Table of Contents
- Use of our Services
- Your Creator Content
- Content Moderation and Enforcement
- Your Rights with Respect to our Services
- Proprietary Rights
- Paid Services
- Third-Party Links
- No Warranty
- Limitation of Liability
- Term and Termination
- Informal Claim Resolution
- Arbitration Agreement
- Acknowledgment of Image Recognition Technology
We nurture creative experimentation and make the aspirational achievable. At VSCO, we believe that there’s a creative spark within all of us and that everyone, at heart, is a creator. Welcome to the VSCO community!
We’ve removed as much legal language as possible to make it easier for you to understand your rights and obligations regarding our Services. Since these Terms (which include our Community Guidelines) form a binding legal agreement between you and VSCO, however, we included necessary legal language in certain provisions. Please read these Terms carefully.
By using our Services, you agree:
- to follow the Community Guidelines at all times while accessing or using our Services;
- that we have the sole discretion to investigate and determine whether someone has violated our Community Guidelines and to what extent we enforce our Community Guidelines, including when to terminate Creators’ VSCO accounts and remove Creator Content (defined below); and
We respect and value the intellectual property rights of others and comply to the fullest extent with the Digital Millennium Copyright Act of 1998 (“DMCA”). You can notify us and request removal of your copyright protected work via the form provided in our DMCA Policy (incorporated into these Terms).
Subscription Notice: If you purchase a Subscription, your Subscription will continue for the time period you selected at purchase. Your Subscription will automatically renew for similar time periods at our then-current fees, unless you decide not to renew. If you terminate your VSCO account, this will not automatically cancel your Subscription. You can cancel your Subscription or opt out of any renewal by following the steps described here and in our Help Center.
Arbitration Notice: These Terms describe how disputes between you and VSCO will be resolved. With limited exceptions, disputes must first be resolved through an informal claims resolution process as described in Section 13 below. If disputes are not resolved through such informal process, they must be submitted to binding and final arbitration. You may pursue claims and seek relief against us only on an individual basis, and not as a representative plaintiff or class member in any class action. You also waive your right to resolve claims in court proceedings and to a jury trial, except in specific cases. You may opt out of the Arbitration Agreement as explained below in more detail.
1. USE OF OUR SERVICES
There are some ground rules you must follow that are intended to protect the VSCO community. If you do not agree to these Terms, then you can choose to not use our Services.
Service Rules. Be reasonable and responsible. Don’t do anything that is illegal or could harm our Creators, VSCO, or our Services. When using our Services, you are responsible for your interactions with others. For example, don’t do the following while using our Services:
- Harm others (including impersonating or violating another’s rights or collecting anyone else’s personal information; sending spam, chain letters, or other unsolicited communications);
- Use, copy, make derivatives of, distribute or exploit our Services or any content available through our Services for any commercial or competitive purpose (including “scraping” to gather information or content; decompiling or reverse engineering our Services; framing or using similar techniques to include any VSCO Marks or our Services; training any artificial intelligence models on Creator Content; uploading content you receive through our Services (including Creator Content) into any artificial intelligence tools (including generative AI), bots, software, or other external applications, or framing or hotlinking to our Services or any other person’s Creator Content, or otherwise hosting our Services or any other person’s Creator Content on another site, in each case, other than your own and without the prior written consent of VSCO);
- Attempt any technological attack (including accessing information regarding our Services’ underlying infrastructure; causing a large load on our infrastructure, such as through “robots,” “spiders,” and other automated systems; interfering with our Services; bypassing measures we use to restrict access to our Services; accessing or deciphering any unauthorized content or transmissions; or uploading viruses, worms, or other harmful agents); or
- Use our Services for any fraudulent purpose or purpose prohibited by these Terms, including our Community Guidelines, or any laws.
Eligibility. You must be at least 13 years old to use our Services and legally agree to and comply with these Terms. If your VSCO account or access to our Services is discontinued by us due to your violation of these Terms, you may not access or use our Services. This includes re-registering with us or accessing our Services through use of a different account name or otherwise.
VSCO Account. To access our Services, you’ll need to create your own VSCO account (“Account”). You can customize your Creator profile and your interactions with our Services on your “Account Settings” page. When creating your Account, you must:
- provide and keep updated accurate and complete information;
- keep your Account secure (don’t give others access and use strong and secure passwords);
- notify us immediately of any unauthorized use of your Account; and
- not use another person’s Account without permission.
