This is a legally binding agreement between the licensee ("you") and Photobash that outlines your rights to use and license the products available on our website. By purchasing, downloading and using content or certain services made available by Photobash, you agree to accept the terms of this License Agreement.
1. Definitions
Terms frequently used in this agreement are capitalized and have been specified in quotations along with their definitions below:
"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.
"Guest" refers to the purchasing entity, whether that is a natural person or a corporate entity, that purchased from Photobash without using an Account. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Guest user represents.
"Photos" is the collection of one or more digital images or vectors packaged in the form of a product ("Packs", "Images" or "Custom Shapes") on the Site and made available to the License holder or authorized third party in the form of downloadable JPG, PNG, RAW, CSH, ZIP or RAR files.
"Models" is the collection of one or more digital 3D models packaged in the form of a product ("Kits" or "Models") on the Site and made available to the License holder or authorized third party in the form of downloadable OBJ, FBX, ZIP or RAR files.
"Content" refers to Photos and Models and/or any other digital files, including but not limited to: Packs, Images, Custom Shapes, Kits and Models, made available on the Site.
"Creations" refers to any work created by you or your employees that incorporates Content and to which you or the entity for which you have created them owns the copyrights and which by itself can qualify as an original work of authorship. This includes but is not limited to any final product which does not constitute or very closely resemble the original Content and is sufficiently modified or incorporated.
"License" refers to this agreement and its terms in particular and to which the purchasing entity constitutes acceptance of the rights and restrictions specified herein.
"License Type" (Freelance, Indie, Studio) refers to the License specifications and particular rights and/or restrictions that are based on the purchasing entity's personal, professional and/or corporate situation and intended usage of Content.
"Subscription" is an agreement between Photobash and the Account holder that requires a working recurring payment and in return grants additional rights.
2. License Rights & Properties
Content purchased under any License Type grants the licensed user the following rights or contains the following properties:
Royalty-Free: Rights to use the Content are paid once and there are no future fees or payable royalties to Photobash.
Commercial: You may sell and distribute any commercial products or Creations made with the Content.
Perpetual: There is no expiry or end date on your rights to use the Content once a License has been obtained.
Worldwide: Licenses are granted worldwide without any imposed border restrictions or embargoes.
Unlimited: Content can be used for any amount of commercial, non-commercial or educational purposes and projects.
Non-Exclusive: You do not have exclusive rights to use the Content. Photobash reserves the right to license the same Content to other users.
Ownership: You are not granted title or ownership to Content. The copyright to the Content remains with Photobash.
No Editorial: Editorial usage of unmodified Content is not permitted under this License.
Content can be used freely and is intended for incorporated use in the following types of Creations:
concept art, illustration, matte painting, video games, movies & film, television shows, VFX, CGI, 3D scenes and models, arch-viz, pre-visualizations, VR products, graphic design, multimedia projects, advertising, presentations, mobile & web design, art books, event flyers, posters, brochures and any other digital or printed media where our Photos or Models are incorporated and do not comprise the primary value of the product's intended sale or distribution.
3. License Types
Photobash offers three main License Types when purchasing Content:
Freelance License:
A single user commercial License for a self-employed freelancer, non-professional, hobbyist or student, not working at a company.
1 user per License.
For individuals/single users.
Each Account (email address) is limited to one License. It is not possible for a single person to own multiple Freelance Licenses.
Content purchased under this License may not be used in a situation that would require a different License.
Freelance Licenses cannot be bought on behalf of another individual, company or Account, the purchaser must remain the sole user of the licensed Content.
Individual users and sole proprietors are not permitted to purchase different Licence Types on behalf of entities or companies and are limited to purchasing Freelance Licenses only.
You are not permitted to share or distribute the original Photos or Models to any third parties for any purpose whatsoever.
If you wish to use Photos or Models as an employee or during any extended in-house position, please ask your employer to purchase the appropriate Indie or Studio License.
In case you're requested to share original Photos or Models with your client when submitting Creations made by you, your client must purchase a separate License for the Content you're sharing.
