Terms of Use

Last Updated: August 7, 2023

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement (“Terms”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Photo Studio 308 LLC, Inc. or any of its subsidiaries (collectively, and including such entities operating under any other names (including Setter), “Photo Studio 308 LLC,” “we,” “our,” or “us”) or through Photo Studio 308 LLC and the entirety of your relationship with Photo Studio 308 LLC. YOU UNDERSTAND AND AUTHORIZE PHOTO STUDIO 308 LLC TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Photo Studio 308 LLC reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Photo Studio 308 LLC will notify you of changes by posting on the Photo Studio 308 LLC Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Photo Studio 308 LLC’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Photo Studio 308 LLC’s Privacy Policy , incorporated herein by reference, for information and notices concerning Photo Studio 308 LLC’s collection and use of your information. The provision and delivery of text messages by Photo Studio 308 LLC or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. The “Photo Studio 308 LLC Guarantee” is governed by the Photo Studio 308 LLC Guarantee Terms and Conditions, which are expressly incorporated herein. Please review the full set of key Photo Studio 308 LLC policies that govern your use of the Platform and our interactions with you and third-parties. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

“Collective Content” means User Content and Photo Studio 308 LLC Content together.

“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

“Consumer” means a User who is registered to search for Service Professionals on the Platform, seeks Pro Services from Service Professionals on the Platform, makes a booking with a Service Professional to purchase a Pro Service (or receive a quote in contemplation thereof), is registered for or undergoes a home specialist consultation or similar service with respect to their home, utilizes a Photo Studio 308 LLC plan to track maintenance on a home, is a Photo Studio 308 LLC member, or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of Pro Services. Because a Consumer may be, or may become, a customer of a Service Professional, a Consumer is often referred to as a “customer” or a “Customer” on the Platform and in marketing materials related to the Platform.

“Fee” means any amount charged by Photo Studio 308 LLC to a User in connection with the Platform.

“Platform” means all Photo Studio 308 LLC websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Photo Studio 308 LLC.

“Privacy Policy” means the Photo Studio 308 LLC Privacy Policy located at https://www.photostudio308.com/privacy-policy/ /, including any amendments, supplements or modifications thereto made from time to time.

“Pro Services” means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.

“Service Professional” means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services. Service Professionals are often referred to as “pros” on the Platform.

“Photo Studio 308 LLC Content” means all Content Photo Studio 308 LLC makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.

“User” means a person or entity who completes Photo Studio 308 LLC’s account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Photo Studio 308 LLC, including but not limited to Service Professionals and Consumers.

“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Photo Studio 308 LLC Content and Feedback.

ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.

Photo Studio 308 LLC does not sell or otherwise provide Pro Services. Photo Studio 308 LLC may directly provide project consultations and related on-Platform services to Consumers, but any Pro Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Professional without any representation or warranty from Photo Studio 308 LLC other than as expressly provided for herein. Photo Studio 308 LLC also facilitates Pro Service transactions, which facilitation may include displaying a list of Service Professionals profiles, allowing Consumers and Service Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Pro Services, assisting in the selection of a Service Professional for certain Consumers, and processing payment for certain Pro Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Pro Services. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services. Consumers understand that any Pro Services they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Pro Services.

Service Professionals understand and agree that they are customers of Photo Studio 308 LLC, and are not Photo Studio 308 LLC employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Photo Studio 308 LLC does not control, and has no right to control, the services a Service Professional provides (including the details of how the Service Professional provides such services) if the Service Professional is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.

Photo Studio 308 LLC, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a report, without or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Photo Studio 308 LLC’s vendors. Service Professionals agree to inform Photo Studio 308 LLC of any material criminal convictions that occur after any such reports are run.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may register for an Account using certain third-party account and log-in credentials (your “Third-Party Site Password”), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Photo Studio 308 LLC password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Photo Studio 308 LLC immediately of any unauthorized use. Photo Studio 308 LLC is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Photo Studio 308 LLC or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Photo Studio 308 LLC’s written permission and in accordance with Photo Studio 308 LLC policies and procedures.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Photo Studio 308 LLC grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Photo Studio 308 LLC or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by Photo Studio 308 LLC in public advertising. By making available any User Content on or through the Platform, you hereby grant to Photo Studio 308 LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Photo Studio 308 LLC will survive termination of the Platform or your Account. Photo Studio 308 LLC does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Photo Studio 308 LLC the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Photo Studio 308 LLC’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Photo Studio 308 LLC has no obligation to do so, you agree that Photo Studio 308 LLC may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Photo Studio 308 LLC reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.

