Terms of Service

This agreement (the "Terms"), that is made between you ("User", "Users", "you", "Photographers" and/or "Clients") and FC Creators LLC ("TravelPic" or the "Company"), governs your use of TravelPic products and services through its website and/or its mobile app (the "Platform") that the Company makes available. By using any services, features, or functions made available from time to time through the Platform (the "Services"), you agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as the Privacy Policy. As this is a legally binding contract, please read carefully through these Terms and the related notices before using any of our Services. By registering, accessing or using the Platform and/or the Services, you have agreed to the terms and conditions as laid out in these Terms.

TravelPic may update these Terms at any time, at its sole discretion. The Company will provide appropriate notice of the updated terms by posting the updated Terms on the Platform. If you do not agree to the updated Terms, you must stop using the Services and accessing the Platform. Should you disagree with any condition of these Terms, please refrain from accessing the Platform and/or using the Services, proceed to leave the Platform and stop all usage of the Platform and any of the Services immediately. If you continue to use the Services, you are agreeing to be bound by the updated Terms.

1.1. TravelPic developed a Platform that connects Users who can provide photography services ("Photographers") with Users seeking photography services ("Clients"). TravelPic is responsible for facilitating the availability of the Platform and for accepting and dispersing payments on behalf of the Photographers (with the scope and limitations outlined in Section 5).

1.2. A group of Photographers may be shown in the Platform as options to a Client, being the Client’s sole responsibility to choose its preferred Photographer. After reviewing the Photographers profile and work done, the Client will be able to book the services provided by the Photographer ("Session"). The Photographer’s services are limited to those listed on their profile. The Client acknowledges that modifications or special requests beyond what the Photographer has specified are not permitted.

1.3. The Platform is expressly intended for the purpose outlined in sections 1.1 and 1.2, is not designed to cater to any other category, activity, or purpose. Users are advised that any use of the Platform outside the specified scope is strictly at their own discretion and risk.

1.4. The Services offered by TravelPic are exclusively those contained in the Platform, which might be modified from time to time at the Company’s sole discretion. As the Services evolve, the Company may change or discontinue all or any part of the Services, at any time and without notice, at its sole discretion.

2.1. To access certain features of the Platform, you may be required to create an account and provide specific information during registration ("Account"). You represent and warrant that the information you submit is true, accurate, and complete, and that you will keep it updated to maintain its accuracy.

2.2. If any information you provide is found to be false, inaccurate, outdated, or incomplete, or if the Company reasonably suspects it to be so, the Company reserves the right to suspend or terminate your Account and prohibit any current or future access to the Platform. You agree not to establish an Account with a false identity or information, or on behalf of another individual. You further agree to maintain only one Account at a time. The Company may, at its discretion, review the information you submit to verify its authenticity, though it is not obligated to do so. You are prohibited from creating an Account or accessing the Platform if you have been previously removed by the Company or banned from any of its Services.

2.3. The Platform is not intended for users under thirteen years of age (or the applicable age of digital consent in their jurisdiction). If you do not meet this age requirement, you are not authorized to access or use the Platform. Additionally, users under eighteen years old may only use the Platform, whether registered or not, with the approval of a parent or legal guardian. TravelPic reserves the right to restrict or terminate access to the Platform if it discovers that a user does not meet the required age criteria.

3.1. You bear legal responsibility for all data, content, or any other information ("User Content") you upload, post, or store on the Platform. You are accountable for any loss or irretrievability of User Content resulting from your use of the Services.

3.2. You represent and warrant that you own all rights, titles, and interests in your User Content, including, but not limited to, all associated copyrights and rights of publicity. By uploading any User Content, you grant TravelPic and its affiliates a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, display, distribute, store, modify, and otherwise utilize your content for the operation of the Platform, as well as for its promotion, advertising, or marketing, in any format, medium, or technology, whether currently existing or developed in the future.

3.3. TravelPic does not control User Content uploaded, posted or stored on the Platform and does not assure its accuracy, integrity, or quality. The Company retains the right, at its sole discretion and without prior notice, to:

• a) assess User Content posted on the Platform;
• b) modify, remove, or decline to publish any User Content, wholly or partially, at the Company’s sole discretion, for any reason or without specifying a reason;
• c) take any necessary or appropriate action concerning any User Content if the Company believes that such content violates these Terms, infringes on any intellectual property or other rights of any individual or entity, poses a threat to the personal safety of Services users or the public, or could result in liability for the Company;
• d) reveal your identity or other information about you to any third-party claiming that material posted by you infringes on their rights, including intellectual property rights or their right to privacy;
• e) disclose any information or materials as required to comply with applicable laws, regulations, legal processes, or governmental requests;
• f) pursue appropriate legal action, including but not limited to involving law enforcement, for any unlawful or unauthorized use of the Services; and
• g) terminate or suspend your access to all or part of the Services for any reason or without specifying a reason.