Indie License:
A multi-user commercial License for an independently funded studio.
5 users per License.
For small studios or developers with a total company size of max 5 people. For larger companies please use a Studio License.
Each License covers 5 users, only 1 License can be purchased per Indie company.
Each Account (email address) is limited to one License.
Employees using Content under this License may be interchanged only if previous users are no longer employed by the License holder.
Photos or Models purchased under this License may not be used or stored off-site by employees for purposes outside those of the License holder's projects.
Photos or Models may not be shared/stored in their unmodified form and/or Accounts may not be accessed by any party that does not directly or no longer belong to the License holding entity.
Permitted amount of users that may use Content using downloaded offline versions is max 5 per purchased License (no Subscription).
It is not permitted to purchase different Licence Types on behalf of individuals or companies for entities or Accounts that fall under the Indie License scope.
Indie Accounts without any active Subscription are automatically restricted to a single user login and may only be operated and accessed by an authorized Account representative or admin.
You must have an active Indie Subscription to be granted multi-user login rights, or any rights, to use the Site or its features and services as an employee or end user of the Content.
Permitted amount of users that may login, access or download via Accounts and use our Site services is determined by the amount offered through an active Subscription and number of available logins displayed in the user Dashboard.
The rights granted by this License apply only to the single legal entity under and for which they were purchased. It does not grant usage rights for outsourcing partners, affiliate companies, former employees or off-site contractors.
Studio License:
A multi-user commercial License for a corporate production company developing games, movies or other media.
5 users per License.
1 branch per License.
For large studios, developers or production companies.
Each license covers 5 users and 1 branch. Additional licenses must be purchased for more users or multiple branches. Alternatively, an active Custom Studio Subscription with the desired user/branch amount can be requested.
Licenses may be purchased on behalf of an affiliate or parent/child company. The single entity for which the License was purchased shall remain the sole License holder and the License cannot be changed or transferred to the other affiliate companies or branches. In order to share Content, additional Licenses must be purchased by or on behalf of the requesting party.
It is not permitted to purchase Freelance Licence Types on behalf of individuals, however Indie Licenses may be purchased on behalf of a child company that falls under the Indie License scope.
Employees using Content under this License may be interchanged only if previous users are no longer employed by the License holding entity and access to the Content has been restricted.
Content may be used by on-site contractors/freelancers doing in-house work. Off-site contractors are not allowed access to Content. In such case the contractor will count towards the user quota of your License.
Photos or Models purchased under this License may not be used or stored off-site by employees or otherwise used for any purpose whatsoever outside those of the License holder's projects.
Photos or Models may not be shared/stored in their unmodified form and Accounts may not be accessed by any party that does not directly or no longer belong to the License holding entity.
Permitted amount of users that may access or use Content under a Studio License using downloaded offline versions is max 10 per purchased License, unless otherwise specified.
Permitted amount of users that may login, access or download Content under a Studio License via Accounts and using our Site services is determined by the amount offered through an active Subscription and number of available logins displayed in the user Dashboard.
Studio Accounts without an active Subscription are automatically restricted to a single user login and may only be operated and accessed by an authorized Account representative or admin.
You must have an active Subscription to be granted multi-user login rights, or any rights, to use the Site or its features and services as an employee or end user of the Content.
Studio Accounts can request a Custom Studio Subscription on our Pricing page and determine exactly how many licensed users as well as logins they require. Your Account's Studio license will be extended to the requested amount of licensed users. Your Custom Studio Subscription must be active for these privileges to apply. When your Subscription expires your License rights will be reverted to the default of 5 and user logins to 1.
Licenses do not grant usage/storage rights for outsourcing partners, affiliate companies, subcontractors, former employees, subsidiaries or any branches/entities that share the name but not the same physical address or location of the License holding entity. This restriction does not prohibit affiliate companies from distributing or otherwise commercializing Creations on behalf of the License holding entity.