Account Ownership. Aside from the rights you have in your content as described below, your Account is owned by VSCO, which means you have no ownership or other rights in or to your Account.
Third-Party Accounts. You can register your Account using a valid third-party account (a “Third-Party Account”) through a social sign-on option and by providing us access to such Third-Party Account. If a Third-Party Account or associated service becomes unavailable, or our access is terminated by you or the third-party service provider, then your Account and your content in such Third-Party Account will no longer be available through our Services. We aren’t responsible for any content or personal information such third-party service provider may provide us that are in violation of your privacy settings for such accounts.
Interactions with Other Creators and Their Creator Content. You are solely responsible for your interactions with other Creators and Creator Content. We are not liable for any interactions between you and other Creators or Creator Content.
Changes to Our Services. We reserve the right to change our Services, including the availability of certain features and the pricing for our Services, at any time at our sole discretion.
2. YOUR CREATOR CONTENT
We are a creator-centric platform and we respect creator rights to the content you and others create. These Terms provide us certain license rights to the content you create, post, or distribute on our Services so we can provide and promote our Services and business (for example, feature your content on our website, our VSCO Collection, and/or in VSCO Challenges or share on our social channels) to you and others. You are responsible for your content and actions on our Services. Be respectful and responsible.
Creator Content. Our Services allow Creators to post, publish, submit, upload, share, or otherwise make available on our Services content, such as profile pictures, data, photos, images, music, videos, comments, questions, messages, works of authorship and other content or information, and you may also provide similar content as a part of our Member Stories or Creator Sessions programs, or similar programs involving the promotion or featuring of Creators (all of which we refer to as “Creator Content”). You own your Creator Content.
License You Grant to Us. By using our Services, you grant us a royalty-free, sublicensable, non-exclusive, worldwide license to use, reproduce, modify, publish, translate, distribute, publicly perform, publicly display, and make derivative works of your Creator Content, including the name, image, voice, and/or likeness of any individual included in your Creator Content, in whole or in part, and in any form, media or technology, whether now known or developed in the future, in connection with our Services and our business. By submitting your Creator Content to any forums, comments, or any other area on our Services, you consent to us identifying you by your VSCO username (which may be a pseudonym) in connection with your Creator Content. You waive any moral or other author’s rights you may have in connection with any of these uses of your Creator Content.
License Grant to Other Creators. You grant each Creator a non-exclusive license to access your Creator Content through our Services and to use, reproduce, distribute, display, make derivative works of, and perform such Creator Content as permitted by our Services and this Agreement, solely for non-commercial purposes. No Creator is granted any rights to use another Creator’s Creator Content, in any manner, for commercial purposes.
Anti-Piracy Enforcement. VSCO strives to be a place where creativity flourishes. To that end, we’re committed to protecting the intellectual property of VSCO and our Creators. To enable this protection, you authorize VSCO and our anti-piracy service providers (such as law firms) as your agents for the purpose of enforcing your intellectual property rights in your Creator Content, through notice and takedown processes (under applicable laws like the DMCA) and for other efforts to enforce those rights. You grant VSCO and our anti-piracy service providers authority to send or file notices on your behalf to enforce your intellectual property rights in your Creator Content and understand that we are not obligated to take such action.
Creator Promotion. If you participate in our Member Stories or Creator Sessions or similar programs involving the promotion or featuring of Creators (all of which, we refer to as “Creator Promotion”), you grant us the right and license to use the trade names, trademarks, service marks, publicity rights, privacy rights, persona, performance, recordings, biographical information, indicia of identity, and logos associated with you, as well as any of your Creator Content, in connection with your Creator Promotion.
No Storage. We aren’t obligated to store any of your Creator Content posted to our Services. If your Account is closed, inactive, or suspended for an extended period of time, we may permanently delete your Account or your Creator Content in accordance with our general business practices.
3. CONTENT MODERATION AND ENFORCEMENT
Community Guidelines. Follow our Community Guidelines at all times. Don’t post, share, or distribute your Creator Content or take any action using our Services that violate our guidelines or your Account may be temporarily or permanently suspended, and/or your Creator Content may be deleted. We have the right to remove any Creator Content that we believe, in our discretion, violates these Terms or our Community Guidelines, or is otherwise inappropriate for our Services. In some cases, we also have an obligation to report any content or conduct that is illegal to the appropriate authorities.
