Terms

Van Elazinsu September 30, 2025 Comments (0)

Acceptance of Terms

These Terms of Service govern your access to and use of the Photomadic Markets website and related services operated by Van Elazinsu (doing business as Photomadic Markets) at photomadic.com (collectively, the Service). By accessing or using the Service, you agree to be legally bound by these Terms and all applicable laws and regulations. If you do not agree, you must not use the Service.

Photomadic Markets is provided from the United States of America. These Terms are a legally binding agreement between you and Van Elazinsu. The words "Photomadic," "we," "us," and "our" refer to the owner and operator of the Service.

Last updated: September 30, 2025

Changes to Terms

We may update these Terms at any time in our discretion. Material changes will be effective upon posting or as otherwise stated. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. The Service is not directed to children under 13 and we do not knowingly collect personal information from children under 13.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to comprehensive U.S. embargoes or sanctions, and that you are not on any U.S. government denied-party list.

Account Registration and Security

To access certain features, you may need to create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us promptly of any unauthorized use or security breach. We may refuse registration, reclaim usernames, or require you to change them if appropriate.

License and Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. We reserve all rights not expressly granted.

Prohibited Conduct

Accessing or using the Service in violation of any law, regulation, or third-party right.
Scraping, harvesting, indexing, or otherwise collecting data from the Service by automated means without our prior written consent, including through bots, spiders, or crawlers.
Circumventing access controls, rate limits, or security measures; probing, scanning, or testing system vulnerabilities.
Interfering with or disrupting the Service or servers; introducing viruses, malware, or harmful code.
Reverse engineering, decompiling, or attempting to derive source code for any part of the Service except to the extent permitted by law.
Using the Service to provide or develop a competing product or service or for any benchmarking not authorized by us.
Infringing or misappropriating intellectual property or proprietary rights.
Submitting unlawful, misleading, defamatory, obscene, or otherwise objectionable content.

Market Data, News, and Analytical Tools

The Service provides fast, visual snapshots of cryptocurrencies and global stock markets, including real-time or delayed prices, charts, technical indicators, curated news, and analytics. Market data may be delayed, incomplete, or inaccurate and is provided solely for informational and educational purposes. You are solely responsible for verifying any information before relying on it.

No Investment, Legal, or Tax Advice

Nothing on the Service constitutes investment, legal, accounting, or tax advice, or a recommendation to buy, sell, or hold any security, cryptocurrency, or other asset. Photomadic is not a broker-dealer, investment adviser, commodity trading advisor, or futures commission merchant, and is not registered with the U.S. Securities and Exchange Commission, the U.S. Commodity Futures Trading Commission, or any similar regulatory authority. We do not perform individualized suitability analyses and do not have a fiduciary relationship with you.

Performance, Backtesting, and Forward-Looking Statements

Any performance figures, backtests, simulated results, or projections are hypothetical and have inherent limitations. Past performance is not indicative of future results. Forward-looking statements are subject to risks and uncertainties and actual outcomes may differ materially.

Portfolio Tracking and Integrations

The Service may allow you to track portfolios or connect to third-party accounts or wallets. Such features are optional and provided as-is. We do not hold or custody assets, initiate transactions, or provide execution services. If you choose to connect third-party services, you authorize us to access and process information made available by those providers as necessary to operate the requested features. Third-party services are subject to their own terms and privacy policies, which we do not control.

User Content and Feedback

You may submit content, data, comments, or portfolio information (User Content). You represent that you have all rights necessary to submit User Content and that it does not violate the law or third-party rights. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, perform, distribute, and create derivative works of User Content as necessary to operate, improve, and provide the Service, including in aggregated or de-identified form.

If you provide feedback, ideas, or suggestions, you grant us a perpetual, worldwide, irrevocable, royalty-free license to use and exploit them without restriction or compensation.

Intellectual Property

The Service, including its design, text, graphics, logos, charts, dashboards, software, and compilations, is owned by or licensed to us and protected by intellectual property and other laws. All trademarks, service marks, and trade names are the property of their respective owners. No rights are granted except as expressly set forth in these Terms.

Third-Party Links and Services

The Service may reference, display, or link to third-party content, data, APIs, news sources, exchanges, brokers, custodians, blockchains, or other services. We do not endorse or control third parties and are not responsible for their content, accuracy, policies, or practices. Your use of third-party services is at your sole risk and subject to their terms.

Subscriptions, Trials, and Billing

We may offer paid subscriptions or plans with additional features. Prices, features, and availability are subject to change. If you enroll in a subscription, you authorize us (and our payment processors) to charge your payment method on a recurring basis until you cancel. Unless stated otherwise, subscriptions renew automatically for successive periods equal to the initial term.

Free trials may convert to paid subscriptions at the end of the trial unless you cancel before the trial ends. We may require a valid payment method to start a trial and may place a temporary authorization.