When you visit the Platform or send emails, feedback, or chats to TravelPic, you are communicating with the Company electronically. You consent to receive communications from TravelPic electronically. The Company will communicate with you by email, by posting notices, or push notifications on the Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any feedback you provide to the Company will be deemed non-confidential. TravelPic will be free to use such feedback on an unrestricted basis.

5.1. The Company utilizes Stripe Inc. ("Stripe") as its third-party payment service provider. By accessing the Platform, you agree to comply with Stripe’s Terms of Service and Privacy Policy. You also consent to allow the Company and Stripe to exchange any necessary information and payment instructions required to process transactions under these Terms. This may include personal, financial, credit and debit card details, and transaction data. Furthermore, you accept and acknowledge that the Company may change its third-party payment service provider at its own discretion, with or without prior notice to the User.

5.2. Clients agree to pay all applicable fees associated with a Session ("Session Fees"), which must be paid in the currency specified on the Platform at the time of booking. Additionally, the Company charges a service fee of 5% of the Session Fees for platform usage. TravelPic reserves the right to modify this Service Fee at any time and will notify Clients of any changes by updating the Terms of Service before the new fee takes effect.

5.3. Unless otherwise expressly stated herein or approved by TravelPic in a separate written agreement, all payments are final and non-refundable, and the Client has no right to cancel their purchase for any reason. By using the Platform, you agree to pay the Company the specified amount for Photographer Fees as listed on the Platform, in accordance with the applicable fee terms and this Terms of Service.

5.4. All payments must be made in full, without any deductions or withholdings for taxes, levies, or other charges. If any taxes are required to be withheld under applicable law, the Client agrees to gross up the payment so that TravelPic receives the full amount originally specified.

5.5. To ensure an efficient flow of funds, TravelPic facilitates the payment of Session Fees from the Client to the Photographer, either directly or through a third-party payment service provider. TravelPic acts solely as a limited payment collection agent for the Photographer and does not provide money transmission services. The Photographer acknowledges that the Company has the sole discretion to act on behalf of the Client and may withhold payment of Session Fees if the Client reports that the Session was not satisfactorily completed.

6.1. Upon completion of the Session and full payment of all applicable Session Fees, the Photographer will transfer all intellectual property rights of the photos taken during the Session ("Session Content") to the Client. Additionally, the Client grants TravelPic a non-exclusive, global, royalty-free, fully paid, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, display, and distribute the Session Content for promotional and advertising purposes. TravelPic may inform the Client in advance of any intended use of the Session Content, allowing them to raise any reasonable objections.

6.2. TravelPic and/or its controlling companies, affiliated or subsidiary companies, are the owners of all intellectual, authorship and industrial rights with respect to the Platform and domain, software, hardware, logos, emblems, designs, information and content. Users do not have any rights regarding those.

6.3. The brand names relating to the Platform and any other trademarks, service marks and/or trade names used by the Company either on its own behalf from time to time (the "Trade Marks") are owned by the Company, its controlling companies, affiliated or subsidiary companies, or its licensors. In addition to the rights in the Trade Marks, the Company and/or its licensors own the rights to all other content of the Platform (the "Content").

6.4. By using the Platform and/or the Services, Users shall not obtain any rights in the Trade Marks or the Content and Users may use the Trade Marks and Content only in accordance with these Terms.

6.5. Users may only use the Platform and all its content, including, but not limited to, the copyright and all other intellectual property rights on it, in connection with the Services for the User’s personal and non-commercial use and in accordance with these Terms.

6.6. The Platform’s software code, structure and organization are protected by intellectual property rights. You undertake not to: copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Platform; make it available to any third party through a computer network or otherwise; export it to any country (whether by physical or electronic means); or use it in a manner prohibited by any laws or regulations which apply to the use of the Platform.

7.1. TravelPic grants you a limited license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TravelPic. This license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by TravelPic in a separate license, your right to use any software, data, documentation, or other materials that you access or download through the Platform is subject to these Terms.

7.2. The Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TravelPic. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TravelPic without express written consent. You may not use any meta tags or any other "hidden text" utilizing TravelPic’ name or trademarks without the express written consent of TravelPic. Any unauthorized use terminates the permission or license granted by TravelPic. You may not use any TravelPic logo or other proprietary graphic or trademark as part of the link without express written permission of TravelPic.