The rights granted by this License apply only to the single legal entity or company branch under or for which they were purchased.
Site available Studio licenses apply to companies with a max annual revenue of a hundred million USD. For Enterprise licensing, please contact us.
Enterprise License:
The Enterprise License is an extended Studio license for large corporations. It carries all the same features as a regular Studio license, but applies to companies with an annual gross revenue of 10 million USD or more. For Enterprise licensing, please contact us.
4. Choosing the License Type
When creating a Photobash Account or whenever purchasing Content as a Guest, the License Type (Freelance, Indie or Studio) that best corresponds with your current personal, professional and/or corporate situation as well as the intended future usage for said Content must be selected. You warrant that, to the best of your knowledge, you have selected the License Type that represents the most accurate situation under which you intend to license and use purchased Content and that you will continue to operate in accordance with the requirements specified in this agreement. In the case that your current license no longer covers the intended usage or falls within the scope of a different license, you agree to cease usage of Content under that license and/or to purchase a new license in order to comply with this agreement.
Please note that once Content has been purchased under a specific License Type the following restrictions apply:
Non-transferable. Licenses cannot be modified or transferred to a different user or different License Type.
Change of Usage. A new License must be purchased if the Content's intended usage no longer matches its License restrictions and requirements or if the Creation's intended usage does not match the License Type under which they were purchased.
5. License Restrictions
If Content is found to be used in an unauthorized way, Photobash may, at its own discretion, terminate your Account, its associated purchases, your License rights as well as limit access to our services or pursue other penalties, damages, losses, and profits as Photobash is entitled to under this agreement or by law or equity.
The following lists uses that are explicitly prohibited:
Incorrect License. You may NOT use or purchase Content under the incorrect License. Doing so may violate our policies and could void your License rights and/or lead to Account termination.
Re-Distribution. You may NOT sell, share, re-distribute, publish, or otherwise make Photos or Models available to any third party except as incorporated in the form of permitted Creations, or when shared in a manner specifically authorized in this agreement.
Competitive Products. You may NOT use Photos or Models in any way or for any purpose that may directly compete with Photobash, the Site, its services or the Content itself.
Group Buying. You may NOT collect funds to purchase and/or share Content with one or more other parties, or to fund Subscriptions.
Generative AI Data. You may NOT use Content to train generative AI models or use Content to feed as a base image to generative AI software or services.
Sharing Accounts. You may NOT share or provide access to Accounts or its associated Content other than to those authorized under the conditions and terms of this agreement.
Obscene/Unlawful Use. You may NOT use Content in a pornographic, defamatory, obscene, racist or otherwise unlawful manner, or in violation of any applicable regulations.
False Attribution. You may NOT falsely represent yourself as the creator or author of Photos or Models.
Stockpiling. You may NOT download Photos or Models excessively in a way that suggests in our reasonable discretion that you are attempting to stockpile, mirror or otherwise copy the Site or its Content.
Commercial Printing. You may NOT use Photos directly for printing or reselling on any physical merchandise including cards, posters, photo books, etc... in their original or unmoddified form.
Photobash reserves the right to investigate its customers in order to prevent violations and may inquire to provide certain information, documents or other forms of proof to help verify the License holder's legitimacy.
6. License Termination
Your License is perpetual, meaning there is no expiry or end date on your rights to use the Content once it has been purchased, unless terminated as a result of any of the conditions described below:
Chargeback. Any reversal of transaction notice we receive from your bank, credit card issuer or Paypal may temporary or permanently terminate any and all rights granted under this agreement.
Technological Failure. If a payment or transaction was unsuccessful but Content was accessible through a technological failure or bug your rights and access to Content and/or Account may be restricted until the issue has been resolved.
Outstanding Debtor. Failure to remit payment for an overdue invoice beyond a two-month period from the date of issuance shall constitute a material breach of any prior agreements.
Violation of Terms. Any violation of our License Agreement or Terms & Conditions may terminate your License rights immediately and permanently as well as suspend your Account and access to purchased Content.
