Terms of Service

1. Acceptance of Terms & Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PhotosByBugs, a division of the ByBugs family ("PhotosByBugs," "we," "us," or "our"), governing your access to and use of the PhotosByBugs platform located at https://www.photosbybugs.com, including all associated services, features, content, and applications (collectively, the "Platform").

Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of such modifications. If you do not agree to these Terms or any future modifications, you must immediately cease all use of the Platform and delete your account.

2. Definitions

For purposes of these Terms, the following definitions shall apply:

• "Content" means any and all photographs, images, videos, audio files, text, descriptions, tags, metadata, and any other materials uploaded to, shared through, displayed on, or otherwise made available via the Platform.
• "Creator" means any User who uploads, publishes, shares, or sells Content on the Platform.
• "Buyer" or "Customer" means any individual or entity who views, downloads, or purchases Content through the Platform.
• "Likeness" means any recognizable depiction of a person, including but not limited to their face, body, physical features, voice, name, signature, photograph, image, silhouette, or any other identifying characteristic, whether in whole or in part.
• "Minor" means any individual under the age of eighteen (18) years.
• "Model Release" means the irrevocable consent and authorization granted under Section 4 of these Terms for the use, reproduction, distribution, display, and commercial exploitation of a person's Likeness.
• "Marketplace Listing" means any service offering, advertisement, or posting created by a User in the Marketplace section of the Platform.

3. Account Registration & Eligibility

3.1 Eligibility

You must be at least eighteen (18) years of age to create an account on the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts under applicable law. If you are creating an account on behalf of a business or organization, you represent that you have the authority to bind such entity to these Terms.

3.2 Account Creation

Accounts are created exclusively through Google OAuth authentication. By signing in, you authorize us to access your Google account information (name, email, profile photo) and Google Drive (limited to a dedicated "PhotosByBugs" folder). You are solely responsible for maintaining the security and confidentiality of your account credentials.

3.3 Consent at Registration

3.4 One Account Per Person

Each individual may maintain only one (1) account. Creating multiple accounts to circumvent these Terms, evade suspension, or for any other purpose is strictly prohibited and grounds for immediate, permanent termination of all associated accounts.

4. Universal Model Release & Consent to Use of Likeness

4.1 Grant of Model Release

By creating an account, signing in, or using the Platform in any capacity, you irrevocably, unconditionally, and perpetually grant to PhotosByBugs, its successors, assigns, licensees, Creators, Buyers, and all authorized users of the Platform, the following rights:

1. The unrestricted right to use, reproduce, distribute, display, publish, transmit, broadcast, sell, license, sublicense, modify, edit, crop, alter, enhance, composite, and create derivative works from any and all Content in which your Likeness appears;
2. The right to use your Likeness in any media, format, or technology now known or hereafter developed, including but not limited to digital, print, web, mobile, social media, advertising, editorial, commercial, and promotional materials;
3. The right to use your Likeness for any lawful purpose, including but not limited to commercial sale, marketing, advertising, portfolio display, editorial use, art, and any other purpose that PhotosByBugs or its authorized users deem appropriate;
4. The right to use your Likeness without any requirement of prior approval, review, or consent for each individual use.

4.2 Scope and Duration

This Model Release is:

• Perpetual: This release has no expiration date and shall survive the termination or deletion of your account;
• Irrevocable: Once granted, this release cannot be withdrawn, revoked, or rescinded, regardless of whether you subsequently close your account or cease using the Platform;
• Worldwide: This release applies in all countries, territories, and jurisdictions throughout the world;
• Unconditional: This release is not subject to any conditions, limitations, or restrictions beyond those explicitly stated in these Terms;
• Transferable: PhotosByBugs and any Creator or Buyer may assign, transfer, or sublicense the rights granted hereunder without your further consent.

