PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
USE OF OUR SERVICE
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under thirteen (13) is strictly prohibited and in violation of this Agreement. You may use the Service only if you can form a binding contract with VSCO, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Accordingly, use of the Service by anyone between thirteen (13) years of age and the age of majority in such individual’s jurisdiction will require verifiable consent of such individual’s parent or legal guardian. We reserve the right to request reasonable proof of such consent, and you must provide such proof within a reasonable period of time (not to exceed three (3) business days) following such request. The Service is not available to any Users previously removed from the Service by VSCO.
Summary: Sorry, use of our Service by anyone under 13 is strictly prohibited. If you want to use our Service, you have to be able to agree to these terms.
B VSCO Account
Your VSCO account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to VSCO with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are not allowed to provide a third party access to your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify VSCO immediately of any breach of security or unauthorized use of your account. VSCO will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account settings page. By providing VSCO your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Summary: We are excited that you want to use our Service but you need to create your own account. It’s really important that the email address associated with your account is accurate and up-to-date, and you can always change your account information through your settings page. Oh, and one more thing, don’t use someone else’s account, get your own, and don’t share your login credentials with anyone else!
C Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the VSCO servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that VSCO grants the operators of public search engines revocable permission to use spiders to copy materials from vsco.co for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
Summary: You want to use our Service and we want to continue to provide you our Service but there are some ground rules to protect the VSCO community which include not stealing or attacking our Service and not trying to take other Users’ personal information. Basically, be reasonable and responsible.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service (including the right to cancel any hosted sites) without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. VSCO expressly reserves the right to review every User account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowed levels, in our sole discretion.
Summary: Our Service is changing and evolving. With new services, products and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We can also suspend or terminate any individual account at any time. You can stop using your account or close it at any time as well.
You are solely responsible for your interactions with other VSCO Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. VSCO will have no liability for your interactions with other Users, or for any User’s action or inaction. You may not harass, bully, or otherwise make offensive or inappropriate remarks via the Services, and VSCO reserves the right to suspend or terminate your account should it become aware of such activities.
Summary: Your interactions on our Services with others are up to you.
Some areas of the Service allow Users to post content such as profile information, comments, questions, photos, music, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content”). You retain ownership of your User Content.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. VSCO reserves the right, but is not obligated, to reject and/or remove any User Content that VSCO believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You represent, warrant, and agree that you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
Your User Content and VSCO’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. VSCO may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
VSCO takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You will be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that VSCO will not be liable for any damages you allege to incur as a result of User Content.
USER CONTENT LICENSE GRANT
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to VSCO a royalty-free, sublicensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content including your or any third-party name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and VSCO’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
If the features of the Service allow you to remove or delete User Content from the Service, the above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete such User Content from the Service. Notwithstanding the foregoing, you understand and agree that VSCO may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted; provided that in certain cases, such as if User Content has been curated by VSCO for display on VSCO’s Collection, featured on the VSCO Journal, included in printed content, or otherwise used, the above licenses granted by you with respect to such User Content will not terminate and such User Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in User Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.
END USER LICENSE GRANT
A. VSCO Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. VSCO reserves all rights not expressly granted herein in the Service and the VSCO Content (as defined below). VSCO may terminate this license at any time for any reason or no reason.
Certain features of the Service may be made available only to paid subscribers (“Subscriber Features”). If you purchase access to certain individual features (each an “Individual Feature”) on a feature-by-feature basis (e.g., by purchasing access to one or more particular filters, filter packs, or editing tools), then you will generally retain access to such Individual Feature for so long as your account is active or for such shorter time as communicated to you at the time of purchase (e.g., if you purchase an Individual Feature that expires after a limited period of time) unless we, in our sole discretion, decide to remove such Individual Feature from the Service or decide not to support such Individual Feature any longer, in which case we will use commercially reasonable efforts to notify you in advance; provided that, for purposes of clarity, non-subscribers, including but not limited to former subscribers, do not and will not have access to Subscriber Features unless and until they become paid subscribers. Individual Features and Subscriber Features are tied to your VSCO account, Apple ID, device ID, or other unique identifier we may choose in our sole discretion, and some of these Individual Features or Subscriber Features may be used on multiple devices subject to the restrictions set forth above in the Section entitled “Use of Our Service” under “VSCO Account.”