Rights and Permissions. If you post, share, or distribute any Creator Content, you represent and warrant that you have all necessary rights and permissions in your Creator Content for it to be used in accordance with these Terms without violating the rights of others, including all necessary rights and permissions under any: (a) performance, mechanical, and sound recording rights in musical compositions and sound recordings included in your Creator Content; (b) rights of privacy or publicity with respect to the name, image, and likeness of any individual included in your Creator Content; and (c) moral, droit moral, or authors rights to works of authorship included in your Creator Content. All Creator Content is subject to our DMCA Policy.
Responsibility for Your Creator Content. You are solely responsible for your Creator Content and any issues that may result from your posting of your Creator Content. You acknowledge that Creator Content you post on our Services is public and can be seen and used by us and others, unless otherwise allowed by our Services. We have no obligation to review or monitor your Creator Content.
Content Moderation. We support the freedom of our Creators to express themselves, and, as a result, do not conduct generalized monitoring of all Creator Content. However, we may use tools to proactively detect certain content. For example, we use classifiers to proactively detect illegal content and content that violates our policies, including as set forth in our Community Guidelines. Creators can report Creator Content posted by other Creators. More information on our reporting and enforcement process is available on our Safety Center.
Recommender Systems. We use recommendation systems to suggest Creators who we think you are likely to follow based on who you already follow, to present Creator Content that we think you would be inspired by, and to recommend presets and other editing tools for a specific piece of content. No third party information is taken into consideration in populating this system. Our “For This Photo,” “For This Video,” and related content recommenders are based on a generic machine learning model that analyzes the pixels within content and generates certain keywords that are likely to represent the content in order to recommend presets you might want to apply or other content you may wish to view.
Suspensions. If we suspend your account due to a violation of these Terms, including our Community Guidelines, this action will be permanent, unless and until you make a successful appeal.
4. YOUR RIGHTS WITH RESPECT TO OUR SERVICES
You have a limited right to use our Services on your devices. From time to time, we may also give you access to Beta Services (defined below).
VSCO Services. Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, freely revocable license to use our Services on your devices for your personal and internal use only as intended and as allowed by our Services. To use our websites or mobile apps, you must have a compatible device. We may from time to time require you to upgrade your version of our mobile app. In all instances, we (or our third-party partners) keep all right, title, and interest in our websites and mobile app (including all copies).
Beta Services. We may offer certain Services that allow you to access and use certain features, technologies, and/or services that are not yet commercially released, including demonstrations and previews of pre-alpha or beta products (collectively, our “Beta Services”). You have a limited license to use any Beta Services we make available to you, which will automatically terminate upon the release of a generally commercially available version of the Beta Services or whenever we determine (“Beta Period”). We may revoke or modify access to any Beta Services at any time for any reason. Our Beta Services (including any information or data about or relating to them), and your beta test results or feedback are our confidential information (our “Beta Confidential Information”). If you use any of our Beta Services, you agree: (a) to keep all Beta Confidential Information strictly confidential; (b) not to use any such information for your own use or for any purpose outside of those allowed by us, and (c) to promptly delete and destroy all such information, upon our request or upon expiration of any Beta Period.
5. VSCO’S PROPRIETARY RIGHTS
We own rights in and to all of our VSCO Property and VSCO Marks. Do not use these without our permission. Also, if you give us ideas related to our Services or business, you grant us the right to use them, including incorporating them into our Services and business.
VSCO Property. Except for Creator Content, our Services and all associated materials and intellectual property rights, including software, images, text, photos, audio, videos, music and VSCO Marks (“VSCO Property”) are our or (our licensors’) exclusive property. To be clear, other Creators own their own Creator Content, and you own your Creator Content. Except for the specific licenses we grant you under these Terms, we are not providing or granting you licenses to any intellectual property rights. Use of VSCO Property for any purpose not specifically allowed by these Terms is strictly prohibited. Visual Supply Company, VSCO, and all related graphics, logos, service marks and trade names used on or in connection with our Services (“VSCO Marks”) are our trademarks.
