Terms

TERMS OF USE

Effective Date: 7/20/2026
Last Updated: 7/20/2026

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use (“Terms”) govern your access to and use of websites, applications, products, memberships, courses, digital downloads, communities, contests, services, and other offerings operated by Frievalt Photography, LLC, including those offered under the names:

  • Seniors Unlocked

  • Posabella

  • The VALT

  • Dead Pixel Stock

  • Dan Frievalt

  • Frievalt Photography

These Terms apply to services that may include:

  • seniorsunlocked.com

  • store.seniorsunlocked.com

  • posabella.app

  • The Posabella posing and session-planning application

  • Online courses, memberships, summits, workshops, downloads, templates, overlays, educational resources, contests, communities, and related services

These websites, applications, products, and services are collectively referred to as the “Services.”

“Company,” “we,” “us,” and “our” refer to Frievalt Photography, LLC and its applicable brands.

By visiting, purchasing from, creating an account with, downloading content from, or otherwise using the Services, you agree to these Terms and our Privacy Policy.

If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding agreement to purchase products, create an account, enter a contest, or use paid Services.

A person under 18 may use the Services only with the involvement and permission of a parent, legal guardian, employer, or other responsible adult account holder.

You are responsible for complying with laws that apply where you live or conduct business.

2. Changes to These Terms

We may update these Terms as our business, products, technology, or legal obligations change.

The updated version will be posted with a revised “Last Updated” date. Material changes may also be communicated by email, through the Services, or through another reasonable method.

Your continued use of the Services after revised Terms take effect means you accept the revised Terms, to the extent permitted by law.

3. Privacy Policy

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

By using the Services, you acknowledge the practices described in that policy.

4. Accounts

Some Services require an account.

You agree to:

  • Provide accurate and current information

  • Maintain the confidentiality of your password

  • Protect devices used to access your account

  • Promptly notify us of suspected unauthorized access

  • Accept responsibility for activity conducted through your account

You may not impersonate another person, create an account using false information, or use another person’s account without permission.

Account access may not be sold, rented, shared, sublicensed, or transferred unless your plan or written agreement expressly permits team access.

Different Company products may use separate account systems. A login for Seniors Unlocked, Kajabi, an event, or another service may not automatically provide access to Posabella.

5. Electronic Communications

By creating an account or making a purchase, you consent to receive electronic communications needed to provide the Services, including:

  • Account activation messages

  • Password resets

  • Receipts

  • Billing notices

  • Subscription notices

  • Product delivery messages

  • Security alerts

  • Customer-support responses

  • Changes to products, policies, or Services

These communications may be sent by email or through the applicable Service.

Marketing communications are addressed separately below.

6. Ownership of Company Content

Unless otherwise stated, the Services and all materials provided through them are owned by or licensed to the Company.

“Company Content” includes:

  • Videos

  • Courses

  • Training materials

  • Photographs

  • Posing examples

  • Templates

  • Overlays

  • Graphics

  • Artwork

  • Documents

  • Text

  • Audio

  • Software

  • Application features

  • Source code

  • HTML

  • CSS

  • JavaScript

  • Branding

  • Logos

  • Product names

  • Page designs

  • Downloads

  • Presentations

  • Workbooks

  • Prompts

  • Methods

  • Instructions

  • Databases

  • Collections and arrangements of content

Company Content is protected by copyright, trademark, trade-secret, contract, and other laws.

Except for the limited licenses stated in these Terms, no ownership rights are transferred to you.

7. General Content License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable license to access and use Company Content for your own personal or internal business purposes.

You may not, unless we provide written permission:

  • Copy or reproduce Company Content

  • Republish or repost Company Content

  • Sell, license, rent, or distribute Company Content

  • Share paid content with unauthorized users

  • Upload Company Content to another membership, course, website, app, or file-sharing system

  • Create competing products using Company Content

  • Scrape, index, harvest, or bulk-download content

  • Remove copyright notices, branding, credits, or watermarks

  • Reverse-engineer or attempt to obtain application source code

  • Use Company Content to train an artificial-intelligence model

  • Use automated tools to extract images, text, prompts, metadata, or databases

  • Claim Company Content as your own

Access may be limited to the duration of your subscription or membership.

8. Educational Content

Company Content is provided for educational and informational purposes.

