Last update: December 24 ͭ ͪ, 2020

Please read these terms of use carefully. By accessing or using any PHOTOISTIC website or mobile application (or any content, product, service, or feature available through the website or mobile application, including the embedded viewer) (collectively, the “Site”), you agree to comply with and be bound by the terms described herein and all terms, policies, and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific product, service or feature (collectively, the “Site Terms”). If you do not agree to all of these terms, do not use the Site.

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with PHOTOISTIC, its subsidiaries, or affiliates, and to the extent of any conflict, the terms of your content license agreement shall prevail. By using the Site, you represent and warrant that you are 18 years of age or older and that you are legally capable of agreeing to these Site Terms. If you are using the Site on behalf of any entity, you also represent and warrant that you are authorized to accept these Site Terms on behalf of such entity and that such entity agrees to indemnify PHOTOISTIC for violations of these Site Terms.

Privacy Policy

PHOTOISTIC is committed to protecting your privacy. Please see our Privacy Policy for information on how we collect, use, and disclose personal information.

Ownership of the site and its content

The site is owned by PHOTOISTIC. Unless otherwise indicated, all content appearing or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“PHOTOISTIC Content”), is owned by PHOTOISTIC, its licensors or its third-party image partners. All elements of the Site, including the PHOTOISTIC Content, are protected by copyright, trade dress, moral rights, trademark, and other laws relating to the protection of intellectual property.

Use of the site

The site and content of PHOTOISTIC are intended for customers of PHOTOISTIC. You may not use the Site or the Content of PHOTOISTIC for any purpose that is not related to your business with PHOTOISTIC. It is specifically prohibited: (a) download, copy or retransmit any or all of the Site or the PHOTOISTIC Content without, or in violation of, a license or written agreement with PHOTOISTIC; (b) use any data mining, robots or similar methods of data collection or extraction; (c) manipulate or otherwise display the Site or PHOTOISTIC Content using “framing” or similar navigation technology; (d) register, subscribe, unsubscribe or attempt to register, subscribe or unsubscribe any party to any PHOTOISTIC product or service if not expressly authorized by such party to do so; (e) reverse engineer, alter or modify any part of the Site or PHOTOISTIC Content; (f) circumvent, disable or otherwise interfere with security-related features of the Site or any resource system, services or networks connected to or accessible through the Site; (g) sell, license, lease or otherwise market the Site or PHOTOISTIC Content without specific written authorization from PHOTOISTIC; and (h) use the Site or PHOTOISTIC Content other than for its intended purpose. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including without limitation those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Mexico or the country in which you reside.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, PHOTOISTIC has adopted a policy of terminating, in appropriate circumstances and at PHOTOISTIC’s sole discretion, account holders who infringe the intellectual property rights of PHOTOISTIC or any third party.

Copyright complaints

If you believe that any material on the Site infringes a copyright that you own or control, you may file a notice of such infringement with our Designated Agent as set forth below:

PHOTOISTIC

Col. Polanco, Miguel Hidalgo, CDMX

Trademarks

PHOTOISTIC Trademarks, the PHOTOISTIC logo, and any other product or service name or slogan contained on the Site are trademarks of PHOTOISTIC and its suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PHOTOISTIC or the owner of the trademark concerned. 

You may not use meta tags or any other “hidden text” using “PHOTOISTIC” or any other name, trademark or product or service name of PHOTOISTIC without our prior written permission. In addition, the appearance of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of PHOTOISTIC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Links

You may not use PHOTOISTIC’s logo or any other graphics owned by PHOTOISTIC to link to the Site without the express written permission of PHOTOISTIC. In addition, you may not frame any trademark, logo, or other proprietary information, including PHOTOISTIC’s content, without PHOTOISTIC’s express written consent.

PHOTOISTIC makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site, or websites with links to the Site. Such sites are not under the control of PHOTOISTIC and PHOTOISTIC is not responsible for the content of any linked site or any link contained in a linked site, or any review, change or update of such sites. PHOTOISTIC is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by PHOTOISTIC of any site or any information contained therein. When you leave the site, you should note that our terms and policies no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any site to which you navigate from the Site.

Your participation, correspondence, or business dealings with any third party found on or through the Site, regarding payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that PHOTOISTIC shall not be liable for any loss, damage, or other matters of any kind incurred as the result of any such dealings.