The foregoing license grant is not a sale of all or any portion of the Service, including but not limited to any Individual Features and Subscriber Features, and VSCO or its third party partners or suppliers, as applicable, retain all right, title, and interest in and to the Service, including but not limited to any Individual Features and Subscriber Features (and any copy thereof).
Summary: Here is the license you need to use our Service.
B. Mobile Software
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. VSCO does not warrant that the Mobile Software will be compatible with your mobile device. VSCO hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one VSCO account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software or use the Mobile Software to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that VSCO may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and VSCO or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. VSCO reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013©(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
Summary: Here is the license you need to use our app.
C. Mobile Software from iTunes
The following also applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and VSCO, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to VSCO as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to VSCO as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, VSCO, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and VSCO acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Summary: If you have issues with our iOS apps, please direct your questions to us.
D. Software Kits and Keys
We may make available computer software to be downloaded from the Service (“Software”). VSCO does not warrant that the Software will be compatible with your computer hardware or operating system. VSCO hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Software on one computer system owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Software or use the Software to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Software to any third party or use the Software to provide time sharing or similar services for any third party; (iii) make any copies of the Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software, features that prevent or restrict use or copying of any content accessible through the Software, or features that enforce limitations on use of the Software; or (v) delete the copyright and other proprietary rights notices on the Software. You acknowledge that VSCO may from time to time issue upgraded versions of the Software, and may automatically electronically upgrade the version of the Software that you are using on your computer system. You consent to such automatic upgrading on your computer system, and agree that the terms and conditions of this Agreement will apply to all such upgrades and any Software for which the upgrade is provided. Any third-party code that may be incorporated in the Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Software or any copy thereof, and VSCO or its third party partners or suppliers retain all right, title, and interest in the Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. VSCO reserves all rights not expressly granted under this Agreement. If the Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Software originates in the United States, and is subject to United States export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and the Service.
Summary: Here is the license you need to use our software kits and keys.
E. Beta Services
We may make available VSCO services, including the Software, Mobile Software, iTunes-Sourced Software, that allow you to access and use certain features, technologies, and/or services that are not yet generally commercially released (collectively referred to as the “Beta Services”). In addition to the other provisions in this Agreement, the following additional provisions in this subsection apply to the Beta Services.
The license granted by VSCO under this Agreement with respect to the Beta Services will automatically terminate upon the release of a generally commercially available version of the applicable Beta Services or will terminate as otherwise set forth in this Agreement or as determined by VSCO (“Beta Period”). For the avoidance of doubt, the license is subject to the below restrictions, and VSCO may revoke your license to the Beta Services or modify the permitted use of or suspend your access to any Beta Services at any time and for any or no reason.
You acknowledge that the Beta Services, their existence, their features, their capacities, their capabilities, their thresholds, their limitations, and their mode of operation, any related materials provided by VSCO, any beta test results compiled by you, and other technical, business, product, marketing, and financial information, plans, and data relating to the Beta Services are the confidential information of VSCO (“Beta Confidential Information”). You agree (i) to hold the Beta Confidential Information in strict confidence, (ii) not to disclose any Beta Confidential Information to any third parties except as authorized by VSCO in writing, and (iii) not to use any Beta Confidential Information for your own use or for any purpose except as permitted under this Agreement including testing the Beta Services and providing feedback with respect to such Beta Services to VSCO. You agree to take all practicable measures to protect the secrecy of Beta Confidential Information and avoid disclosure or use of Beta Confidential Information other than expressly authorized herein, which measures will take the form of the highest degree of care that a reasonable person would apply to protect his, her, or its own information of a similar nature and importance. You agree promptly to notify VSCO in writing of any misuse or misappropriation of Beta Confidential Information that may come to your attention. All copies of electronic information and data, or tangible items including documents and magnetic media, containing or embodying Beta Confidential Information will be permanently destroyed upon the expiration or termination of the Beta Period or as otherwise requested by VSCO.
