of risk and are an essential element of the basis of the bargain between you and Fotolush.

DISPUTE RESOLUTION.

Objective and Scope: This Dispute Resolution provision is intended to provide a fair, efficient, and effective process for resolving any disputes, claims, or controversies that may arise between you and Fotolush related to your use of our Platform and services.

Informal Resolution: Before initiating formal dispute resolution proceedings, we encourage users to contact us directly to seek an informal resolution. This can often lead to a faster, less adversarial, and less costly resolution than a formal legal process.

Mandatory Arbitration Agreement:

Agreement to Arbitrate: You and the Company agree that any disputes or claims relating in any way to your use of the Platform will be resolved through final and binding arbitration, rather than in court.
Arbitration Procedures: The arbitration will be conducted by a neutral arbitrator in accordance with the applicable arbitration rules, which will govern the procedure and fees involved.
Waiver of Jury Trial and Class Actions: BY AGREEING TO ARBITRATION, BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, BOTH PARTIES AGREE THAT ANY CLAIMS WILL BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Exceptions to Arbitration Agreement: Disputes related to the infringement or enforcement of the Company’s intellectual property rights, or any claim for injunctive relief, may be brought in a court of competent jurisdiction without first undergoing arbitration.

Governing Law: The arbitration will be governed by the laws of the jurisdiction as specified in the "Governing Law and Jurisdiction" provision of these Terms and Conditions.

Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Confidentiality of Proceedings: All aspects of the arbitration proceedings, including but not limited to the decision and award of the arbitrator, will be strictly confidential.

Modification of Dispute Resolution Provision: The Company reserves the right to modify this Dispute Resolution provision, but any such modifications will not apply to disputes of which the Company had notice on or before the date the modification is published on the Platform.

By using the Platform, you acknowledge that you have read and understood this Dispute Resolution provision, and you agree to be bound by its terms.

GOVERNING LAW AND JURISDICTION.

Scope and Application: This Governing Law and Jurisdiction provision outlines the legal framework and jurisdictional authority that will govern the Terms and Conditions of Fotolush's Platform.

Governing Law: The Terms and Conditions, including this Governing Law and Jurisdiction provision, and any dispute, claim, or controversy arising out of or in connection with these Terms and Conditions, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law principles.

Jurisdictional Authority: Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Legal Compliance: You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations applicable to your use of the Platform and your purchase of products or services through the Platform.

Binding Effect: This provision will be binding upon and will inure to the benefit of the parties to these Terms and Conditions and their respective successors and assigns.

Dispute Resolution Consistency: Any dispute resolution proceedings, whether in arbitration or court, will be conducted solely on an individual basis and not in a class, consolidated, or representative action. This Governing Law and Jurisdiction provision is consistent with and subject to the Dispute Resolution provision of these Terms and Conditions.

Legal Effectiveness: If any provision of these Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in these Terms and Conditions shall continue in full force and effect.

By using the Platform, you acknowledge that you have read, understood, and agree to this Governing Law and Jurisdiction provision and submit to the exclusive jurisdiction of the courts located in New York for the resolution of any disputes.

INDEMNIFICATION.

Scope and Purpose of Indemnification: This Indemnification provision outlines your agreement to compensate Fotolush for certain claims, damages, liabilities, costs, and expenses. It is a critical component of our Terms and Conditions, designed to protect our company, directors, officers, employees, agents, affiliates, and licensors from undue legal and financial burdens.

Agreement to Indemnify: You agree to indemnify, defend, and hold harmless the Company and its directors, officers, employees, agents, affiliates, licensors, and service providers (the “Indemnified Parties”) from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising out of or related to your use of the Platform, your violation of these Terms and Conditions, or your violation of any rights of another.

Covered Claims: This indemnification covers, but is not limited to, claims involving:

Breach of these Terms and Conditions.
Violation of any law or the rights of a third party.
Any User Content you post or share on or through the Platform.
Your use of or conduct on the Platform.
Any interaction between you and another user of the Platform, including, without limitation, any disputes or legal claims.

Defense and Control of Claims: In the event of any claim for which indemnity is or may be sought under these Terms, we reserve the right, at our own expense, to assume the exclusive defense and control of such claim. Your obligation to indemnify remains in effect regardless of whether we choose to defend the claim directly.

Cooperation: You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations under this provision. Your failure to provide full cooperation may compromise the defense of the claim.

Notification: You must notify the Company promptly of any third-party claims, cooperate with the Company in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including attorneys' fees). You shall not settle any third-party claim or waive any defense without our prior written consent.

Limitation on Indemnification: Indemnification hereunder shall be limited to direct, out-of-pocket damages, excluding any consequential, indirect, punitive, or exemplary damages.

Survival: This indemnification provision will survive the termination or expiration of these Terms and Conditions and your use of the Platform.

By using the Platform, you acknowledge and agree to these indemnification obligations, which are intended to provide a comprehensive mechanism for the Company’s protection against legal and financial liabilities.

SEVERABILITY.

Purpose and Scope: The Severability provision in these Terms and Conditions is intended to ensure that if any part of these Terms is found to be unenforceable or invalid under applicable law, such unenforceability or invalidity will not render the entire Terms unenforceable or invalid as a whole. This provision outlines the process for handling such instances.

Severability of Terms: If any provision of these Terms and Conditions, or the application thereof to any person, place, or circumstance, is held to be invalid, unenforceable, or void, such provision shall be enforced to the fullest extent permissible under applicable law, and the remainder of these Terms and Conditions and such provisions as applied to other persons, places, and circumstances shall remain in full force and effect.