You remain responsible for your own:

  • Business decisions

  • Pricing

  • Advertising

  • Contracts

  • Taxes

  • Photography services

  • Equipment use

  • Client communication

  • Safety procedures

  • Legal compliance

  • Creative choices

We do not provide legal, tax, medical, financial, employment, insurance, athletic, dance, or safety advice.

You should consult an appropriate professional for advice specific to your situation.

9. No Earnings or Business Guarantee

We do not promise or guarantee that using our products, courses, systems, templates, instruction, or Services will produce:

  • Sales

  • Revenue

  • Profit

  • Bookings

  • Followers

  • Business growth

  • Awards

  • Client satisfaction

  • Particular photographic results

Results depend on factors outside our control, including your skills, experience, effort, market, pricing, expenses, location, business practices, and execution.

Testimonials and examples describe individual experiences and are not guarantees that you will receive the same results.

10. Purchases and Payment

Prices are shown at checkout and may change at any time.

You agree to provide valid payment information and authorize the applicable payment provider to charge:

  • The purchase price

  • Applicable taxes

  • Recurring subscription charges

  • Other amounts disclosed at checkout

Payments may be processed by third-party providers such as Stripe or Kajabi.

We are not responsible for errors, outages, holds, declines, exchange rates, or other actions controlled by a payment provider or financial institution.

You are responsible for any bank, overdraft, foreign-transaction, or card fees charged by your provider.

11. Subscriptions and Automatic Renewal

Some Services are sold as recurring subscriptions.

By purchasing a subscription, you authorize recurring charges at the price and frequency disclosed at checkout until the subscription is canceled.

Subscription prices may change. When required, we will provide advance notice before a new price applies to a future renewal.

Unless stated otherwise:

  • Cancellation stops future renewal charges

  • Cancellation does not refund past charges

  • Access may continue through the end of the paid billing period

  • Deleting an app or failing to use a product does not cancel a subscription

  • You must cancel through the account, payment provider, or method identified in the purchase instructions

You are responsible for canceling before the next billing date.

12. Trials and Promotional Pricing

A trial or introductory offer applies only when expressly stated at checkout.

Unless the offer says otherwise:

  • A payment method may be required

  • The subscription may automatically convert to a paid subscription

  • You must cancel before the trial ends to avoid the first paid charge

  • A user may be limited to one trial

  • We may revoke a trial obtained through fraud or duplicate accounts

Promotional prices apply only to the offer and time period described.

13. Refund Policy

Because most Company products are digital and may be delivered immediately, purchases are generally nonrefundable unless a different refund policy is clearly stated on the applicable sales page, order form, checkout page, or written agreement.

Refund eligibility may vary by product.

Unless otherwise stated:

  • Digital downloads are nonrefundable after access or delivery

  • Membership and subscription payments already processed are nonrefundable

  • Failure to use a product does not create a right to a refund

  • Accidental renewal claims must be submitted promptly

  • Removing access or canceling an account does not require a refund

  • Processing charges and third-party fees may be nonrefundable

Physical-product returns, when accepted, may be subject to shipping, restocking, service, or processing charges disclosed at the time of the return.

Nothing in this section limits rights that cannot legally be waived.

14. Chargebacks and Payment Disputes

Contact us at [email protected] before filing a payment dispute so we have an opportunity to review the transaction.

Filing a fraudulent or knowingly inaccurate chargeback may result in:

  • Suspension of access

  • Termination of accounts

  • Collection activity

  • Recovery of chargeback fees and costs where permitted

  • Refusal of future purchases

We may provide payment processors with transaction records, account activity, login records, download records, communications, and other information relevant to a dispute.

15. Digital Product License

Digital products may include templates, overlays, backgrounds, graphics, actions, prompts, documents, designs, textures, video resources, educational downloads, or other creative assets.

Unless a product includes different written license terms, it is provided under a Standard License.

Permitted Uses

You may generally use a digital asset to:

  • Create finished photographs or artwork for your clients

  • Create flattened or completed client deliverables

  • Use the asset in your own photography marketing

  • Display completed work in your portfolio

  • Print completed artwork for the client for whom it was created

  • Modify the asset as part of a completed creative work

The asset must be incorporated into a finished work and must not be distributed in a form that allows another person to extract or reuse the original asset.