4.3 Acknowledgment of Content Use

You acknowledge and agree that:

• Any Content in which your Likeness appears that is uploaded to, shared through, or displayed on the Platform may be viewed, downloaded, purchased, shared, redistributed, and used commercially by any User or third party who obtains lawful access to such Content through the Platform;
• You have no right to review, approve, or disapprove of any specific use of your Likeness on or through the Platform;
• Content containing your Likeness may be altered, edited, cropped, filtered, enhanced, composited with other images, or otherwise modified without your consent or notification;
• Your Likeness may appear alongside Content or materials that you did not create, select, or endorse;
• You waive any right to inspect or approve the finished product or the advertising copy or other materials that may be used in connection with your Likeness.

4.4 Release of Claims

4.5 Representation of Authority

By agreeing to these Terms, you represent and warrant that:

• You are the person depicted in any Content containing your Likeness, or you have obtained all necessary consents, releases, and authorizations from every identifiable individual depicted in any Content you upload;
• You have the full legal right and authority to grant the rights described in this Section 4;
• No third party has any right, claim, or interest that would conflict with the rights granted hereunder.

5. Parental & Guardian Consent for Minors

5.1 Consent on Behalf of Minor Children

By creating an account, signing in, or using the Platform, if you are a parent, legal guardian, or individual with legal custody or authority over any Minor, you irrevocably, unconditionally, and perpetually grant and extend all consents, releases, waivers, and authorizations contained in these Terms - including but not limited to the Universal Model Release (Section 4) and the Waiver of Compensation (Section 6) - on behalf of the following individuals:

• Your biological children, whether born or unborn at the time of consent;
• Your legally adopted children;
• Any Minor stepchildren residing in your household;
• Any Minor for whom you serve as a legal guardian or custodian;
• Any Minor family member (including but not limited to nieces, nephews, grandchildren, and siblings) whose Content or Likeness you upload, share, or authorize to be uploaded or shared on the Platform;
• Any other Minor whose parent or legal guardian has authorized you to provide consent on their behalf.

(Collectively, "Covered Minors").

5.2 Scope of Parental/Guardian Consent

The consent granted under this Section 5 specifically includes, without limitation:

1. Model Release for Minors: You grant a full, irrevocable, perpetual, worldwide Model Release for the Likeness of all Covered Minors, authorizing the use, reproduction, distribution, display, commercial sale, and exploitation of any Content in which any Covered Minor's Likeness appears, on the same terms and conditions set forth in Section 4 of these Terms;
2. Waiver of Compensation for Minors: You acknowledge and agree that no Covered Minor shall be entitled to any compensation, royalty, payment, or financial benefit of any kind from the use, sale, licensing, or distribution of Content in which their Likeness appears, on the same terms set forth in Section 6;
3. Release of Claims on Behalf of Minors: You release, discharge, and hold harmless PhotosByBugs and all authorized users from any and all claims that any Covered Minor may have or may in the future assert, including claims for invasion of privacy, right of publicity, defamation, emotional distress, or any other claim arising from the use of their Likeness;
4. Waiver of Future Claims: You agree that no Covered Minor shall, upon reaching the age of majority, have the right to revoke, rescind, or challenge the consents, releases, and waivers granted on their behalf under these Terms.

5.3 Representation of Parental/Guardian Authority

By agreeing to these Terms, you represent and warrant that:

• You are the biological parent, adoptive parent, legal guardian, or custodian of each Covered Minor, or you have obtained express written authorization from the parent or legal guardian of each Covered Minor to grant the consents contained herein;
• You have the full legal authority under applicable law to bind each Covered Minor to these Terms and to grant the Model Release and Waiver of Compensation on their behalf;
• No court order, custody agreement, or other legal instrument prohibits or restricts your ability to grant the consents contained in this Section 5;
• You have informed and, to the extent applicable, explained to each Covered Minor the nature and scope of the consents being granted on their behalf.

5.4 Indemnification for Minor-Related Claims

You agree to indemnify, defend, and hold harmless PhotosByBugs from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) any claim by a Covered Minor or any person acting on their behalf that challenges the validity, enforceability, or scope of the consents granted under this Section 5; (b) any claim that you lacked the legal authority to grant consent on behalf of a Covered Minor; or (c) any claim by a co-parent, co-guardian, or other individual with legal rights over a Covered Minor related to the consents granted herein.