Feedback. You may choose to, or we may invite you to submit feedback, comments, suggestions, or improvements about us, our Services, our Beta Services, or our other products or services (“Feedback”), such as by participating in a voluntary creator research discussion. If you choose to participate or otherwise provide Feedback, you grant us a royalty-free, sublicensable, non-exclusive, worldwide license to use or otherwise legally exploit any Feedback as we see fit without restriction. You agree to keep all information about VSCO (such as our future product plans) that you may receive in connection with any research discussion strictly confidential and, if asked, to return or delete all such confidential information. We may record you during the research discussion to save time and to better understand your Feedback. You give us consent to record your image, voice, likeness and activities during your participation in the research discussion through photographs, videos, audio recordings, written notes, and/or any other method. You agree that VSCO exclusively owns such recordings and is free to use them for research, development, or other similar purposes without restriction. If we wish to use your name or likeness for any external marketing purposes, we will ask for your consent at that time.
6. PAID SERVICES
Certain products or services offered on or through our Services, such as presets, features, and storage of Creator Content, may be provided for a fee or other charge, such as a VSCO membership (each a “Subscription”). If you purchase a Subscription, it will automatically renew until it is canceled by you. As a part of our Services, we may also offer monetization products or services, including the ability to allow certain Creators to exchange payments with others on our platform.
Fees. You agree to pay all fees or charges to your Account according to the billing terms in effect at the time a fee or charge is due. You may download or purchase our Services from an approved third-party mobile application store or website (“App Marketplace”). We may add new products and services for additional fees or change fees for existing products and services at our discretion. Any changes to our prices and billing methods will be effective immediately upon posting of a notice on our Services or by email delivery to you. Any increased fees for existing Subscriptions will apply only to future charges beginning on your next billing period.
Payment. You may need to provide us, our third-party payment service provider, or the App Marketplace with valid credit card information, PayPal account, or other permitted payment method (“Payment Information”). You authorize us, our third-party payment service provider, or the App Marketplace to charge your Payment Information for all amounts due and payable for the products and services you purchase from us. Upon your Subscription renewal, if we, our payment processor, or the relevant App Marketplace does not receive payment via your Payment Information, you agree to pay all amounts due on your Account upon request. We or the App Marketplace may either cancel or suspend your Subscription and continue to attempt to charge your Payment Information until payment is processed.
Automatic Subscription Renewals. Subscription fees will be billed by us or the App Marketplace at the start of your Subscription or at the end of any free trial period (as applicable), and will renew in accordance with the Subscription terms you selected at purchase. The timing of billing may change at any time. After your initial or subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional similar period at our then-current price. Your Account will continue to be charged for automatic renewals (even if you terminate your Account), unless you cancel your Subscription prior to the Renewal Commencement Date .
Canceling Your Subscription. You can cancel your Subscription or opt out of any auto-renewal of your Subscription at any time in the manner described at the link here. Cancellation of your Subscription will be effective at the end of your then-current Subscription term, and your Subscription will not be renewed after your then-current Subscription term. You will not be eligible for a refund for any prorated fees you paid for the then-current Subscription term.
Free Trials. Certain Subscription offers may include a free trial prior to processing any charges. We will communicate the trial period to you via our Services. If you decide to cancel your Subscription before we attempt to charge your authorized payment method, you must cancel your Subscription before the free trial ends. If you do not cancel before this time, you are responsible for payment for the full Subscription period.
App Marketplace Refunds. Instructions on how to cancel a free trial, cancel an active Subscription, or request a refund for your Subscription from Apple, Google or other App Marketplace are provided here. We do not control and are unable to provide refunds for Subscriptions purchased through App Marketplaces.
Payment Service Provider. All financial transactions related to our Services will be processed by our third-party payment service provider for online payments, or by the App Marketplace or its third-party payment service provider, in each case according to their respective terms and conditions. We aren’t responsible in any event for the actions or inactions of the App Marketplace or any third-party payment service provider, including system downtime or payment service outages, and any billing and fee disputes may require resolution between you and the App Marketplace or applicable third party directly.
Monetization Features. From time to time, our Services may provide monetization products or features, including products or features that enable eligible Creators to exchange payments with others on our platform and/or allow Creators or third parties to engage Creators for creative services. These features, their usage, and the payment and receipt of such amounts will be governed by any supplemental terms that we update or provide from time to time.