Adjustment of Invalid or Unenforceable Provisions: In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Reformation of Clauses: To the extent that any provision of these Terms and Conditions is deemed unenforceable, the unenforceable provision shall be reformed only to the extent necessary to make it enforceable.

Continued Validity: The invalidity or unenforceability of any provision of these Terms and Conditions in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction, nor shall it affect the validity or enforceability of the remainder of these Terms and Conditions in any jurisdiction.

Acknowledgment of Severability: By using the Platform, you acknowledge and agree to the terms of this Severability provision, understanding that each provision of these Terms and Conditions shall be considered separable, and the unenforceability of one provision shall not affect the enforceability of any other provision.

INTELLECTUAL PROPERTY.

Ownership of Platform Content: All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fotolush or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Platform is the exclusive property of Fotolush and is also protected by U.S. and international copyright laws.

Trademarks and Trade Dress: The trademarks, service marks, logos, and trade dress of Fotolush (collectively, the "Trademarks") used and displayed on the Platform are registered and unregistered Trademarks of Fotolush and are protected under U.S. and international trademark laws. Nothing in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the prior written permission of Fotolush.

User Content: Users may upload, store, or transmit their own intellectual property on the Platform. By doing so, users represent and warrant that they own or have the necessary licenses, rights, consents, and permissions to use and authorize Fotolush to use such content as necessary to fulfill the services of the Platform.

Prohibited Use of Intellectual Property: You may not use, reproduce, duplicate, copy, sell, resell, access, modify, or otherwise exploit our intellectual property or that of third parties for any commercial or unauthorized purpose without express written consent from Fotolush or the appropriate third party.

Infringement Notifications: If you believe that your intellectual property rights have been infringed upon by our Platform, please notify us immediately. Fotolush respects the intellectual property of others and will respond promptly to notices of alleged infringement.

Intellectual Property Complaints: Fotolush adheres to the intellectual property laws and industry best practices in order to protect all rights holders and their works. Alleged infringements will be investigated and appropriate actions will be taken under applicable intellectual property laws.

No Waiver of Rights: No failure or delay by Fotolush in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of such right or remedy.

ENTIRE AGREEMENT.

Incorporation of Documents: These Terms and Conditions incorporate by reference all notices, policies, disclaimers, and other terms contained on the Platform, including but not limited to our Privacy Policy, Disclaimer, and Intellectual Property provisions. This includes any agreements or policies that are mentioned within these Terms and Conditions and made accessible via hyperlinks.

Superseding Effect: These Terms and Conditions, along with any documents, policies, or terms they incorporate by reference, constitute the entire agreement between you and Fotolush and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and the Company with respect to the Platform.

No Reliance on Other Representations: You acknowledge that in entering into this agreement, you have not relied on any statement, representation, assurance, or warranty (whether made negligently or innocently) other than as expressly set out in these Terms and Conditions.

Amendment Restriction: No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of Fotolush or posted on the Platform by the Company.

Conflict Resolution: In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: (1) the specific provisions of the document that is most recent in time; (2) these Terms and Conditions.

Acknowledgement and Acceptance: By using the Platform, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by their terms. Furthermore, you agree that these Terms and Conditions are the complete and exclusive statement of the agreement between you and Fotolush, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Company relating to the subject matter of these Terms.

HEADINGS.

Organizational Tool: The headings, titles, and captions used in these Terms and Conditions are intended solely for convenience and ease of reference. They are not to be considered a part of these Terms, nor are they to be deemed to affect the meaning or interpretation of these Terms and Conditions.

No Legal Effect: The inclusion of headings in these Terms and Conditions is for organizational purposes only and shall not affect the construction or interpretation of any provision in these Terms. Headings are not to be considered a substantive part of these Terms and Conditions.

Assistance in Understanding: These headings are provided to help quickly identify and locate various provisions of these Terms and Conditions. They are not intended to comprehensively describe the content of the respective sections.

Non-Binding: Any failure to mention a particular aspect of the subject matter in a heading, or any error in a heading, does not bind, limit, or otherwise affect the content of the relevant section or the application of the provisions described therein.

Consistency Across Documents: Where these Terms and Conditions reference other documents or policies, including but not limited to the Privacy Policy or any amendment thereto, the use and interpretation of headings in those documents shall be consistent with the provisions of this Headings section.

By using the Platform, you acknowledge and agree that the headings used throughout these Terms and Conditions are for reference purposes only and do not affect the meaning or interpretation of the content contained within each section.

CONTACT US.

Availability for Inquiries: If you have any questions or concerns regarding these Terms and Conditions, our Platform, or any related services, please reach out to us through email at support@fotolush.com. We aim to respond to all inquiries within 48 hours during business days.

Online Contact Form: Access our contact form on the Platform for an efficient way to send us your queries or feedback. This form can be found in the 'Contact Us' section on our website.

Response Time: We are committed to responding to all communications as promptly as possible. Our typical response time is [specify time frame], but this may vary depending on the nature and complexity of your inquiry.

Customer Service Standards: Our customer service team is trained to provide accurate and helpful information. We strive to ensure that your interactions with us are satisfactory and your concerns are addressed effectively.

Feedback and Suggestions: We welcome and encourage your feedback or suggestions about our Platform and services. While we may not be able to implement every suggestion, we appreciate your input and aim to use it to improve our offerings.

Confidentiality and Privacy: All communications with us will be handled in accordance with our Privacy Policy, ensuring the confidentiality and security of your information.