5.5 Minors May Not Create Accounts

Individuals under the age of eighteen (18) are strictly prohibited from creating accounts on the Platform. If we discover that an account has been created by a Minor, we will immediately terminate that account and delete all associated data. Parents and legal guardians are solely responsible for monitoring and controlling their children's access to the Platform.

6. Waiver of Compensation & Entitlement

6.1 No Entitlement to Compensation

You expressly acknowledge and agree that:

1. You are not entitled to any payment, royalty, fee, residual, revenue share, commission, or any other form of financial compensation whatsoever for the use, sale, licensing, distribution, display, reproduction, or commercial exploitation of any Content in which your Likeness appears on or through the Platform;
2. This waiver applies regardless of the volume, frequency, scale, or commercial value of sales, licenses, or uses of Content containing your Likeness;
3. This waiver applies to all current and future uses of your Likeness, whether known or unknown at the time of consent;
4. This waiver extends to revenue generated by any party, including but not limited to PhotosByBugs, Creators, Buyers, licensees, sublicensees, and any third party who obtains lawful access to such Content;
5. This waiver shall not be affected by any subsequent change in the commercial value of Content containing your Likeness.

6.2 Distinction Between Creator Earnings and Model Compensation

For clarity:

• Creators who upload and sell their own Content are entitled to receive proceeds from sales of that Content, minus applicable platform fees and transaction costs, as described in Section 10;
• Individuals whose Likeness appears in Content uploaded by another Creator are NOT entitled to any portion of the sales proceeds, royalties, or other compensation from the sale or use of that Content, regardless of their contribution to or appearance in such Content;
• The waiver in this Section 6 applies specifically to claims for compensation based on the appearance of your Likeness - it does not affect a Creator's right to earn revenue from Content they own and sell.

6.3 California Civil Code Section 1542 Waiver

To the maximum extent permitted by applicable law, you hereby waive the protections of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You acknowledge that you may discover facts different from or in addition to those you now know or believe to be true regarding the subject matter of this release, and you agree that this release shall remain effective in all respects notwithstanding the discovery of any such facts.

7. Content Ownership & License Grant

7.1 Your Ownership

You retain all ownership rights in and to Content that you create and upload to the Platform. PhotosByBugs does not claim ownership of your original Content. Your Content is stored in your own Google Drive account within a dedicated "PhotosByBugs" folder - we never access, store, or claim ownership of files outside this designated folder.

7.2 License Grant to PhotosByBugs

By uploading, publishing, sharing, or otherwise making Content available on or through the Platform, you grant PhotosByBugs a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:

• Use, reproduce, display, distribute, transmit, and publicly perform your Content in connection with operating, promoting, and improving the Platform;
• Generate thumbnails, previews, watermarked versions, and other derivative copies of your Content for display and promotional purposes;
• Store, cache, and process your Content as necessary to provide the Platform's services;
• Use your Content in marketing, advertising, and promotional materials for the Platform;
• Sublicense the foregoing rights to Buyers, authorized users, and third-party service providers as necessary to facilitate sales, sharing, and distribution of Content.

7.3 Creator Representations and Warranties

By uploading Content, you represent and warrant that:

• You are the sole creator and owner of the Content, or you have obtained all necessary rights, licenses, and permissions from the rightful owner(s);
• You have obtained valid, written model releases from all identifiable individuals depicted in the Content, or such individuals have granted consent through their acceptance of these Terms;
• The Content does not infringe upon or violate any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party;
• The Content does not violate any applicable law, regulation, or ordinance.

7.4 Survival of License

The license granted in Section 7.2 shall survive termination of your account for any reason. Content that has been sold, shared, downloaded, or licensed to Buyers prior to account termination shall remain subject to the rights granted herein. PhotosByBugs is not obligated to remove, delete, or recall Content that has been lawfully distributed prior to account termination.