Prohibited Uses

You may not:

  • Resell or redistribute the digital asset itself

  • Share the original files with another photographer or business

  • Upload the asset to a shared-drive, membership, course, or stock library

  • Create templates, kits, overlays, backgrounds, or products for resale using the asset as a primary component

  • Create merchandise where the primary value comes from the asset

  • Create physical photography backdrops from an asset

  • Use an asset in print runs exceeding 1,000 copies without a commercial license

  • Transfer the license to multiple employers, studios, or clients

  • Use the asset in pornographic, defamatory, unlawful, hateful, exploitative, or deceptive material

  • Use the asset to train an artificial-intelligence system

  • Register the asset itself as a trademark or copyright

  • Claim authorship or ownership of the original asset

Contact [email protected] for commercial or extended licensing.

16. Ethical Use of Creative Products

You agree to use Company products in a lawful, professional, and responsible manner.

You may not use Company products to create or promote content involving:

  • Pornography

  • Sexual exploitation

  • Child exploitation

  • Nonconsensual intimate imagery

  • Defamation

  • Harassment

  • Threats

  • Hate speech

  • Fraud

  • Illegal activity

  • Copyright infringement

  • Privacy violations

  • Dangerous activity intended to encourage harmful imitation

We may suspend access when we reasonably believe Company products are being used unlawfully or in a manner that creates a risk to others or the Company.

POSABELLA-SPECIFIC TERMS

17. Posabella Description

Posabella is a posing inspiration, education, image-reference, and session-planning tool for photographers.

Features may include:

  • Posing libraries

  • Featured photographer images

  • Session boards

  • Favorites

  • Notes

  • Tags

  • User-uploaded photographs

  • Prompt generation

  • Pose descriptions

  • Planning and sharing tools

  • Other features added over time

Features, limits, storage amounts, and availability may differ by plan.

18. Poses Are for Inspiration Only

All Posabella photographs, posing examples, prompts, descriptions, diagrams, and instructions are provided for creative inspiration and educational reference only.

Posabella content is not:

  • Professional safety instruction

  • Medical advice

  • Dance coaching

  • Athletic coaching

  • Stunt coordination

  • Traffic control

  • Location approval

  • Legal permission

  • A guarantee that a pose is safe

A displayed image may have been created:

  • On a closed road

  • On private property with permission

  • On a controlled set

  • With assistants or spotters

  • With safety equipment

  • With permits

  • By a trained dancer, athlete, or performer

  • Through compositing or digital alteration

  • From an angle that hides hazards, traffic, supports, or other safety measures

Never assume that an activity is safe simply because it appears in a photograph.

19. Posabella Safety Responsibilities

You are solely responsible for evaluating the safety and suitability of every pose, prop, subject, outfit, location, activity, and surrounding environment.

You must not place a client, model, assistant, photographer, spectator, or other person in an unreasonably dangerous situation.

Extra caution must be used around:

  • Active or public roads

  • Moving and parked vehicles

  • Railroad tracks and rail property

  • Water, docks, beaches, shorelines, pools, and ice

  • Cliffs, rooftops, ledges, balconies, stairs, and elevated surfaces

  • Construction areas and abandoned buildings

  • Farm equipment and machinery

  • Fire, smoke, powders, fireworks, and special effects

  • Animals

  • Weapons or replica weapons

  • Sports equipment

  • Crowds and active sporting areas

  • Severe weather

  • Lightning

  • Heat and cold

  • Wind

  • Poor air quality

  • Slippery or unstable surfaces

  • Restricted or private property

  • Dance, gymnastics, jumping, lifting, balancing, and athletic movements

Do not photograph a person in an active traffic lane.

Do not place a person in the path of a moving vehicle.

Do not enter or photograph on active railroad property without lawful permission and proper safety control.

Do not trespass or violate traffic laws, permits, property rules, park rules, venue rules, school policies, or other laws.

20. Dance, Sports, and Movement Poses

Dance, sport, and athletic poses may cause falls, strains, joint injuries, or other harm when attempted by someone without proper training, conditioning, strength, balance, flexibility, footwear, or supervision.

A movement performed by a trained dancer or athlete may not be safe for another subject.

You agree that:

  • Subjects will only perform movements within their abilities

  • Subjects may decline or stop a pose at any time

  • You will not pressure a subject to perform a painful, frightening, unstable, or uncomfortable pose

  • Warmups, mats, coaches, assistants, parents, or spotters will be used when appropriate

  • Dance terminology is not a substitute for instruction by a qualified dance teacher

  • Sports terminology is not a substitute for instruction by a qualified coach

  • Injured, pregnant, ill, fatigued, or physically limited subjects may require modification or avoidance of a pose

21. Client Consent and Comfort

You are responsible for communicating poses professionally and obtaining the subject’s agreement.