In case of License termination under one or more of these conditions, you and any third party with access to Content must cease all usage, storage and distribution, and destroy all copies of Content.
7. Changes to Our License Agreement
Photobash reserves the right to change the terms of this agreement at any time. Changes to our License Agreement will only affect Licenses purchased or otherwise obtained after the date of such amendments. The rights and restrictions granted to you are those presented here at the time of your purchase. You can check the “Last updated” date at the top of this page. If there are significant changes to this statement that will affect how our products can be used in the future, users will be notified via email outlining these changes.
We encourage users to review this page on a regular basis to ensure you stay up to date with our agreement terms.
PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singaporeription text goes here
This is a legally binding agreement between ("you") and Photobash regarding the use of our website. Browsing, purchasing or otherwise using any content, software or services made available through the Photobash website constitutes a full acceptance of the below Terms & Conditions as well as our Privacy Policy and License Agreement (when applicable).
1. Definitions
Terms frequently used in this agreement are capitalized and have been specified in quotations along with their definitions below:
"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.
"Photos" is the collection of one or more digital images or vectors packaged in the form of a product ("Packs", "Images" or "Custom Shapes") on the Site and made available to the License holder or authorized third party in the form of downloadable JPG, PNG, RAW, CSH, ZIP or RAR files.
"Models" is the collection of one or more digital 3D models packaged in the form of a product ("Kits" or "Models") on the Site and made available to the License holder or authorized third party in the form of downloadable OBJ, FBX, ZIP or RAR files.
"Content" refers to Photos and Models and/or any other digital files, including but not limited to: Packs, Images, Custom Shapes, Kits and Models, made available on the Site.
"Creations" refers to any work created by you or your employees that incorporates Content and to which you or the entity for which you have created them owns the copyrights and which by itself can qualify as an original work of authorship.
2. Use of the Site
This Site and its Content (Packs, Images, Custom Shapes, Kits and Models) are intended for customers of Photobash. You may only use this Site for lawful purposes and those described and granted under this agreement. It is explicitly prohibited to (a) use the Site or the Content made available for any purpose other than its general intended usage, (b) download, copy, share, attempt to modify or re-transmit any or all of the Site or its Content in any way that violates our License Agreement, Terms & Conditions or Privacy Policy, (c) perform or authorize any data mining, hacking, probing, spidering, crawling, decompiling, or scraping of the Site its Content or its user Accounts, (d) use the Site or its Content for supplying any of its copyrighted data to machine learning or AI training datasets, models or algorithms or as image prompts, (e) use the Site or its Content other than for its intended purpose, as determined solely in Photobash' discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal or privacy rights of others, and/or to publish, post or distribute defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information or (f) interfere with the security of, abuse or attempt to manipulate, hack or otherwise damage this Site or any of its source codes, system resources, services or networks connected to or accessible through this Site.
3. Availability, Purchasing and Delivery
Photobash uses its best endeavors to make the most reliable and safest service available at all times but makes no guarantees about uninterrupted availability of the website or payment/downloading functions. Photobash relies on third party services for hosting and processing payments. Those services may become temporarily unavailable or be subject to restrictions based on your geographical location.
Upon confirmation of any payment made, (a) Credits purchased will be available in your Account to purchase and download Content immediately or (b) you will receive an e-mail from us with instructions on how to download your purchase. Delivery of Credits and/or availability of any additional website features will constitute delivery to you of your purchase. If you receive an e-mail from us with instructions to access your download from a Guest purchase, the receipt by you of the e-mail will constitute delivery of the Content purchased. In case you do not receive an e-mail from us with your download link, or the link provided does not work correctly, you must contact us within 48 hours from the purchase date, or your purchased Content will be considered received, downloaded and delivered to you.
4. Content Usage Restrictions
In accordance with our License Agreement you agree to abide by and respect the following restrictions on Content usage and distribution and you warrant that, to the best of your abilities, you will notify and impose these restrictions upon third parties that are authorized access to Accounts or Content on behalf of you or your corporate entity.