Built-in Viewer

If enabled, you can embed PHOTOISTIC content into a website, blog, or social media platform using the embedded viewer (the “Embedded Viewer”). Not all PHOTOISTIC content will be available for embedded use, and availability may change without notice. PHOTOISTIC reserves the right, at its sole discretion, to remove PHOTOISTIC Content from the embedded Viewer. Upon request, you agree to take immediate action to stop using the Embedded Viewer and/or the PHOTOISTIC Content. You may only use the embedded PHOTOISTIC Content for editorial purposes (ie in connection with events of public interest or news). You may not use the embedded PHOTOISTIC Content: (a) for any commercial purpose (e.g. in advertising, promotions, or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restrictions; (c) in a defamatory, pornographic or otherwise illegal manner; 

or (d) outside the context of the integrated viewer.

PHOTOISTIC (or third parties acting on its behalf) may collect data related to the use of the Embedded Viewer and PHOTOISTIC’s embedded Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

Registration data and account security

In consideration of your use of the Site, you agree: (a) provide accurate, current, and complete information about you as may be required by any registration form on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify PHOTOISTIC immediately of any unauthorized use of your account or any other breach of security; (e) accept full responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company.

Method of Payment

All payments must be made in United States dollars. Credit and debit cards. You can pay by VISA and MASTER CARD credit card from This will notify us by email support@photoistic.net when you have made your payment. Upon notification, within 48 hours your payment will be validated to begin processing your order

Compensation

You agree to defend, indemnify and hold harmless PHOTOISTIC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, and independent contractors against any claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising from or relating to any User Content you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or any representations or warranties contained therein your unauthorized use of PHOTOISTIC Content, or your violation of any rights of another.

Disclaimer of Liability

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE PHOTO CONTENT, ARE PROVIDED “AS IS” AND THE PHOTOS AND THEIR DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PHOTOISTIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR PHOTOISTIC’s CONTENT, OR THE INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. 

THE FUNCTIONS INCORPORATED IN OR IN THE MATERIALS OF THIS SITE ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR-FREE. YOU, NOT PHOTOISTIC, ASSUME THE TOTAL COST OF ALL SERVICE REQUIREMENTS, REPAIRS, OR CORRECTIONS DUE TO YOUR USE OF THIS SITE OR THE CONTENT OF PHOTOISTIC. WE DO NOT WARRANT THAT THE SITE OR THE CONTENT OF THE PHOTOS ARE FREE OF INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. PHOTOISTIC makes reasonable efforts to ensure the accuracy, correctness, and reliability of PHOTOISTIC content, but we make no representations or warranties as to the accuracy, correctness, or reliability of PHOTOISTIC content.

PHOTOISTIC offers a search function within the site. PHOTOISTIC explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. PHOTOISTIC also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some states in the United States and foreign countries do not allow the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the above limitations may not apply to you to the extent that they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL PHOTOISTIC, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, Whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content of the photos or the materials contained in or accessed through the site, INCLUDING WITHOUT LIMITATION ANY DAMAGE CAUSED OR RESULTING FROM THE USER’S RELIANCE ON ANY INFORMATION OBTAINED FROM THE FIRST PHOTOS, OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, MISTAKES, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, LACK OF COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDINGS, PROGRAMS OR SERVICES IN THE FIRST PHOTOS. IN NO EVENT SHALL PHOTOISTIC’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATED TO THE USE OF THE SITE EXCEEDS ANY COMPENSATION YOU PAY, IF ANY, TO THE PHOTOGRAPHS OF ACCESS TO OR USE OF THE SITE.

Applicable law and venue

These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the laws of Mexico.

Completion 

Notwithstanding any of these Site Terms, PHOTOISTIC reserves the right, without notice and at its sole discretion, to terminate your account and/or block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if made in writing and signed by PHOTOISTIC. If any clause of these Site Terms is found to be unenforceable, where possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to the Site Terms

PHOTOISTIC reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and at its sole discretion. When we make changes, we will review the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting to the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of those changes. We encourage you to review the Site Terms each time you visit one of our websites.

Refunds

Refunds (if applicable) If approved, then your refund will be processed and a credit automatically applied to your credit card or original method of payment, within 30 days. If you have done all of this and still have not received your refund, please contact us.