8. Content Standards & Prohibited Content

8.1 Content Standards

All Content uploaded to or shared through the Platform must comply with these Terms and all applicable laws. You are solely responsible for the Content you upload, share, sell, or distribute.

8.2 Prohibited Content

You may NOT upload, share, sell, distribute, or otherwise make available any Content that:

1. Depicts, promotes, or facilitates child sexual abuse material (CSAM) or the sexual exploitation of Minors in any form - this is an absolute, zero-tolerance prohibition and will result in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and applicable law enforcement;
2. Contains or constitutes non-consensual intimate imagery ("revenge porn") or any sexually explicit material involving individuals who have not provided informed, voluntary consent;
3. Promotes, incites, or glorifies violence, terrorism, hate speech, discrimination, or harassment against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, national origin, or any other protected characteristic;
4. Infringes upon any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party;
5. Contains obscene, defamatory, libelous, threatening, or harassing material;
6. Is fraudulent, deceptive, misleading, or misrepresents the identity or affiliation of the uploader;
7. Contains malware, viruses, trojan horses, spyware, or any other harmful or malicious code;
8. Facilitates or promotes any illegal activity, including but not limited to drug trafficking, weapons sales, human trafficking, money laundering, or fraud;
9. Contains personally identifiable information of third parties without their consent (such as Social Security numbers, financial account information, or medical records);
10. Violates any applicable local, state, national, or international law or regulation.

8.3 Enforcement

PhotosByBugs reserves the absolute and sole right to, without prior notice or liability:

• Remove, disable access to, or refuse to display any Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable;
• Suspend or permanently terminate any User's account for any violation of these Content Standards;
• Report any suspected illegal activity, including CSAM, to the appropriate law enforcement authorities;
• Cooperate fully with law enforcement investigations and legal proceedings related to prohibited Content.

8.4 Reporting Violations

If you become aware of any Content on the Platform that violates these Terms, please report it immediately to photosbybugs@gmail.com with the subject line "Content Violation Report." Include the URL or description of the offending Content, the reason you believe it violates these Terms, and your contact information.

9. DMCA & Copyright Infringement

9.1 DMCA Compliance

PhotosByBugs respects the intellectual property rights of others and expects Users to do the same. We comply with the Digital Millennium Copyright Act ("DMCA") and will respond to valid notices of alleged copyright infringement.

9.2 Filing a DMCA Takedown Notice

If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated Copyright Agent at photosbybugs@gmail.com with the subject line "DMCA Takedown Notice." Your notice must include:

1. A physical or electronic signature of the copyright owner or an authorized representative;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing, with sufficient information to allow us to locate the material (e.g., URL);
4. Your contact information (name, address, telephone number, and email address);
5. A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

9.3 Counter-Notification

If you believe that Content you uploaded was removed in error as a result of a DMCA takedown notice, you may submit a counter-notification to photosbybugs@gmail.com with the subject line "DMCA Counter-Notification," containing the information required under 17 U.S.C. Section 512(g)(3).

9.4 Repeat Infringers

PhotosByBugs will, in appropriate circumstances, terminate the accounts of Users who are repeat copyright infringers. A User who receives three (3) or more valid DMCA takedown notices will have their account permanently terminated without further warning.

10. Payments, Fees & Transactions

10.1 Payment Processing

All financial transactions on the Platform are processed through Stripe, a third-party payment processor. By conducting transactions on the Platform, you agree to Stripe's Terms of Service and Privacy Policy.

10.2 Creator Earnings

Creators who sell Content through the Platform will receive the sale price minus applicable platform fees and transaction processing costs. PhotosByBugs charges a platform fee of up to 10% of each transaction, in addition to Stripe's processing fees. Fee structures may change with thirty (30) days' notice.

10.3 Pricing

Creators set their own prices for Content. PhotosByBugs reserves the right to establish minimum and maximum pricing limits. Free Content may be offered at the Creator's discretion, with optional download access.