You are NOT permitted to share or distribute Content to unlicensed third parties as a whole or individually.
You may NOT sell or distribute any of the Photos as stock photography, wallpapers, textures or photo references or as part of any other commercialized database or competing service, or any derivative product containing the Photos in such way that would allow a third party to use, download or access original Photos as stand-alone files.
You may NOT use, sell or distribute Photos in an insufficiently modified form; this includes but is not limited to resizing, color correcting, cropping, rotating, flipping, applying filters, by themselves or in a collection or use them for purposes that may compete with the service of this website such as: reference packs, stock photography, texture packs, wallpapers, clipart, etc... When in doubt, we recommend to contact our support team with examples of how you wish to use our Photos in order to confirm if any issue may arise.
You may NOT use Photos directly for printed media or any non-digital derivative product where the Photos comprise the primary value of the product's intended sale or distribution including but not limited to: post cards, calendars, photo books, photography prints, t-shirts, mouse pads, phone cases, etc...
You may NOT use, sell or distribute Models by themselves or in a scene or collection or use them for purposes that may compete with the service of this website such as: model packs, kitbashing sets, 3D scenes, etc... When in doubt, we recommend to contact our support team with examples of how you wish to use our Models in order to confirm if any issue may arise.
You may NOT distribute Photos or Models as incorporated into an item of merchandise if the used Content has not been modified or has not been used in such way or to the extent that the final result is substantially different to the original or until the Creation as a whole can qualify as an original work of authorship, or the primary value of the Creation does not lie with the Content itself.
You may NOT use Content in a pornographic, defamatory or otherwise unlawful manner, or in violation of any applicable regulations or in a way that infringes the copyrights or intellectual properties of others.
5. Intellectual Property Rights
5.1 All materials and the presentation of these, including this Site and all of its downloadable Content are the property of Photobash. Unless otherwise indicated, all material featured, displayed or made available on the Site is owned by Photobash.
5.2 The copyright to purchased Content remains with Photobash. You are granted a right of use that is non-exclusive and non-transferable and any competencies explicitly granted herein or under our License Agreement.
5.3 Content is considered 'Royalty-Free'. This means Photos and Models may be used for personal or commercial projects and Creations without credit or payable royalties to Photobash. Such projects may become intellectual properties on their own, even with the incorporation of our Content, as long as the usage of this Content does not interfere with any of the terms set forth in our License Agreement or Terms & Conditions.
5.4 Photos have been taken in a public space or with permission in a semi-public or private space and Photobash warrants the rights to sell and license such Photos. This does not grant the user all publication rights and publication of Photos or material therein may be restricted depending on its content and the type of usage. Applicable restrictions do not vary depending on the type of space Photos were taken in.
5.5 Photos may contain graphic materials like logos, names or trademarks. The use of these kind of images is at your own discretion and we recommend removing said graphics from Photos when used for commercial purposes or in any situation where an issue displaying existing trademarks may arise. Usage or publication of Photos in such scenarios is at the user's own risk and responsibility.
5.6 Photos may contain or display recognizable people, trademarked buildings or other intellectual properties. Photobash sells and licenses Photos only through its online platform and does not require any releases or permissions for such transactions. Releases may be required in situations where Photos are published by the user/licensee, depending on the context in which they are presented. Photobash offers model releases for certain Photos. In case we do not offer any model or release forms we suggest to not use Photos in ways that may require such permissions.
Please be aware that rules and legislation may vary by country or state and should be consulted by the licensee prior to any form of publication.
6. Notification of Infringement
Photobash respects the copyright of others. If you believe that any material on Photobash infringes upon any copyright that you own or control, please Contact Us with an official DMCA takedown notice of such infringement. The notice must comply with the following guidelines:
Electronic or physical signature of the rights holder or the person authorized to act on behalf of that person.
Identification of the copyrighted work that has been infringed.
An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Photobash to locate the material (for example, by providing a URL to the material).
Name, address, telephone number, and email address of the person claiming infringement.