Taxes. We, or the App Marketplace, may charge you, and you agree to pay, for any fees and applicable taxes related to your Account or your use of our Services. If we determine we have a legal obligation to collect applicable taxes from you, we will collect them in addition to your Subscriptions payment.
You are responsible for all your activities while using our Services, including what you copy, share, upload, download, attach, send, receive, and record and any harmful or unlawful content or conduct. You will also be liable for any related costs, damages, or other effects.
You agree to defend, indemnify, and hold us, our subsidiaries, and other affiliated companies, and our respective subsidiaries, employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (a) your use of and access to our Services; (b) your violation of this Agreement or our Community Guidelines; (c) any damage or violation of any third-party right, including rights of publicity, privacy or intellectual property right caused by you or your Creator Content; (d) your violation of any applicable law, rule or regulation; or (e) your use of or access to any Third-Party Links or your dealings with such third parties.
9. NO WARRANTY
Our Services (including Beta Services) are provided to you on an “as is” and “as available” basis, and they may be interrupted or unavailable at times.
You expressly understand and agree that to the extent permitted by law, your use of our Services is at your sole risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from us or through our Services will create any warranty not expressly stated in these Terms.
Without limiting the foregoing, we (including our subsidiaries and licensors) do not warrant that any VSCO Property, our Services, or Creator Content is accurate, reliable, or correct; that our Services will meet your requirements or will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that our Services are free of viruses or other harmful components. Any content you obtain through our Services is at your own risk.
10. LIMITATION OF LIABILITY
We are responsible only to the limited extent specifically stated in these Terms for any damages that occur from your use of our Services.
Exclusion of Liability. In no event will we (including our affiliates, agents, directors, employees, suppliers, or licensors) be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages you might experience from our services, including damages for loss of profits, lost business opportunities, reputation, loss of data, or any theory of liability.
Limitation on Damages. In no event will we (including our affiliates, agents, directors, employees, suppliers, or licensors) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding amounts you paid to us during the 12 months preceding the events giving rise to the claim or US $100.00, whichever is greater.
Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between you and VSCO. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
11. TERM AND TERMINATION
You can terminate your Account whenever you choose. We may terminate your Account at any time for any reason. Termination of your Account does not cancel your Subscription. If your Account is terminated by you or by us, you must separately terminate your Subscription in the manner described here.
Term. These Terms apply beginning on the date you first used our Services or the date you accepted these Terms, whichever came first, and will continue to apply until terminated.
Termination of Services by VSCO. We may terminate this Agreement or your ability to access or use any or all of our Services at any time for any reason, including if payment cannot be charged to your Payment Information for any reason, if you have violated these Terms, or if we are legally required to do so.
Termination by You. If you want to terminate this Agreement, you can do so by taking the following steps:
- notify us at any time to https://support.vsco.co;
- cancel all Subscriptions by following the process described here; and
- terminate your Account for all our Services that you use.
Survival. All provisions of this Agreement that need to continue will continue following termination of this Agreement, including ownership provisions, warranty disclaimers, arbitration and governing law, and limitations of liability.
12. INFORMAL CLAIM RESOLUTION
Informal Claim Resolution First. VSCO is committed to creating a creator-first experience. We want to work with you to resolve any disputes relating to these Terms or our Services informally. Before pursuing formal resolution of any dispute, you agree to give us an opportunity to resolve any disputes by contacting "VSCO Legal Department: Claims Resolution," by mail to 548 Market Street, Suite 92958, San Francisco, California 94104-5401. You must include information about the nature of your claim, the amount involved, if any, and the remedies you are seeking. We both agree to use good faith and reasonable commercial efforts to resolve any such claims. If the dispute is not resolved within 60 days from the date we receive your notice, you may seek relief through binding arbitration.
13. ARBITRATION AGREEMENT
Please read the following arbitration agreement ("Arbitration Agreement") carefully. This section provides that you and VSCO agree to resolve all disputes between us through binding arbitration and includes a class action and jury waiver. This agreement supersedes all prior versions.