Consider the subject’s:

  • Age

  • Physical condition

  • Mobility

  • Training

  • Experience

  • Clothing

  • Footwear

  • Personal boundaries

  • Cultural or religious concerns

  • Comfort with touch

  • Comfort with body positioning

  • Parent or guardian instructions

  • Emotional and physical safety

A subject’s decision to refuse or stop a pose must be respected.

When photographing a minor, you are responsible for obtaining appropriate permission from a parent or legal guardian.

22. Posabella Assumption of Risk

You voluntarily assume risks connected with selecting, modifying, directing, demonstrating, or attempting any pose, activity, location, prop, setup, effect, or technique shown through Posabella.

To the fullest extent allowed by law, the Company, its owners, employees, contractors, contributors, featured photographers, licensors, and service providers are not responsible for injury, death, property damage, emotional distress, legal violations, client disputes, or other losses caused by:

  • Attempting or modifying a pose

  • Choosing a location

  • Failing to identify a hazard

  • Ignoring a subject’s limitations

  • Using vehicles, props, animals, athletic movements, or effects

  • Actions of photographers, clients, models, assistants, parents, coaches, or property owners

  • Sharing a pose or uploaded image with a client

  • Treating Posabella content as safety instruction

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

23. Posabella User Content

Posabella may allow you to upload photographs, graphics, screenshots, notes, descriptions, instructions, tags, and other materials (“User Content”).

You retain the ownership rights you already have in your User Content.

You grant the Company a limited, nonexclusive license to:

  • Host

  • Store

  • Copy

  • Back up

  • Process

  • Transmit

  • Display to you

  • Technically resize or reformat

your User Content as reasonably needed to operate, maintain, secure, and provide Posabella.

This license does not transfer ownership of your photographs to the Company.

We will not use private Posabella uploads in Company advertising without your permission.

24. Rights Required for Uploads

By uploading User Content, you represent that:

  • You own it or have permission to use and upload it

  • You have any needed photographer permission

  • You have any needed client or model permission

  • You have any needed parent or guardian permission

  • You have any needed property permission

  • The upload complies with applicable contracts and releases

  • The upload does not violate copyright, trademark, privacy, publicity, contractual, or other rights

  • You are not prohibited from storing the content through an online service

You may not copy an image from another photographer, website, publication, social-media page, posing guide, or application and upload it without permission.

Giving credit does not replace permission.

25. Prohibited Posabella Content

You may not upload, store, create, request, or share through Posabella content that:

  • Contains pornography or sexually explicit conduct

  • Contains sexualized or exploitative images of minors

  • Depicts child sexual abuse

  • Contains nonconsensual intimate imagery

  • Was created or obtained without required permission

  • Violates copyright, trademark, privacy, publicity, or contractual rights

  • Promotes suicide or self-harm

  • Promotes abuse, trafficking, or exploitation

  • Contains credible threats, stalking, or targeted harassment

  • Promotes hatred or violence against protected groups

  • Encourages criminal conduct

  • Encourages dangerous conduct likely to cause harm

  • Contains malware, spyware, viruses, or harmful code

  • Violates applicable law

  • Interferes with Posabella

  • Impersonates another person

  • Is fraudulent or deceptive

The fact that content is intended for private use does not make prohibited content acceptable.

26. Images of Minors

You may upload photographs of minors only when you have the right and proper permission to possess, use, and store them.

You may not upload:

  • Nude or sexually explicit images of minors

  • Sexualized posing involving minors

  • Exploitative or abusive images

  • Images created in a setting where the minor had a reasonable expectation of privacy

  • Images obtained without required consent

  • Images intended to humiliate or endanger a minor

We may preserve and report suspected illegal content to law enforcement or an appropriate reporting organization.

27. Private Uploads and Client Sharing

Posabella uploads are intended to be associated with your account unless you choose to use a sharing feature.

We do not routinely review private uploads. However, authorized personnel or service providers may access content when reasonably needed to:

  • Provide technical support

  • Investigate a security concern

  • Respond to a complaint

  • Enforce these Terms

  • Comply with law

  • Protect users or the public

No online storage system is risk-free.

You should maintain your own backup and should not use Posabella as your only permanent archive.

You are responsible for reviewing content before sharing it with a client.

A client may find an image, pose, note, or concept offensive, embarrassing, unsafe, sexualized, or inconsistent with personal boundaries. The Company is not responsible for a client’s response to content selected or shared by you.

28. Featured Photographer Content

Photographs and posing examples supplied by featured photographers remain owned by their copyright holders unless stated otherwise.

Your Posabella access allows you to view these images for photography reference within the application.

You may not:

  • Download them outside an authorized feature

  • Copy or screenshot them for redistribution

  • Repost them

  • Sell them

  • Sublicense them

  • Use them in your own course, posing guide, app, template, product, or advertisement

  • Claim them as your own work

  • Remove credits or watermarks

  • Use them to train an artificial-intelligence model

You may use the posing concept as inspiration for your own photography, subject to safety, permission, and applicable law.

29. Posabella Content Accuracy

Posabella may use tagging, generated text, artificial-intelligence tools, or other automated systems.

We do not guarantee that:

  • Pose names are always correct

  • Dance terminology is always correct

  • Sports terminology is always correct

  • Tags are complete

  • Generated descriptions accurately reflect an image

  • Suggested instructions are safe for a particular person

  • Search results will include every relevant image

You must review all output before using or sharing it.

30. Posabella Storage and Availability

We do not guarantee permanent storage of uploaded images, boards, notes, or other content.

You are responsible for keeping copies of important material.

Features and storage limits may change. We may establish:

  • File-size limits

  • Storage limits

  • Upload limits

  • Supported file formats

  • Account inactivity rules

  • Data-retention rules

Loss of access may occur following cancellation, expiration, suspension, termination, or technical failure.

COMMUNITIES, COMMENTS, AND SUBMISSIONS

31. Community Conduct

Some Services may include groups, comments, forums, classes, chats, reviews, or other shared areas.

You may not post content that:

  • Harasses or threatens others

  • Violates another person’s privacy

  • Infringes intellectual property

  • Contains spam or unauthorized promotions

  • Contains pornography

  • Exploits minors

  • Encourages illegal conduct

  • Contains malware

  • Impersonates another person

  • Disrupts the community or Services

You are responsible for information you publicly share.

We may moderate, remove, or restrict content, but we are not required to monitor every post.

32. Feedback and Suggestions

You may send ideas, feature requests, comments, or suggestions.

You retain ownership of materials you already own. However, you grant the Company a perpetual, worldwide, royalty-free, nonexclusive right to use feedback and general suggestions to develop, improve, market, and operate its products.

We are not required to compensate you for unsolicited ideas.

This section does not transfer ownership of private Posabella uploads, client images, or commissioned work to the Company.

33. Reviews and Testimonials

When you voluntarily submit a review, testimonial, image, video, or success story for promotional use, you grant the Company permission to use, reproduce, edit for length or clarity, display, and publish that submission in marketing, educational, and promotional materials.

We will not materially change the meaning of your statement.

You represent that the testimonial reflects your honest experience.

Any incentive, free product, refund, affiliate relationship, or other material connection connected to a testimonial must be disclosed where required.

You may contact us to request that we stop using a testimonial in future marketing. Removal from materials already printed, distributed, recorded, or scheduled may not be possible.

MARKETING AND SMS

34. Marketing Emails

We may send marketing emails when permitted by law and based on your relationship with the Company, your signup choices, or your consent.

Marketing emails may include:

  • Educational content

  • Product announcements

  • Promotions

  • Event notices

  • Membership information

  • Posabella tips and updates

  • Photography resources

You may unsubscribe through the link provided in a marketing email or by contacting [email protected].

Unsubscribing from marketing does not stop account, purchase, billing, security, or service communications.

35. SMS Communications

You will receive marketing text messages only after providing the consent required for that messaging program.

Message frequency may vary. Message and data rates may apply.

Consent to marketing texts is not required as a condition of purchase.

You may reply:

  • STOP to opt out

  • HELP for assistance

We may continue to send nonmarketing messages when permitted, such as responses to a support request you initiated.

COPYRIGHT

36. Copyright Complaints

We respect intellectual-property rights.