THE BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, FOR THE AVOIDANCE OF DOUBT, VSCO IS PROVIDING THE BETA SERVICES TO YOU “AS IS.” VSCO MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE BETA SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VSCO DOES NOT WARRANT THAT THE BETA SERVICES WILL BE ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME.
Summary: We may make Beta Services available to you. If you choose to use such services, you understand that the services may not perform as expected and you should use those services and any information about them in a confidential manner unless we tell you otherwise.
Certain components of the Service and Mobile Software are subject to separate license terms, including “free” or “open source” software (“Separately Licensed Code”). As required by the terms of the relevant Separately Licensed Code licenses, VSCO presents the list of such products and the modifications we made to it.
The components of software referenced on this page have been provided under one or more open source licenses, and the list is complete to the best of our knowledge. If you believe any additional products should be provided under the applicable open source license, please contact us at firstname.lastname@example.org and provide in detail the product or code module in question. VSCO is committed to meeting the requirements of the open source licenses including the GNU General Public License (GPL).
Library License Type Contributor Apache Commons Codec Apache License Apache Software Foundation Apache HTTPComponents Apache License Apache Software Foundation Apache Commons Logging Apache License Apache Software Foundation Apache Sanselan Apache License Apache Software Foundation Google GSON Project Apache License Apache Software Foundation The Android Open Source Project Apache License The Android Open Source Project Android Exif Extended Apache License Alessandro Crugnola TagSoup Apache License Ian Leslie XMP Toolkit Software BSD License Adobe Systems Incorporated Spongy Castle MIT X11 License Roberto Tyley
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “VSCO Content”), and all Intellectual Property Rights related thereto, are the exclusive property of VSCO and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any VSCO Content. Use of the VSCO Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
For your reference, the following is a non-exhaustive list of VSCO’s trademarks:
- VISUAL SUPPLY COMPANY®
- VISUAL SUPPLY CO.℠
- VISUAL SUPPLY CO. Logo:
- VSCO Logo:
- VSCO ARTIST INITIATIVE℠
- VSCO ARTIST INITIATIVE Logo:
- VSCO JOURNAL℠
- VSCO FILM®
- HONOR ART & ARTIST℠
- IF WE WIN, WE WIN TOGETHER℠
- ALWAYS MOVING FORWARD℠
- DIGITAL CREATIVE AGE℠
- LET’S BUILD SOMETHING BEAUTIFUL TOGETHER®
You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Service, including without limitation about how to improve the Service or our other products or businesses (“Ideas”). You hereby grant to VSCO a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Ideas in connection with the Service and any of VSCO’s other products, technology, services, specification or other documentation.
USING VSCO’S LOGO TO SHARE YOUR VSCO PROFILE
If you need to refer to VSCO to discuss it, describe your VSCO profile, or describe your use of VSCO’s services, always refer to VSCO as “VSCO” without any modification, with capital letters, and in the same font size as the surrounding content. Do not use VSCO’s logo in a sentence or in text as a substitute for “VSCO.”
The official VSCO logo may be downloaded from vsco.co/share and used online to link to your VSCO profile from third party apps or websites, provided that the use adheres to this Agreement including the guidelines below:
- Use only the official VSCO logo downloaded from vsco.co/share.
- The link you associate with the VSCO logo must be a link to your VSCO profile on the VSCO website.
- Use the logo in a way such that it is apparent from the context that it is VSCO’s brand and in a way that is clean and uncluttered; we reserve the right to ask you to alter, change, or discontinue your use of VSCO’s logos, trademarks, or brand at any time.
- Do not modify VSCO’s trademarks in any way, such as by changing the color or design of the VSCO logo that VSCO has authorized for use on third party apps or websites.
- Do not combine any part of VSCO’s trademarks with any other name, mark, domain name, username, design, logo or generic terms.
- Do not use VSCO’s trademarks in a way that implies partnership, sponsorship, or endorsement with, by, or from VSCO.