10.4 Refund Policy

Due to the digital nature of the Content sold on the Platform, all sales are final. No refunds will be issued after a purchase has been completed and the Buyer has received access to the Content. Exceptions may be made at PhotosByBugs' sole discretion in cases of technical error or duplicate charges.

10.5 Taxes

You are solely responsible for determining and paying any applicable taxes on your earnings from the Platform. PhotosByBugs does not withhold taxes and is not responsible for your tax obligations. You agree to provide accurate tax information if requested.

11. Google Drive Integration & Third-Party Services

11.1 Google Drive Access

The Platform integrates with Google Drive through Google's OAuth 2.0 protocol. By signing in, you authorize PhotosByBugs to:

• Create and manage a dedicated "PhotosByBugs" folder within your Google Drive;
• Read, write, and organize files within this dedicated folder only;
• Generate thumbnails and previews of your Content for display on the Platform.

PhotosByBugs will NEVER access, read, modify, or delete files outside of the dedicated "PhotosByBugs" folder in your Google Drive.

11.2 Google Terms

Your use of Google Drive is subject to Google's Terms of Service and Privacy Policy. PhotosByBugs is not responsible for Google's handling of your data.

11.3 Third-Party Links

The Platform may contain links to third-party websites, services, or resources. PhotosByBugs does not endorse, control, or assume responsibility for any third-party content, products, or services. Your use of third-party resources is at your own risk and subject to the terms and conditions of those third parties.

12. Marketplace & Listings

12.1 User Listings

Users may create Marketplace Listings to offer or seek photography-related services. All Marketplace Listings must comply with these Terms and all applicable laws.

12.2 No Guarantee

PhotosByBugs does not guarantee the accuracy, quality, safety, or legality of any Marketplace Listing. We do not verify the identity, qualifications, or credentials of Users who post Marketplace Listings. All transactions arising from Marketplace Listings are conducted solely between the involved Users.

12.3 Platform as Intermediary Only

PhotosByBugs acts solely as an intermediary and venue for Marketplace Listings. We are not a party to any agreement, contract, or transaction between Users that arises from a Marketplace Listing. We have no obligation to resolve disputes between Users.

13. Indemnification

1. Your use of or access to the Platform;
2. Any Content you upload, share, sell, distribute, or otherwise make available through the Platform;
3. Your violation of these Terms or any applicable law, regulation, or third-party right;
4. Any claim by a third party that Content you uploaded infringes their intellectual property rights, right of publicity, right of privacy, or any other right;
5. Any claim by any individual (including Minors or their representatives) depicted in Content you uploaded, challenging the validity of the Model Release or consent provisions of these Terms;
6. Any claim that you lacked the authority to grant consent on behalf of a Minor under Section 5;
7. Your Marketplace Listings or any transactions, interactions, or disputes arising therefrom;
8. Any misrepresentation or breach of warranty made by you under these Terms;
9. Any negligent or wrongful act or omission by you in connection with the Platform.

This indemnification obligation shall survive the termination of your account and these Terms.

14. Limitation of Liability

14.1 No Liability for User Content

PhotosByBugs is NOT responsible or liable for any Content uploaded, shared, sold, distributed, or otherwise made available by Users on or through the Platform. This includes, without limitation, any Content that is infringing, defamatory, obscene, offensive, inappropriate, inaccurate, misleading, or otherwise objectionable. Users bear sole responsibility for the Content they create, upload, share, and sell.

14.2 Exclusion of Damages

IN NO EVENT SHALL PHOTOSBYBUGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use the Platform;
• Any Content available on or through the Platform;
• Any conduct or Content of any third party on the Platform;
• Unauthorized access, use, or alteration of your Content or transmissions;
• Any transaction or interaction between Users;
• Any interruption, suspension, or termination of the Platform.

14.3 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF PHOTOSBYBUGS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PHOTOSBYBUGS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

14.4 Basis of the Bargain

You acknowledge that the limitations of liability and exclusions of damages set forth in this Section 14 are essential elements of the bargain between you and PhotosByBugs, and that PhotosByBugs would not offer the Platform to you without these limitations.

15. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOSBYBUGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHOTOSBYBUGS DOES NOT WARRANT THAT:

• The Platform will be uninterrupted, secure, or error-free;
• The results obtained from the Platform will be accurate or reliable;
• Any Content available on the Platform is legal, accurate, or non-infringing;
• Any defects or errors will be corrected;
• The Platform is free of viruses or other harmful components.

YOU USE THE PLATFORM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, OR DATA RESULTING FROM YOUR USE OF THE PLATFORM.

16. Termination & Suspension

16.1 Termination by User

You may terminate your account at any time by contacting us at photosbybugs@gmail.com. Account termination does not release you from obligations incurred prior to termination, including the Model Release, Waiver of Compensation, and Indemnification obligations, which survive termination indefinitely.

16.2 Termination by PhotosByBugs

PhotosByBugs reserves the right to suspend or permanently terminate your account, with or without notice, for any reason, including but not limited to:

• Violation of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Prolonged inactivity;
• At our sole discretion for any reason whatsoever.

16.3 Effect of Termination

Upon termination: (a) your right to access and use the Platform immediately ceases; (b) Content that has been sold, shared, or downloaded prior to termination remains subject to the licenses granted herein; (c) Sections 4 (Model Release), 5 (Minor Consent), 6 (Waiver of Compensation), 7.2 (License Grant), 13 (Indemnification), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), and 17 (Dispute Resolution) shall survive termination indefinitely.

17. Dispute Resolution & Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles.

17.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at photosbybugs@gmail.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

17.3 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved through informal resolution shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of New Jersey. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. You may not bring claims as a plaintiff or class member in any class, consolidated, or representative proceeding.

17.5 Small Claims Court

Notwithstanding the arbitration provisions above, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.

18. Modifications to Terms

PhotosByBugs reserves the right to modify, amend, or update these Terms at any time, at our sole discretion. When we make material changes, we will:

• Update the "Effective Date" at the top of this page;
• Update the Terms version number;
• Require re-consent from all Users upon their next login (the Platform will prompt you to accept the updated Terms before continuing).

Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and close your account.

19. Severability & Entire Agreement

19.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

19.2 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PhotosByBugs with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, agreements, and understandings, whether oral or written.

19.3 Waiver

The failure of PhotosByBugs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of PhotosByBugs.

19.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of PhotosByBugs. PhotosByBugs may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction.

20. Event & Editorial Photography

Photographs taken at public events, fashion shows, concerts, trade shows, and commercial productions constitute editorial content owned by the photographer. Models, performers, and attendees at such events are photographed in a public or commercial capacity. Individual model releases are not required for the sale of event photography coverage. The photographer’s press credentials, event pass, or invitation constitutes authorization to photograph and distribute images from the event.

21. Consent to Appear & Likeness Rights

By creating an account on PhotosByBugs, you acknowledge that you may appear in photographs uploaded by other users, including event photographers, studio photographers, and other creators. If your likeness appears in any photos on the platform, such photos may be made available for viewing, download, and purchase by other users.

All photos are owned by the photographer who uploaded them. Event photography at public or commercial events constitutes editorial content and does not require individual model releases.

If you wish to have photos of yourself removed, you may submit a removal request to the photographer or to support@photosbybugs.com. Removal requests are honored within 48 hours.

22. Buyer Usage Rights

Purchased photographs may be used by the buyer for personal and commercial purposes including but not limited to social media posting, portfolio use, print, and promotional materials. Buyers may not resell photos as standalone products or claim original authorship.

23. Referral Earnings Program

Users who share folder links containing a referral parameter earn a commission of 10% on qualifying purchases made through their link. Commissions are credited to the user’s referral balance and may be withdrawn once the balance reaches $5.00 via a connected Stripe account.

PhotosByBugs reserves the right to adjust commission rates with 30 days notice. Self-referrals (purchasing through your own referral link) are not eligible for commission.

24. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at: