Terms of Service

These Terms of Service govern your access to and use of PhotoBank, including its website, applications, services, marketplace features, contributor tools and content licensing functionality.

1. Introduction

These Terms of Service constitute a legally binding agreement between you and Lumina Stock Media S.R.L., operating the PhotoBank platform under the domain photobank.online.

In these Terms, the words “PhotoBank,” “we,” “us” and “our” refer to Lumina Stock Media S.R.L.]. The words “you” and “your” refer to any individual or legal entity that accesses, browses, registers with or otherwise uses the PhotoBank platform.

By accessing or using PhotoBank, creating an account, uploading content, purchasing a license or otherwise using any part of the platform, you confirm that you have read, understood and agreed to these Terms.

If you do not agree to these Terms, you must not access or use PhotoBank.

2. Definitions

For the purposes of these Terms:

• Account means a registered user profile created on PhotoBank.
• Buyer means a user who searches for, purchases, downloads or licenses Content through PhotoBank.
• Contributor means a user who submits, uploads, publishes, distributes or offers Content through PhotoBank.
• Content means photographs, illustrations, vectors, videos, animations, audio, templates, digital assets, metadata, descriptions, keywords, captions and other materials made available through PhotoBank.
• Contributor Content means Content uploaded or submitted to PhotoBank by a Contributor.
• License means the limited permission granted to a Buyer to use Content under the applicable Content License Agreement.
• Platform means the PhotoBank website, related applications, software, databases, services, interfaces and tools.
• Services means all functionality made available through PhotoBank.
• User means any visitor, registered user, Buyer, Contributor or other person accessing or using PhotoBank.

3. Eligibility

You may use PhotoBank only if you are legally capable of entering into a binding agreement.

You must be at least eighteen years old, or have reached the age of legal majority in your jurisdiction, whichever is higher.

If you use PhotoBank on behalf of a company, organization or other legal entity, you represent and warrant that:

• you are authorized to bind that entity;
• the entity agrees to these Terms;
• all information submitted on behalf of the entity is accurate and complete.

You may not use PhotoBank if you are prohibited from doing so under applicable law, sanctions rules, export controls, court orders or other legal restrictions.

4. Account Registration

Certain features require an Account. When registering, you must provide accurate, current and complete information.

You agree to keep your Account information updated, including your name, email address, payment details, tax details and Contributor information where applicable.

You may not:

• create an Account using false or misleading information;
• impersonate another person or entity;
• create an Account for a person without authorization;
• sell, transfer or rent your Account;
• create multiple Accounts to evade restrictions or enforcement;
• use automated methods to create Accounts without our written permission.

We may require identity, business, payment or tax verification before allowing access to certain features.

5. Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted through your Account.

You must promptly notify us if you become aware of:

• unauthorized access to your Account;
• loss or theft of your login credentials;
• suspected fraud;
• unauthorized purchases or downloads;
• any other security incident affecting your Account.

We may temporarily restrict or suspend an Account where we reasonably believe that it has been compromised or is being used unlawfully.

6. Types of Accounts

6.1 Buyer Accounts

Buyer Accounts may be used to search for, purchase, license and download Content subject to the applicable License.

6.2 Contributor Accounts

Contributor Accounts may be used to upload and offer Content for licensing, subject to these Terms, the Contributor Agreement and all applicable submission requirements.

6.3 Business Accounts

Business Accounts may permit multiple authorized users to access licensed Content on behalf of an organization.

The Account administrator is responsible for managing authorized users and ensuring that their use complies with these Terms.

7. Platform Ownership

PhotoBank and its licensors own all rights, title and interest in and to the Platform, including:

• software and source code;
• website design and user interface;
• databases and search systems;
• logos, trademarks and branding;
• text, graphics and Platform documentation;
• selection, arrangement and presentation of Platform materials.

Except for the limited right to use the Platform under these Terms, no ownership rights are transferred to you.

8. Limited Right to Use the Platform

Subject to your compliance with these Terms, PhotoBank grants you a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended lawful purposes.

This right does not permit you to:

• copy or reproduce the Platform;
• modify, adapt or create derivative works from the Platform;
• reverse engineer or decompile Platform software;
• remove copyright, trademark or proprietary notices;
• sell or sublicense access to the Platform;
• use the Platform to create a competing content library or marketplace;
• scrape, crawl, index or extract Platform data without written authorization.

9. Contributor Content Ownership

Contributors retain ownership of the copyright and other intellectual property rights they lawfully hold in their Contributor Content.

Uploading Content does not transfer copyright ownership to PhotoBank, except where a separate written agreement expressly provides otherwise.

Contributors grant PhotoBank the rights necessary to host, review, reproduce, display, market, distribute, license and administer the Content as further described in the Contributor Agreement.

10. Contributor Representations and Warranties

By submitting Contributor Content, you represent and warrant that:

• you own the Content or have all rights necessary to submit and license it;
• the Content does not infringe copyright, trademark, privacy, publicity or other rights;
• all persons depicted have provided valid authorization where required;
• all required model and property releases are valid and accurate;
• the Content was not obtained unlawfully, deceptively or through unauthorized access;
• all captions, keywords and metadata are accurate and not misleading;
• the Content complies with applicable laws and PhotoBank policies;
• the Content does not contain malicious code, hidden files or harmful technical elements.

