Terms & Conditions

# Terms & Conditions

**HD Backcountry**
*Effective Date: June 3, 2025*
*Last Updated: June 3, 2025*

## 1. Acceptance of Terms

By accessing or using HD Backcountry (“we,” “us,” “our”), you (“user,” “customer,” “licensee”) agree to be bound by these Terms & Conditions. If you do not agree to these terms, do not use our website or services.

## 2. Description of Service

HD Backcountry provides a platform for purchasing and licensing stock photography and digital images. We offer various licensing options for commercial and personal use of our photographic content.

## 3. User Accounts

### Registration
– You must provide accurate, complete information when creating an account
– You are responsible for maintaining the confidentiality of your account credentials
– You must notify us immediately of any unauthorized use of your account

### Account Responsibility
– You are responsible for all activities that occur under your account
– Users must be at least 18 years old or have parental consent

## 4. Licensing and Usage Rights

### License Types
We offer the following license types:
– **Standard License**: For personal and limited commercial use
– **Extended License**: For broader commercial use including resale items
– **Editorial License**: For news, educational, and editorial purposes only

### Usage Restrictions
– Licensed images may not be resold, redistributed, or sublicensed as standalone files
– Images cannot be used in defamatory, pornographic, or illegal content
– Model and property releases may be required for certain uses
– Editorial images cannot be used for commercial purposes without proper releases

### Attribution
– Attribution is not required but appreciated
– Editorial images may require specific attribution as indicated

## 5. Purchasing and Payment

### Pricing
– All prices are displayed in USD unless otherwise specified
– Prices are subject to change without notice
– Subscription and credit pack terms are outlined at time of purchase

### Payment Terms
– Payment is due immediately upon purchase
– We accept major credit cards and other payment methods as available
– All sales are final unless otherwise specified in our refund policy

### Refunds
– Digital downloads are generally non-refundable once accessed
– Refunds may be considered on a case-by-case basis for technical issues
– Subscription cancellations follow the terms outlined in your subscription agreement

## 6. Intellectual Property

### Our Content
– All images, text, graphics, and other content on our site are protected by copyright and other intellectual property laws
– We own or have licensed all content on our platform
– Unauthorized use of our content outside of purchased licenses is prohibited

### User Submissions
– Any content you submit to us may be used for promotional or operational purposes
– You retain ownership of content you submit but grant us necessary rights to operate our service
– You represent that you have all necessary rights to any content you provide

## 7. Prohibited Uses

You may not use our service to:
– Violate any applicable laws or regulations
– Upload or transmit malicious code or harmful content
– Attempt to gain unauthorized access to our systems
– Use our content in ways that violate the license terms
– Create derivative works that compete with our business
– Engage in any activity that disrupts or interferes with our service

## 8. Privacy and Data Protection

Our Privacy Policy, incorporated by reference, governs how we collect, use, and protect your personal information. By using our service, you consent to our privacy practices as outlined in our Privacy Policy.

### COPPA Compliance
Our service is not directed to children under 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

### GDPR Compliance (EU Users)
If you are located in the European Union, you have additional rights under the General Data Protection Regulation (GDPR), including:
– Right to access your personal data
– Right to rectify inaccurate data
– Right to erase your data
– Right to restrict processing
– Right to data portability
– Right to object to processing

To exercise these rights, contact us at research@hdbackcountry.com.

### California Privacy Rights (CCPA)
California residents have additional privacy rights under the California Consumer Privacy Act (CCPA), including:
– Right to know what personal information is collected
– Right to delete personal information
– Right to opt-out of the sale of personal information
– Right to non-discrimination for exercising privacy rights

We do not sell personal information to third parties. For CCPA requests, contact us at research@hdbackcountry.com.

## 9. Disclaimers and Limitations

### Service Availability
– Our service is provided “as is” and “as available”
– We do not guarantee uninterrupted or error-free service
– We reserve the right to modify or discontinue services at any time

### Content Disclaimers
– We do not guarantee the accuracy of image metadata or descriptions
– Model and property releases may not be available for all images
– Users are responsible for determining appropriate usage rights

### Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HD BACKCOUNTRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICE.

## 10. Indemnification

You agree to indemnify and hold harmless HD Backcountry from any claims, damages, or expenses arising from your use of our service or violation of these terms.

## 11. Copyright and DMCA

We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe your copyrighted work has been used without permission, please contact us with:
– Your contact information
– Description of the copyrighted work
– Location of the allegedly infringing material
– A good faith statement that use is not authorized
– A statement of accuracy under penalty of perjury
– Your electronic or physical signature

## 12. Termination

### By You
You may terminate your account at any time by contacting us or using account settings.

### By Us
We may terminate or suspend your account immediately for:
– Violation of these terms
– Fraudulent or illegal activity
– Non-payment of fees
– Any reason with appropriate notice as required by law

### Effect of Termination
– Your right to use our service ceases immediately
– Previously purchased licenses remain valid according to their terms
– We may delete your account and associated data

## 13. Governing Law and Disputes

### Governing Law
These terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

### Dispute Resolution
Any disputes will be resolved through binding arbitration in California under the rules of the American Arbitration Association, except for small claims court matters.

## 14. General Provisions

### Modifications
We reserve the right to modify these terms at any time. Material changes will be communicated via email or website notice.

### Severability
If any provision is found unenforceable, the remaining provisions continue in full force.

### Entire Agreement
These terms, along with our Privacy Policy, constitute the entire agreement between you and HD Backcountry.

### Assignment
We may assign these terms without notice. You may not assign your rights without our written consent.

## 15. Contact Information

For questions about these Terms & Conditions, contact us at:

**HD Backcountry**
Email: research@hdbackcountry.com

*By using HD Backcountry, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.*

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