Unless otherwise required by law or expressly stated, all fees are non-refundable and are deemed earned upon payment. You may cancel at any time, but cancellation takes effect at the end of the then-current billing period. We may offer prorated or promotional credits at our discretion, which have no cash value and may expire.

You are responsible for any applicable taxes, duties, and charges, excluding taxes on our net income. If a charge is reversed or disputed, we may suspend or terminate access until the matter is resolved.

API, Automated Access, and Fair Use

Any API or data feed we make available is subject to separate documentation and limitations. We may impose or modify rate limits, quotas, and acceptable use requirements. You must not cache, resell, sublicense, redistribute, or use the Service data to build or train models or datasets competing with the Service without our prior written consent.

Privacy and Security

Your use of the Service is subject to our privacy practices, which describe how we collect, use, and disclose information. We employ commercially reasonable administrative, technical, and physical safeguards, but no method of transmission or storage is completely secure. You are responsible for your devices, network, and appropriate security measures.

Electronic Communications

By creating an account or providing contact information, you consent to receive communications from us electronically, including emails, in-app messages, and notices posted on the Service. You agree that such communications satisfy any legal requirements for written communications. You may opt out of certain non-essential communications; transactional or legal notices may still be sent.

DMCA and Copyright Policy

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, send a written notice including the information required by 17 U.S.C. § 512(c)(3) to our designated agent at the address below. We may remove or disable access to allegedly infringing content and, when appropriate, terminate repeat infringers.

Designated Agent: Van Elazinsu, 7600 Kingston Pike, Knoxville, TN 37919, USA; Email: [email protected].

Disclaimer of Warranties

THE SERVICE AND ALL CONTENT, DATA, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOTOMADIC OR ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY; TRADING LOSSES; OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Photomadic and its owner, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys fees) arising out of or related to: (i) your use of the Service; (ii) your User Content; (iii) your violation of these Terms; or (iv) your violation of any law or third-party right.

Governing Law; Venue

These Terms are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Tennessee, without regard to conflict of laws principles. Except as otherwise provided in the Arbitration section, the exclusive jurisdiction and venue for any action relating to these Terms or the Service that is not subject to arbitration will be the state and federal courts located in Knox County, Tennessee, and you consent to the personal jurisdiction of such courts for such purposes.

Arbitration Agreement and Class Action Waiver

Please read this section carefully. It requires you to arbitrate disputes with us and limits how you can seek relief from us.

Scope. Any dispute, claim, or controversy arising out of or related to these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration, except that you or we may bring an individual action in small claims court and may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property or prevent unauthorized access to or use of the Service.
Rules and Forum. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in English by a single arbitrator. You may choose to have the arbitration conducted by telephone, video conference, on written submissions, or in Knoxville, Tennessee.
Costs. The payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules. Each party will bear its own attorneys fees and costs unless the arbitrator awards otherwise under applicable law.
Opt-Out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending an email with your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration to [email protected]. Opting out will not affect other provisions of these Terms.
Class and Representative Actions Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSONS CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Severability. If any part of this arbitration agreement is found unenforceable, the remainder will remain in effect, except that the waiver of class or representative actions may not be severed and in such case the entire arbitration agreement will be unenforceable.

Export Control and Sanctions Compliance

You agree to comply with all applicable export control and sanctions laws of the United States and other jurisdictions. You will not export, re-export, transfer, or make available any portion of the Service or related technical data in violation of such laws.

Force Majeure

We will not be liable for any delay or failure in performance resulting from events beyond our reasonable control, including acts of God, labor disputes, government actions, war, terrorism, civil disturbances, internet or telecommunications failures, third-party service interruptions, or pandemics.

Beta Features and Modifications

We may offer beta or experimental features. Beta features are provided as-is, may be subject to additional terms, and may be modified, suspended, or discontinued at any time without notice. We reserve the right to modify, suspend, or discontinue any part of the Service at any time.

Termination and Suspension

We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms, pose a risk, or for any reason in our discretion. You may stop using the Service at any time. Upon termination, your license ends and you must cease use of the Service. Sections that by their nature should survive will survive termination, including those regarding ownership, disclaimers, limitations of liability, indemnification, choice of law, arbitration, and miscellaneous provisions.

Open Source and Third-Party Components

The Service may include or interface with third-party or open-source components that are subject to their own licenses. To the extent required, the terms of those licenses will govern your use of such components.

Notices

We may provide notices by posting to the Service, by email to the address associated with your account, or by mail to your last known postal address. Notices to us must be sent to the address in the Contact Information section.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements on the subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign or transfer these Terms or your rights hereunder without our prior written consent; any attempted assignment without consent is void. We may assign these Terms without restriction. Headings are for convenience only.