PROHIBITIONS

As a User of the Platform, you may not:

  • Use another person’s Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Photo Studio 308 LLC’s prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Photo Studio 308 LLC reserves the right to revoke these exceptions either generally or in specific cases);
  • Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
  • Take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Photo Studio 308 LLC or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
  • Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Photo Studio 308 LLC for access to services provided by the Platform or by Service Professionals;
  • Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
  • Violate any applicable laws or regulations;
  • Fail to comply with a User’s requests (including, those made on their behalf by Photo Studio 308 LLC) to no longer receive phone calls, text messages, e-mails or any other communications from you;
  • Recruit, solicit, or contact in any form Service Professionals or Consumers for employment or any other use not specifically intended by the Platform;
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  • Violate in any material respect any Photo Studio 308 LLC policiesthat govern your use of the Platform and our interactions with you and third-parties;
  • Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Photo Studio 308 LLC; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Pro Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;
  • Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Photo Studio 308 LLC mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Photo Studio 308 LLC, (b) offers to purchase a Pro Service or any other service outside of Photo Studio 308 LLC, or (c) using a profile page or User name to promote services not offered on or through the Platform;
  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
  • Fail to perform Pro Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Pro Services (including by refusing to pay);
  • Seek to charge a Consumer for Pro Services when payment has already been, or is scheduled to be, initiated through Photo Studio 308 LLC;
  • Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Photo Studio 308 LLC;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;
  • Agree to purchase a Pro Service when you do not meet a Service Professional’s requirements;
  • Create more than one Consumer or Service Professional Photo Studio 308 LLC account without our written permission;
  • Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;
  • Fail to comply with any applicable laws or regulations related to your use of the Platform;
  • Share a Photo Studio 308 LLC subscription across multiple households;
  • Seek to circumvent the terms of, or abuse, your Photo Studio 308 LLC Subscription;
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
  • Attempt to indirectly undertake any of the foregoing.

TRACKING COMMUNICATIONS

In order to ensure appropriate charging of Fees and compliance with these Terms, Photo Studio 308 LLC may track the occurrence of communications between Consumers and Service Professionals that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Professional. In order to track the occurrence of such communications, Photo Studio 308 LLC may obscure Service Professional contact information in a Service Professional profile, replace Service Professional contact information in a Service Professional profile with a different piece of contact information that will forward to the Service Professional, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Photo Studio 308 LLC Platform unless we first obtain your permission.

If you send text messages with a Consumer or Service Professional using the telephone number for that User available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Photo Studio 308 LLC and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

PHOTO STUDIO 308 LLC SUBSCRIPTION

Photo Studio 308 LLC Leads is a subscription-based, online service available to certain Consumers. If you subscribe to Photo Studio 308 LLC Leads and your account is fully-paid and in good standing, you are eligible to receive benefits, which may change at any time. At the end of your Photo Studio 308 LLC Subscription, your subscription will automatically renew for periods of the same length as your original subscription unless you opt-out at least five business days prior to such automatic renewal by providing notice to Photo Studio 308 LLC by choosing “Cancel” option on your Photo Studio 308 LLC membership page or by contacting Photo Studio 308 LLC customer service. Photo Studio 308 LLC may choose to discontinue the Photo Studio 308 LLC Leads service at any time, in which case subscribers will be refunded a prorated amount of their subscription fee based on the portion of your subscription that has elapsed to that point. Subscribers may cancel their subscription at any time, but the subscription fee is nonrefundable. Photo Studio 308 LLC Subscriptions are subject to these Terms and any information you share in connection therewith is subject to the Privacy Policy. You understand that if you violate the Terms, Photo Studio 308 LLC may terminate your Photo Studio 308 LLC Subscription without any refund of your Photo Studio 308 LLC Subscription fee or otherwise.

PHOTO STUDIO 308 LLC PROMOTIONS

You may receive certain offers from Photo Studio 308 LLC (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period, discounts on or credits towards payments made for Pro Services, and discounts or credits in relation to referrals. Any Promotions are offered at Photo Studio 308 LLC’s discretion, and may be revoked at any time and for any reason. Note that any attempt (as determined by Photo Studio 308 LLC in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Photo Studio 308 LLC offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Photo Studio 308 LLC. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Photo Studio 308 LLC may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

SPONSORED INFORMATION

Photo Studio 308 LLC may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Service Professionals may compensate Photo Studio 308 LLC to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. Photo Studio 308 LLC may impose certain quality-related standards for Service Professionals to qualify as for a search rankings boost, which standards may be enforced and/or changed at any time.

DISPUTES BETWEEN OR AMONG USERS

Photo Studio 308 LLC values our Service Professionals and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Photo Studio 308 LLC’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Photo Studio 308 LLC or a neutral third-party mediator or arbitrator selected by Photo Studio 308 LLC. Notwithstanding the foregoing, you acknowledge and agree that Photo Studio 308 LLC is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

INTELLECTUAL PROPERTY RIGHTS

Photo Studio 308 LLC Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Photo Studio 308 LLC and our licensors exclusively own all right, title, and interest in and to the Platform and Photo Studio 308 LLC Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Photo Studio 308 LLC used herein are trademarks or registered trademarks of Photo Studio 308 LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning Photo Studio 308 LLC or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Photo Studio 308 LLC and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.