A statement by the person claiming infringement has a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law.
A statement that the information in the notification is accurate and that, under penalty of perjury, the person claiming infringement is the rights holder or is authorized to act on the behalf of the rights holder.
7. Liability and Indemnification
7.1 Photobash and its services are provided on an “as is” basis. Photobash makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability for particular purposes, non-infringement, merchantability, or cosmetic attributes of the Site, its services or the Content it provides.
7.2 In no event shall Photobash be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the Site, Accounts, Content or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
7.3 You will indemnify Photobash and our subsidiaries, affiliates, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Site, its Content or your violation of these terms. Photobash will indemnify you and any affiliates granted under our License Agreement from any claim, demand, loss, or damages arising out of or related to your use of Content, unless such use is in violation of these terms.
7.4 Unless otherwise agreed upon, you grant Photobash the right to control the defense of any third-party claim, action or matter subject to indemnification by you with counsel of our own choosing. You agree to cooperate with us in the defense of any such claim, action or matter.
8. Refund Policy
8.1 All requests for refunds to purchased Content must be made in writing. Provided that the request is made within 72 hours and any purchased Content has not been used, Photobash may cancel the relevant order and issue a full refund. No refunds are available for requests made more than 72 hours from your purchase date. Eligible refunds require that the data sold was, at the time of purchase or download either a) faulty, corrupted or otherwise incomplete or b) not as described, misleading or substantially different from what was displayed on our Site
8.2 Photobash reserves the right to, at its own discretion, assess if the request seems eligible for a refund and to deny any requests that do not meet requirements. In the event of a refund, your rights to use the Content terminate immediately, and you must delete or destroy any originals or copies of Content you have obtained.
8.3 Purchases of Credit Packs and Subscriptions are non-refundable. In the rare case that through some form of error or technical failure purchased Credits were not added to your Account correctly, please contact our support team so that we may resolve such issues.
8.4 By purchasing from Photobash you agree that you will not request any illegitimate chargebacks via either your bank, credit card issuer or Paypal, and that you will adhere to our refund policy. Chargebacks made for purchases for which access to Credits or Content has been enabled or already accessed by the user, or that were made without any attempts to issue a refund as per our policy may result in actions taken against the user. Such actions may include termination of your Account and all rights to use previously purchased Content. In case of reasonable proof that chargeback fraud has occurred, Photobash may choose to take legal action against the user through prosecution or a civil lawsuit. We strongly advise to contact us directly about any issues regarding refunds so that we may help you resolve them directly.
8.5 Purchases made in violation of our terms of service and/or licensing terms are not refundable.
9. General
9.1 By using our Site and/or purchasing Content you constitute a full acceptance of our License Agreement, Terms & Conditions and Privacy Policy and any unilateral amendments made to those terms and policies.
9.2 By using Photobash, you represent and warrant that you are lawfully able to accept these Terms & Conditions. If you are using our service on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms & Conditions on such entity's behalf, and that such entity agrees to indemnify Photobash for any violations of the terms set forth in this agreement.
9.3 If any provision or part thereof of our License Agreement, Terms & Conditions or Privacy Policy is wholly or partially unenforceable by law, or in the event the parties are unable to agree, a court of competent jurisdiction shall put in place an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the intended terms of the unenforceable provision.
9.4 Any breach of the terms set forth in this agreement, or any other applicable policies or agreements with Photobash may result in termination of your Account, access to the Site, or termination of License Agreement rights to use or store Content, without any liability to Photobash. You may terminate the terms of this agreement at any time by ceasing to use the Site and deleting your Account. In such case your rights to use the Content terminate immediately, and you must delete or destroy any originals or copies of Content you or authorized third parties have obtained, stored and/or distributed.
9.5 Photobash is entitled to equitable relief, including both a preliminary and permanent injunction and may recoup from you all damages it suffers as a result of your violation of our License Agreement and/or Terms & Conditions.