11. Content Review and Acceptance

PhotoBank may review Contributor Content before or after publication.

We may accept, reject, remove, restrict, reclassify or request changes to Content at our discretion.

Acceptance of Content does not constitute:

• confirmation that the Content is lawful;
• confirmation that releases are valid;
• a guarantee of sales or licensing activity;
• a waiver of any Contributor responsibility;
• an endorsement of the Content.

12. Content Moderation

We may remove or restrict access to Content where we reasonably believe that it:

• violates these Terms or another PhotoBank policy;
• infringes third-party rights;
• is illegal, fraudulent or deceptive;
• creates legal, reputational or security risk;
• contains inaccurate or misleading metadata;
• has been submitted without required releases;
• is technically defective or unsuitable for licensing.

We may also preserve information relating to removed Content where required for fraud prevention, legal compliance, dispute handling or enforcement.

13. Prohibited Content

Users must not upload, publish, distribute, request or promote Content that:

• is unlawful or promotes unlawful conduct;
• sexually exploits minors;
• depicts non-consensual intimate material;
• promotes terrorism or violent extremist organizations;
• contains credible threats or incitement to violence;
• facilitates fraud, identity theft or impersonation;
• violates intellectual property rights;
• violates privacy or publicity rights;
• contains malware or malicious software;
• misrepresents manipulated or AI-generated material;
• contains materially false or deceptive metadata.

14. AI-Generated and AI-Assisted Content

AI-generated and AI-assisted Content may be submitted only where permitted under the PhotoBank AI Content Policy.

Contributors must accurately identify AI-generated or materially AI-altered Content where required.

Contributors remain fully responsible for ensuring that AI Content:

• does not infringe third-party rights;
• does not unlawfully reproduce protected characters or brands;
• does not impersonate real persons deceptively;
• does not contain false model or property releases;
• is accurately described and categorized;
• complies with applicable laws.

15. Model and Property Releases

Contributors must obtain and retain valid model releases where Content depicts an identifiable person and a release is required for the intended commercial use.

Contributors must obtain property releases where required for privately owned locations, artwork, buildings, trademarks or other protected property.

PhotoBank may request copies of releases, identity documents or other supporting evidence at any time.

False, altered or fabricated releases may result in immediate Account suspension or termination.

16. Editorial Content

Content designated as editorial may be subject to additional restrictions.

Editorial Content may not be used for advertising, product endorsement, merchandising or other commercial promotional purposes unless the Buyer obtains all required third-party permissions.

Buyers are responsible for determining whether their intended use is editorial or commercial.

17. Purchasing Content

Buyers may purchase or obtain licenses to Content through the Platform.

A purchase does not transfer copyright ownership. It grants only the usage rights expressly described in the applicable License.

Before completing a purchase, Buyers must review:

• the applicable license type;
• usage restrictions;
• pricing;
• technical specifications;
• any editorial or release limitations.

18. Content Licenses

Each use of licensed Content is governed by the Content License Agreement in effect at the time of purchase.

Unless expressly stated otherwise, licenses are:

• non-exclusive;
• non-transferable;
• non-sublicensable;
• limited to the permitted scope of use;
• subject to all applicable restrictions.

Buyers must retain proof of purchase and license documentation.

19. Prohibited Uses of Licensed Content

Licensed Content may not be used:

• outside the scope of the purchased License;
• in an unlawful, defamatory or deceptive manner;
• to imply endorsement by a depicted person;
• in pornography or exploitative sexual content;
• in connection with hate speech or violent extremism;
• as a trademark, logo or service mark;
• for resale as a standalone file;
• in a downloadable content library;
• to train machine-learning systems unless expressly permitted;
• to create misleading synthetic representations of real persons.

20. Prices and Payments

Prices may be displayed in one or more currencies and may vary depending on the license type, territory, subscription, usage or account category.

You agree to pay all charges displayed at checkout, including applicable taxes and fees.

Payment processing may be provided by third-party payment service providers. Your use of those services may be subject to additional terms.

We may correct pricing errors and cancel transactions affected by an obvious technical or pricing mistake.

21. Taxes

Buyers are responsible for taxes, duties, levies and similar charges associated with their purchases, except where PhotoBank is required by law to collect or remit them.

Contributors are responsible for reporting and paying taxes arising from royalties, earnings or other payments received through PhotoBank.

We may request tax identification forms and withhold payments where required by law.

22. Contributor Earnings

Contributor royalties and payment terms are governed by the Contributor Agreement and the applicable royalty schedule.

Earnings may be adjusted for:

• refunds;
• chargebacks;
• fraudulent transactions;
• duplicate payments;
• tax withholding;
• license cancellations;
• breaches of these Terms.

23. Refunds

Refund requests are governed by the Refund Policy.

Because Content is supplied digitally and may become accessible immediately after purchase, refund eligibility may be limited once a download or license has been delivered, except where required by law.