7.3. TravelPic will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Platform, or the entire Platform, to Users. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works of the Platform.

7.4. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of these Terms, your right to use the Platform may be stopped immediately and you may be required by the Company to return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by TravelPic (or its licensors). Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Platform may contain links to websites not operated or maintained by the Company. These links are provided solely as a convenience to you and not as an endorsement by TravelPic of the contents of such third-party websites. TravelPic is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party websites, you do so at your own risk, and waive any and all claims against TravelPic regarding the inclusion of links to outside websites or your use of those websites.

9.1. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED BY TravelPic ON AN "AS IS" AND "AS AVAILABLE" BASIS. TravelPic MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS PLATFORM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, USERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TravelPic DOES NOT WARRANT THAT THE PLATFORM; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM; ITS SERVERS; OR E-MAIL SENT FROM TravelPic ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TravelPic WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9.2. TravelPic shall not be held liable for the actions or practices of its Users. The Company bears no responsibility for Users who share collected information with third parties beyond the Platform. Clients acknowledge and accept that the Company is not accountable for how Photographers utilize their personal information outside the scope of the Platform.

9.3. You acknowledge and agree that TravelPic is not a party to any agreements made between Photographers and Subjects. Instead, TravelPic solely facilitates the communication between Users and provides payment processing services for the Photographer (as limited as outlined in section 5) to simply enabling the transfer of payment from Client to Photographer. Furthermore, Clients enter into contracts for photography services directly with Photographers.

9.4. TravelPic is not an insurer and does not control the behavior or actions of Users. As such, the Company disclaims all liability for any conduct of Users, including but not limited to actions during the Session. TravelPic does not provide any insurance for the services performed by the Photographer or for any potential risks, such as damage, theft of equipment, or any other unforeseen contingencies that may occur during the Session. Both the Client and Photographer are solely responsible for managing and addressing such risks, and TravelPic will not be held liable for any losses or damages arising from these circumstances.

9.5. Nothing in this Agreement shall be interpreted to establish the Photographer as an agent, employee, or representative of the Company. Rather, any relationship that may arise exists solely between the Client and the Photographer, with the Company serving exclusively as the provider of the Platform that connects Clients with Photographers for their mutual benefit. The Photographer is solely responsible for reporting income and paying any applicable taxes related to the Session.

User agree to hold harmless, defend and indemnify the Company, its affiliates, its parent companies, and subsidiaries, and each of their respective officers, directors, agents, employees, representatives, and permitted assignees against any and all any losses, damages, costs, liabilities and expenses that have been reasonably incurred in connection with any claims or damages arising out of or related to your breach and our enforcement of these Terms. This shall also apply to Users violation of any applicable law, regulation, or rights of any third party during their use of the Services.

11.1. The Company will not be responsible for any breach, loss, delay, suspension, failure or impossibility in the provision of the Services and/or in compliance with these Terms on the occasion of any event that could be considered a product of fortuitous event, force majeure or the fact of a third party for whom you should not respond.

11.2. It should be understood as cases of a fortuitous event, force majeure or acts of a third party, without limitation or exclusion of others to: government restrictions or regulations, informatic or cybernetics attacks of any kind, acts of terrorism, wars, riots, strikes, labor or industrial disputes of any kind, fires, explosions, earthquakes, floods, accidents, acts of sabotage, environmental disturbances, unusually severe weather conditions, telecommunications failure, power failure, Internet connection interruptions, breaches in linked service providers, or any other cause that could not have been foreseen or that could not be avoided.

No waiver by any party of any breach of these Terms or any delay or omission by any party in enforcing these Terms shall prejudice their rights or operate as a waiver of any subsequent or continuing breach.

You hereby understand that it is a violation of these Terms to find a Photographer or connect with a Client and then complete a Session off the Platform, in order to circumvent the obligation of payment of fees related to the provision of the services on the Platform. Furthermore, you understand and acknowledge that violating this obligation while using the Platform may result in restricted or revoked access, as well as potential legal action against you.

If any provision of these Terms is or becomes illegal or invalid, that provision will be deemed deleted from these Terms and the remaining provisions shall continue in force.

These Terms and any dispute or claim arising out of or in connection with these Terms or the conditions contained herein shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

The Platform is operated by FC Creators LLC, with a registered address at 16192 Coastal Highway, Lewes, Delaware, County of Sussex, 19958.

Questions about these Terms? Contact us at fermin.lasarte@icloud.com.