NO ENDORSEMENT OR WARRANTY

Photo Studio 308 LLC does not endorse, warrant or make any representation (except those expressly and unambiguously made by Photo Studio 308 LLC directly on the Platform) concerning any User, or any Pro Services, and Photo Studio 308 LLC is not a party to any agreements between or among users, Users, or third-parties. Photo Studio 308 LLC does not perform Pro Services and disclaims all liability with respect thereto except to the extent expressly set forth in the Photo Studio 308 LLC Guarantee. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or User’s use of any part of the Platform, including but not limited to any scheduling or other services. Neither Photo Studio 308 LLC nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Photo Studio 308 LLC may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Photo Studio 308 LLC services they are using or any involvement by Photo Studio 308 LLC personnel in providing or scheduling those services.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Photo Studio 308 LLC. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Photo Studio 308 LLC with respect to such actions or omissions.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Photo Studio 308 LLC Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Photo Studio 308 LLC support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination.

GOVERNING LAW

The Terms and the relationship between you and Photo Studio 308 LLC will be governed in all respects by the laws of the state of New York, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Photo Studio 308 LLC that is not subject to arbitration must be resolved by a court located in Manhattan, New York.

DISCLAIMERS

YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT PHOTO STUDIO 308 LLC DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PHOTO STUDIO 308 LLC AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. PHOTO STUDIO 308 LLC MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PHOTO STUDIO 308 LLC ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. PHOTO STUDIO 308 LLC WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTO STUDIO 308 LLC OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, SERVICE PROFESSIONALS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT PHOTO STUDIO 308 LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. PHOTO STUDIO 308 LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. PHOTO STUDIO 308 LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.

PHOTO STUDIO 308 LLC MAY PROVIDE TO SERVICE PROFESSIONALS PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND PHOTO STUDIO 308 LLC MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PHOTO STUDIO 308 LLC OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER PHOTO STUDIO 308 LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOTO STUDIO 308 LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF PHOTO STUDIO 308 LLC AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO PHOTO STUDIO 308 LLC BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Photo Studio 308 LLC and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Photo Studio 308 LLC and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor 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.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

GENERAL

Force Majeure: Other than payment obligations, neither Photo Studio 308 LLC nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent: You agree that Photo Studio 308 LLC may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Photo Studio 308 LLC, Consumers, Service Professionals, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Photo Studio 308 LLC, Consumers, Service Professionals, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to booking@photostudio308.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Photo Studio 308 LLC on the Platform, will constitute the entire agreement between you and Photo Studio 308 LLC concerning the Platform or Pro Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms, which will remain in full force and effect.

Waiver: No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term, and Photo Studio 308 LLC’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to booking@photostudio308.com.

CANCELLATION AND REFUND POLICY FOR MODELING PROGRAMS
Revised August 27, 2023

PLEASE READ AND ENSURE YOU UNDERSTAND THE FOLLOWING REFUND POLICY WHEN PURCHASING AT PHOTOSTUDIO308.COM OR ANY OF ITS ASSOCIATED SITES OR PAGES.

CANCELLATION PERIOD (RIGHT TO RESCIND)

Intro to success path training purchases may be cancelled without penalty or obligation within 30 days from processing of payment. All other purchases may be cancelled without penalty or obligation within 24 hours from processing of initial payment/installment. Processing of initial payment is defined based upon the method of payment, as follows:

For payments made via credit/debit card, processing means upon the completion of a successful checkout transaction on the company’s payment portal/checkout page, whether processed by the Client/Purchaser on the payment portal/checkout page directly, or upon instruction from the Client/Purchaser to an authorized representative of the Company via phone, video conference, or in writing.

For payments made via ACH/Wire, processing means upon the Company’s receipt of payment
For payments made via certified Check, processing means upon receipt of such check by the Company

REQUEST FOR CANCELLATION
Requests for cancellation must be received by the Client/Purchaser within the stated cancellation period in writing at booking@photostudio308.com. Requests submitted through any other method of communication are not accepted, and shall not constitute a valid request for cancellation.

CANCELLATION AFTER CANCELLATION PERIOD
Following the Cancellation period, no right of cancellation or refund exists due to the electronic nature and immediate accessibility and/or delivery of the Company’s products, therefore any cancellations are at the Company’s sole and absolute discretion. The Client/Purchaser understands and agrees that all payments are final, except as explicitly described in their Purchase Agreement

Because it would be extremely difficult and impractical to assess damages suffered by the Company in the event of default or termination of such Purchase, and due to the digital nature and immediacy of availability, the Client/Purchaser must understand and agree that all funds paid are non-refundable beyond the stated Cancellation period.

DEFAULT ON PURCHASE AGREEMENT: FAILURE TO MEET PAYMENT OBLIGATION
In the event of a default and failure by the Client/Purchaser to fulfill upon the purchase obligation in their Purchase Agreement, a credit will be issued for the value of funds paid. Such credit amount is non-cancellable, non-refundable and expires six (6) months from the date of issue. Once applied to a new purchase, credit funds are not subject to any new cancellation or refund period.

Contacting PHOTO STUDIO 308
Users are encouraged to contact us with any questions or concerns. Support is available via telephone during normal business hours, Monday through Friday between 10:00 am – 5:00 pm ET at (347) 618-1852, or via email at booking@photostudio308.com.