10. Applicable Law
This Site is controlled, operated and administered by Photobash Pte. Ltd. in Singapore. This agreement shall be governed in all respects by the laws of Singapore. You agree that any claim or dispute you may have against Photobash must be resolved exclusively by a Singaporean court except if otherwise agreed upon by both parties. You agree to submit to the personal jurisdiction of the courts located in Singapore for the purpose of litigating all such claims or disputes.
11. Changes to Our Terms & Conditions
Photobash may amend these Terms & Conditions, other policies and its products, prices and services at any time with reasonable notice, including without limitation by sending an email update to all of its customers. Any amendments or alterations made to these terms shall take immediate effect and apply to all use of the Site, its services and Content sold after such amendments have been made. A timestamp of the most recent amendments labeled “Last updated” can be viewed at the top of each policy's page.
We encourage users to review this page on a regular basis to ensure you stay up to date with our terms.
PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singapore
Photobash is committed to protecting your privacy and makes its best efforts to secure personal data.
This Privacy Policy explains our company's collection and use of such data. Please read this information carefully.
By using this site, you understand and agree to the terms of this policy.
1. Definitions
Terms frequently used in this policy are capitalized and have been specified in quotations along with their definitions below:
"Personal Information" is the information we collect, hold and use about individuals who visit this website or use it services. This information may contain your IP address, country, e-mail, personal or company name, purchase history, login sessions and/or any other data you wish to provide or is otherwise stored on our servers.
"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.
"Guest" refers to the purchasing entity, whether that is a natural person or a corporate entity, that purchased from Photobash without using an Account. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Guest user represents.
2. Collection of Personal Information
When visiting our Site, you can browse and navigate without providing any Personal Information.
However, we do collect specific Personal Information of users when required to do so in order to provide certain products or services.
This includes purchasing products as a Guest user or information collected during and after Account registration.
Some of the information users may provide is mandatory and some is voluntary.
Please note that some services or activities on the Site may not available if certain information is not provided by the user.
When using our website, Photobash may collect the following Personal Information from you:
IP address (used for tracking Account logins and avoiding unauthorized access)
Location (your IP address is linked to a country, city and/or region. This data is approximate)
Email (required for Guest purchases, Account registration or subscribing to our newsletters)
Password (required for Account registration, this data is encrypted and cannot be viewed by Photobash)
Personal name, company name, address and/or VAT Number (voluntary unless legally required)
3. How your Personal Information is Used
Photobash does not provide Personal Information collected to any third parties other than those required to run our service and website.
We do not sell, rent or share your personally identifiable information in any way other than as disclosed in this policy.
Our goal is to collect as little data about you as possible.
Personal Information collected by Photobash is used for:
Creating an Account
Processing payments & transactions
Customer support & assistance
Sending emails such as download links, newsletters or Account related confirmations
Internal sales analytics
Taxation obligations related to European VAT, UK VAT or Singapore GST (if applicable)
Investigating or taking action regarding violations of our License Agreement and/or Terms & Conditions
Portfolio purposes (company clients, see below)
4. Google Analytics & Web Metrics
When browsing websites, third parties may at times collect certain information about your computer and browsing session.
For example, such information may include your browser type, operating system, IP address and time spent on the website.
Google Analytics is authorized by Photobash to gather this type of data. Data gathered is used to analyze and
to better understand our visitors and overall performance of the website in order to improve the quality of our services.
Please note that this information is practically anonymous and does not contain any personal data such as name, address or payment details.
Data gathered for analytics purposes is never shared with third parties outside of Photobash and those providing this data.
Information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and Privacy Policy.
Users can choose to manage the data collected about them through Google Analytics if they wish to do so.
Learn more about privacy at Google here.
5. Use of Cookies and Tracking Technology
A cookie is a small text file that a website can store on your computer or device when you visit a page.
Cookies contain information, including Personal Information that can later be read by a web server in the domain that issued the cookie.
The information that cookies collect may includes the date and time of your visit, your Account information, and your navigational and purchase history.