- Do not use names, marks, domain names, usernames, social media handles, designs, logos or other content that could be confused with VSCO’s trademarks.
- Do not assert rights over VSCO’s trademarks whether by trademark registration, domain name registration, usernames, social media handles, or any other medium.
When in doubt, contact VSCO directly at email@example.com to request permission.
A. Billing Policies
Certain products or services offered on or through the Service may be provided for a fee or other charge. If you elect to purchase products or services on or through the Service, or to use paid aspects of the Service, you agree to the applicable pricing and payment terms, as we may update them from time to time. Our current pricing and payment terms are listed here: vsco.co/x. VSCO may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees will apply solely on a forward-looking basis beginning on your next billing period.
If you elect to purchase one of our subscription offerings, by purchasing such offering, you authorize us or our third-party service provider to charge you a subscription fee at the then-current rate, and any other charges that you may incur in connection with your use of the Service via the payment method you provide us. The subscription fee will be billed at the beginning of the paying portion of your subscription and at regular intervals thereafter equal to the length of your subscription unless and until you cancel your subscription. Subscription fees are earned upon payment. We reserve the right to change the timing of our billing, including but not limited to if your payment method has been rejected or is otherwise not successfully settled. Your renewal date may change due to changes in your subscription.
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.
Certain subscription offerings may offer a free trial prior to charging your payment method, the period of which will be communicated to you via the Service. If you decide to unsubscribe from such a subscription before VSCO starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period.
B. No Refunds
THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE AND WE ARE NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS. In addition, you may cancel your VSCO account at any time; however, there are no refunds for cancellation. In the event that VSCO suspends or terminates your account or this Agreement for your breach of this Agreement or any part thereof (e.g., for your breach of our Community Guidelines), you understand and agree that you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Following your cancellation of a subscription, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (each a “credit”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Our provision of any credits does not entitle you to any future credits, whether for similar instances or otherwise.
C. Risk of Loss
D. Payment Information; Taxes
Summary: These are our payment and refund terms.
DISCLOSURE OF MATERIAL CONNECTION
VSCO may be compensated if you click on a link and purchase one or more of the products or services recommended to you on this site or in an email, blog, or other online posting sponsored by us. In addition, some of the endorsements made on this site, or on our affiliates’ sites, may be made by persons who have a financial or other interest in VSCO Company or its products or services. You acknowledge that Artifact Uprising LLC ("AU") is a wholly owned subsidiary of VSCO and is one of VSCO’s businesses, and that VSCO and AU may benefit from promotions of each other's goods and services. For more information, please see our Disclosures page. This disclosure is made pursuant to 16 CFR, Part 255 of the Federal Trade Commission’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
NO PROFESSIONAL ADVICE
If the Service provides professional information (for example, professional referrals, tutorials, guides, etc.), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is qualified in the applicable area.
VSCO cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is VSCO’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). To review VSCO’s DMCA Policy, please click here.
You agree to defend, indemnify and hold harmless VSCO and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VSCO OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, VSCO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
VSCO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VSCO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND VSCO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VSCO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL VSCO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VSCO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL VSCO, ITS 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 THE AMOUNT YOU PAID TO VSCO HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VSCO HAS 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.
The Service is controlled and operated from its facilities in the United States. VSCO makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
ARBITRATION AND GOVERNING LAW:
For any dispute you have with VSCO, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event that VSCO has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to your use of the Services or this Agreement or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VSCO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
B. Governing Law
You agree that: (i) the Service will be deemed solely based in California; and (ii) the Service will be deemed a passive host that does not give rise to personal jurisdiction over VSCO, either specific or general, in jurisdictions other than California. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Alameda County, California or the United States District Court for the Northern District of California, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by VSCO without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to the Agreement
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with VSCO in connection with the Service, will constitute the entire agreement between you and VSCO concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word including means including but not limited to.
D. No Waiver
No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and VSCO’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.
Please contact us with any questions regarding this Agreement.
This Agreement was last modified on December 7, 2016.