Refunds may be granted where:

• the file is materially defective;
• the wrong file was delivered due to a Platform error;
• the transaction was duplicated;
• the purchase was unauthorized and properly verified;
• applicable consumer law requires a refund.

24. Copyright Complaints

PhotoBank respects intellectual property rights and may remove or restrict Content that is alleged to infringe copyright.

Copyright complaints must contain sufficient information to identify:

• the copyrighted work;
• the allegedly infringing Content;
• the complainant and their authority;
• the location of the Content on PhotoBank;
• the legal basis of the complaint;
• accurate contact information.

Additional procedures are described in the Copyright Policy.

25. Repeat Infringers

We may suspend or terminate Accounts associated with repeated or serious intellectual property infringement.

We may consider the nature, frequency and credibility of complaints, as well as any counter-notices or supporting documentation.

26. Privacy

Our collection and use of personal information are described in the Privacy Policy.

By using PhotoBank, you acknowledge that personal information may be processed for purposes including:

• Account administration;
• payments and taxation;
• fraud prevention;
• content moderation;
• legal compliance;
• customer support;
• service improvement.

27. Cookies and Analytics

PhotoBank may use cookies and similar technologies for authentication, security, preferences, analytics and service functionality.

Additional information is provided in the Cookie Policy.

28. Third-Party Services

The Platform may contain links to or integrations with third-party services.

PhotoBank is not responsible for the content, security, availability, policies or practices of third-party services.

Your use of third-party services may be governed by separate terms and privacy policies.

29. Platform Availability

We aim to provide reliable access to PhotoBank but do not guarantee uninterrupted or error-free operation.

We may suspend or limit access for:

• maintenance;
• security incidents;
• technical failures;
• legal compliance;
• fraud prevention;
• changes to Platform functionality.

30. Changes to the Platform

We may modify, add, remove or discontinue features at any time.

Where reasonably practicable, we may provide notice of material changes affecting paid Services or existing licenses.

31. Suspension and Termination

We may suspend, restrict or terminate your Account where:

• you violate these Terms;
• you fail to pay amounts due;
• you submit unlawful or infringing Content;
• you engage in fraud or manipulation;
• your Account creates a security risk;
• we are required to do so by law;
• continued access could expose PhotoBank or others to liability.

You may stop using PhotoBank at any time and may request Account closure, subject to legal retention obligations and unresolved transactions.

32. Effect of Termination

Upon termination:

• your right to access the Account may end;
• unpublished Content may be removed;
• pending payments may be held while disputes are investigated;
• certain records may be retained as required by law;
• valid licenses previously granted to Buyers may remain in effect, unless otherwise stated.

33. Disclaimers

To the maximum extent permitted by law, PhotoBank is provided on an “as is” and “as available” basis.

We do not warrant that:

• the Platform will always be available;
• all Content is accurate or suitable for a specific use;
• all releases are valid in every jurisdiction;
• Content will meet a Buyer’s legal or commercial requirements;
• Contributor Content will generate sales or earnings;
• the Platform will be free from errors or security threats.

34. Limitation of Liability

To the maximum extent permitted by applicable law, PhotoBank and its directors, employees, affiliates, contractors and service providers will not be liable for indirect, incidental, special, consequential, punitive or exemplary damages.

This includes loss of profits, revenue, data, goodwill, business opportunity or anticipated savings.

Our total aggregate liability arising out of or relating to the Platform will not exceed the greater of:

• the amount paid by you to PhotoBank during the previous twelve months;
• Liability Cap Amount.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

35. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless PhotoBank and its affiliates from claims, losses, liabilities, damages and expenses arising from:

• your use of the Platform;
• your Content;
• your breach of these Terms;
• your infringement of third-party rights;
• your violation of applicable law;
• your misuse of licensed Content.

36. Governing Law

These Terms are governed by the laws of the Republic of Moldova, without regard to conflict of law principles.

Mandatory consumer protections applicable in your country of residence remain unaffected where they cannot legally be waived.

37. Dispute Resolution

Before filing a formal claim, you agree to contact PhotoBank and attempt to resolve the dispute informally.

Formal disputes will be resolved through:

Choose one before publication: competent courts / arbitration.

The selected venue, language and procedural rules must be inserted after the company jurisdiction has been confirmed.

38. Changes to These Terms

We may update these Terms to reflect changes in law, Platform functionality, licensing models or business practices.

We will publish the updated version and revise the “Last updated” date.

Where changes are material, we may provide additional notice or require renewed acceptance.

39. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

The unenforceable provision will be interpreted or modified to the minimum extent necessary to make it enforceable.

40. No Waiver

A failure by PhotoBank to enforce any provision does not waive the right to enforce that provision later.

41. Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent.

PhotoBank may assign these Terms in connection with a merger, acquisition, restructuring, financing or sale of assets.

42. Entire Agreement

These Terms, together with all policies and agreements incorporated by reference, constitute the entire agreement between you and PhotoBank regarding use of the Platform.

43. Contact Information

Questions about these Terms may be sent to:

Lumina Stock Media S.R.L.
Kentford Business Center Bd. Ștefan cel Mare și Sfânt 202 MD-2004, Chișinău, Republica Moldova

Email: +373 852464