We may use session cookies, which terminate when you close your browser, or persistent cookies, which remain on your device until deleted.
Photobash uses cookies or other tracking technologies for the sole purpose of improving functionality of our Site, services we offer or for website analytics.
Cookies are designed to offer you conveniences such as:
Save time by eliminating the need to repeatedly enter the same information.
Help to protect security by checking your login details and to help prevent fraud, misuse or unauthorized access.
Remember certain preferences when using our website.
Most browsers automatically accept cookies, however you can modify your browser settings to decline cookies should you wish to do so.
Please be aware that our Site is designed to operate with cookies enabled and that blocking the use of cookies may negatively impact the functionality or overall experience of the Site.
6. Social Media Account Integrations
Users may choose to sign up or login to our website using Facebook or Google.
In this case, you are deemed to have agreed to share certain data, and the third party's policies are applied to this shared data.
Photobash provides this service for the sole purpose of user convenience and to improve the speed of the sign up or login process.
If you choose to use our social media integrations to sign up, your name and email may be automatically pulled from your social media account
to use in your Photobash Account. We do not collect any other data from your social media account by offering this functionality.
7. Protection of Personal Information
Photobash ensures its best efforts to protect the Personal Information submitted to us.
We use the following methods to protect Personal Information as much as possible:
The password you provide for accessing your Account is encrypted. Please use a unique alphanumeric password of at least 8 characters.
Our website uses "secure socket layer technology" (SSL) to encrypt sensitive information input such as passwords or when dealing with transactions.
Your Personal Information is stored on our secure servers that only Photobash administrators have access to using an encrypted password and SSL secured backend system.
Photobash is unable to view sensitive data such as passwords or credit card details. Only you should have this information and we will never ask you to provide us such details directly.
Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure.
While we use commercially available means to protect your Personal Information, we cannot guarantee its absolute security.
8. Collection of Purchase/Payment Data
Photobash relies on third party companies to process payments for our products and services.
To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.
All payment data users input on our website is encrypted using SSL, a technology that ensures all data transmitted remains encrypted.
Please ensure you always access the "https://" domain of our website and that the SSL Certificate is visible in the URL bar of your browser.
We collect the minimum amount of Personal Information required during payments and transactions to comply with our accounting and taxing obligations. For most individuals a username, email address, country, payment amount & date and a unique transaction ID is sufficient. For companies located within the EU or UK, we may require to collect your personal and/or company name, address and VAT number for legal and taxation purposes.
9. Account Email and Newsletter Preferences
If at any time you decide that you do not want to receive emails from us including newsletters or updates about our latest products you can take the following actions to change these settings:
Click on your Account icon located at the top right of the navigation bar.
Navigate the dropdown and select "Settings".
Check or uncheck the checkbox titled “Email Updates”.
Select "Save Changes" to confirm.
When you choose to not to receive emails from us, please be advised that you may continue to receive certain emails required for general Account functionality purposes or in order to comply with certain laws and legislations (e.g. password recovery or payment confirmations).
For customers who receive email updates because they have made Guest purchases or signed up for our newsletter, you can choose to unsubscribe from our mailing list from directly within any of the emails you receive.
10. Data Retention
We will retain your information for as long as your Account is active or as needed to provide you with our services.
Users can choose to delete their Account through their settings. During this process all Personal Information provided
is set to be permanently deleted. We will retain certain information if necessary to comply with our legal obligations, to resolve open disputes
or to enforce our License Agreement and/or Terms & Conditions. If such obligations no longer exist your information will be removed permanently from our databases.
If you wish to request deletion of any of your Personal Information or to otherwise exercise your rights, including those granted under GDPR, please write to support@photobash.co.
11. Changes to Our Privacy Policy
Photobash reserves the right to change the terms of this policy at any time. You can check the “Last updated” date at the top of this page.
If there are significant changes to this statement or in how we use Personal Information, users will be notified via email outlining these changes.
We encourage users to review this page on a regular basis to ensure you stay up to date with our policies.
PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singapore