Arbitration Notice and Agreement. This Arbitration Agreement requires you to arbitrate disputes between you and VSCO, which means you will only be able to pursue claims and seek relief against us on an individual basis through arbitration. You are also waiving your right to seek relief in a court of law and to have a jury trial. This Arbitration Agreement will continue to apply even if you delete, or we suspend or terminate, your Account.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of our Services, to any products sold or distributed through our Services, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that you and VSCO can seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade secrets, copyrights, and patents), any illegal or intentional act affecting the accessibility, functionality, or the security of our Services, and/or any illegal or intentional act against your interests or VSCO's general business interests. This Arbitration Agreement applies, without limitation, to all disputes or claims and requests for relief that originated before the effective date of this Agreement or any prior version of this Agreement. You agree to this Arbitration Agreement as a condition of your use (or continued use) of our Services every time it is changed or updated.
Arbitration Rules and Forum. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects, applies to the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after complying with the informal dispute resolutions provided above, you must send a Demand for Arbitration, including a copy of these Terms and a description of your dispute to New Era ADR at app.neweraadr.com, with copies to (1) VSCO at firstname.lastname@example.org, and (2) our registered agent at CT Corp, 1209 Orange Street, Wilmington, Delaware, 19801.
The following rules and procedures shall apply to any arbitration proceeding brought under these Terms:
- Arbitrations will be administrated by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures as well as any applicable General Rules and Procedures, except as modified by these Terms. New Era ADR's Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures.
- The arbitration will be conducted by a professional arbitrator(s) with substantial experience in resolving commercial disputes. The arbitrator will be selected pursuant to New Era ADR’s standard rank and strike process as described in New Era ADR’s General Rules and Procedures.
- If a claim seeks equitable relief (including injunctive relief), the arbitrator will bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
- Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including but not limited to any documents prepared or produced in connection with the arbitration proceeding, the hearing and/or the arbitration award, will be confidential and will not be disclosed to any third party, except to obtain court confirmation of any arbitration award as needed.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Arbitration Fees. If VSCO is initiating an arbitration against you, VSCO will pay all costs associated with the arbitration, including the entire filing fee. If you are initiating an arbitration against VSCO, you will be responsible for the nonrefundable initial filing fee. If, however, the amount of the initial filing fee is more than you would have to pay to file a complaint in the United States District Court for the Northern District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of San Francisco), VSCO will pay the difference between the initial filing fee and the amount you would have to pay to file a complaint in Court. VSCO will pay both parties’ administrative fee. Otherwise, New Era ADR sets forth fees for its services, which are available at https://www.neweraadr.com/rules-and-procedures/.
Authority of Arbitrator. The New Era ADR arbitrator(s) assigned to or chosen for your dispute will have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitration proceeding will decide each of your and VSCO’s rights and liabilities, if any. The arbitration proceeding will not be consolidated or joined with any other matters or parties. The arbitrator will have the authority to grant motions resolving any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and this Agreement, including injunctive relief. The arbitrator will issue a written award and decision describing the essential findings and conclusions underlying any award, including the calculation of any damages. The award of the arbitrator is final and binding upon both you and VSCO.
Waiver of Jury Trial. You and VSCO both waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury, with the exceptions stated in this Arbitration Agreement. If for any reason a dispute proceeds in court rather than in arbitration, you and VSCO each waive any right to a jury trial. An arbitrator can award the same damages and relief as a court and must follow our Arbitration Agreement as a court would.
Waiver of Class or Other Non-Individualized Relief. All disputes, claims, and requests for relief within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available. Claims of more than one Creator cannot be arbitrated or consolidated with those of another Creator. If the arbitrator issues a decision that enforcement of these provisions is not applicable to a specific dispute, claim or request for relief, then only those specific issues will be removed and brought into the state or federal courts of the State of California.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to email@example.com, within 30 days after you create your Account or continue using your Account after receiving notice of this Arbitration Agreement. Maintaining your Account requires you to read and accept these Terms and this Arbitration Agreement. Your notice must include your name and address, your VSCO username (if any), the email address used to set up your Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other agreements that you currently have with us, including the rest of these Terms, or may enter in the future with us.
14. ACKNOWLEDGMENT OF IMAGE RECOGNITION TECHNOLOGY
As a part of our Services, we may incorporate a general image recognition technology that compares images that users upload to our platform to a pre-set, pre-curated set of images to suggest tags and an image quality score. This technology does not include, generate, or otherwise process biometric identifiers or biometric information.
This section provides important legal information which you should review, including your agreement to receive electronic communications from us.
Assignment. You may not transfer or assign this Agreement, including any rights or licenses granted to you by these Terms. We may assign or transfer this Agreement without restriction.
Changes to the Agreement. These terms are subject to change at any time. If we make material changes to these Terms, we will provide a new copy of the updated terms on our Services. Any changes will be effective immediately for new Creators and effective for continuing Creators upon the earliest of: (1) thirty (30) days after posting notice of such changes on our Services; (2) thirty (30) days after dispatch of an email notice or notice delivered through an in-app modal of such changes to you; or (3) your consent to the updated Terms, if applicable.
Your continued use of our Services indicates your acceptance of any changes. If you do not agree to any changes after receiving a notice, don’t continue using our Services, or close your Account. Please regularly check our Services to view the then-current terms.
Electronic Communications. By using our Services, you agree to receive communications from us or our affiliated companies, including via electronic means. Texts, calls or other messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. You consent to receive communications from VSCO in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications, such as messages delivered through in-app modals that VSCO provides to you electronically satisfy any legal requirement that we are communicating to you in writing. The foregoing does not affect your statutory rights. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the Unsubscribe options in the promotional email.
Limitation Period. You and VSCO both agree that any cause of action arising out of or related to these Terms, our Services or the content must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Governing Law and Venue. These Terms and any related action will be governed and interpreted by and under the laws of the State of California, consistent with the FAA, other than conflict of laws principles. To the extent you and VSCO are permitted to initiate litigation in a court, you and VSCO both agree that all claims and disputes between you and VSCO will be litigated exclusively in the state or federal courts located in San Francisco County, California.
Notice. If we require that you provide an email address, you must provide us with your most current email address. If the last email address you provided to us is invalid or doesn’t deliver our notices, our notice is effective upon dispatch. You can give us notice at the following address: 548 Market Street, Suite 92958, San Francisco, California 94104-5401, Attn: Legal. Notice is effective upon our receipt of delivery by a nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
International Creators. Our Services are controlled and operated from the United States (U.S.) and are directed to individuals, companies, and other entities in the U.S., unless we otherwise specify. We make no guarantees that our Services are appropriate or available for use in other locations. Those who use our Services from other locations do so voluntarily and are responsible for compliance with all applicable U.S. and local laws and regulations. Don’t use our Services if you are located or reside in a country or territory subject to an embargo by the U.S. government (including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk Regions) (“Embargoed Countries”) or that has been designated by the U.S. government as a “terrorist supporting” region, or are an individual or entity designated as a blocked or prohibited party by the U.S. government, including (a) designation on the Specially Designated National and Blocked Persons (“SDN”) List, (b) Foreign Sanctions Evaders List by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”), (c) the Entity List, (d) Denied Persons List, or (e) Unverified List by the Bureau of Industry and Security of the U.S. Commerce Department (“BIS”) (collectively, “Prohibited Party Lists”).
Export Control. Our Services are subject to U.S. export control and trade sanctions laws and regulations, which you must comply with. Don’t use, export, import, or transfer our Services (including any technology), except as authorized or approved by U.S. law and any other applicable laws. In particular, our Services may not be exported or re-exported: (a) to any Embargoed Countries; or (b) to any individual or entity on any Prohibited Party Lists. By using our Services, you represent and warrant that you are not located in an Embargoed Country and you are not on any Prohibited Party Lists.
Entire Agreement; Severability. These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Services, serve as the entire agreement between you and VSCO relating to our Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining valid provisions will be in full force and effect.
No Waiver. No waiver of any term of this Agreement or failure to assert a right or provision will constitute a future or ongoing waiver of such term (or any other term) or such right or provision.
App Stores. If you download and access our Services through the Apple App Store (an “App Store Sourced Software”), you will only use the App Store Sourced Software (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple Media Services Terms of Service. If you download and access our Services from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights on a shared basis within your designated family group. The availability of our Services are dependent on the App Marketplace from whom you received a software license, e.g., the Apple App Store or Google Play. You acknowledge that the applicable App Marketplace has no responsibility for furnishing any maintenance and support services with respect to our Services, nor for addressing any claims by you or any third-party relating to the Services, or your possession or use of our Services.
You agree to comply at all times with all terms required by the applicable App Marketplace when using any of our Services, including our mobile app. You acknowledge that the applicable App Marketplace (and its subsidiaries) are third-party beneficiaries of this Agreement.