A copyright owner who believes material available through the Services infringes a copyright may send a notice containing:

  • Identification of the copyrighted work

  • Identification and location of the allegedly infringing material

  • The copyright owner’s or agent’s contact information

  • A statement of good-faith belief that the use is unauthorized

  • A statement that the information is accurate

  • A statement, under penalty of perjury, that the sender is authorized to act

  • A physical or electronic signature

Send copyright notices to:

Copyright Agent
Frievalt Photography, LLC
Email: [email protected]
Mailing Address: [INSERT CURRENT MAILING ADDRESS]
Telephone: [INSERT TELEPHONE NUMBER]

We may request more information before acting.

Submitting a false copyright complaint may create legal liability.

37. Repeat Infringers

Where appropriate, we may suspend or terminate users who repeatedly infringe intellectual-property rights.

CONTESTS AND PROMOTIONS

38. Application of Contest Rules

The Company may operate photo contests, giveaways, challenges, or promotions.

Each promotion may have separate Official Rules describing:

  • Sponsor

  • Eligibility

  • Geographic restrictions

  • Entry period

  • Entry method

  • Judging

  • Prizes

  • Winner notification

  • Required releases

  • Additional restrictions

The posted Official Rules for a specific promotion control if they conflict with this general section.

A promotion is void where prohibited.

39. General Contest Eligibility

Unless the specific Official Rules state otherwise, Company contests are open only to legal residents of the fifty United States and the District of Columbia who are at least 18 years old at the time of entry.

Employees, contractors directly involved with the promotion, immediate family members, and household members may be excluded.

No purchase is necessary unless the promotion is legally structured and clearly identified as a skill contest that permits an entry fee.

40. Contest Entries

You are responsible for making sure your entry:

  • Is your original work or is submitted with permission

  • Does not infringe copyright or trademark rights

  • Does not violate privacy or publicity rights

  • Has all required model, parent, property, and photographer releases

  • Does not contain defamatory or unlawful material

  • Does not contain pornography or exploitation

  • Complies with the specific Official Rules

We may request proof of ownership, permission, releases, identity, age, or eligibility.

Failure to provide requested documentation may result in disqualification.

41. Contest Entry License

By entering a contest, you retain ownership of your photograph.

Unless the specific Official Rules state otherwise, you grant the Company a nonexclusive, worldwide, royalty-free license to display, reproduce, resize, crop, publish, and share the entry for:

  • Administering the contest

  • Announcing results

  • Displaying finalists and winners

  • Promoting the contest

  • Promoting future Company contests

  • Educational discussion

  • Company websites, email, social media, and publications

This license does not permit the Company to sell the photograph as a standalone stock image or transfer ownership of it.

Where practical, the Company may identify the photographer.

42. Contest Judging and Winners

Contest judging may be based on criteria described in the applicable Official Rules.

Decisions of the Sponsor and judges are final to the extent permitted by law.

The odds of winning depend on the number and quality of eligible entries.

Potential winners may be required to:

  • Verify eligibility

  • Provide releases

  • Sign a declaration

  • Supply tax information

  • Respond within a stated period

  • Continue complying with the Official Rules

Failure to respond or provide required materials may result in forfeiture and selection of an alternate winner.

43. Contest Conduct

We may disqualify a person who:

  • Tampers with the entry process

  • Uses automated or fraudulent entries

  • Misrepresents ownership

  • Harasses participants or judges

  • Attempts to manipulate voting

  • Violates the Official Rules

  • Acts in an unlawful or disruptive manner

We may suspend, modify, or cancel a contest when fraud, security issues, technical failures, disasters, or other circumstances interfere with its administration.

44. Contest Release

To the fullest extent permitted by law, entrants release the Company, Sponsor, judges, promotional partners, and their respective owners, employees, contractors, and agents from claims arising from:

  • Participation in the contest

  • Submission or display of an entry

  • Technical or transmission errors

  • Winner selection

  • Acceptance or use of a prize

  • Travel or activities associated with a prize

Nothing in this section excludes liability that cannot legally be excluded.

THIRD-PARTY SERVICES

45. External Services and Links

The Services may connect to or link to third-party platforms, including payment processors, course platforms, hosting providers, social networks, email providers, and other tools.

We do not control third-party services and are not responsible for:

  • Their content

  • Their privacy practices

  • Their security

  • Their fees

  • Their uptime

  • Their account decisions

  • Their updates

  • Their errors

  • Their terms

Your use of a third-party service is governed by your agreement with that provider.

46. Affiliate Links and Recommendations

Some Company content may include affiliate links or sponsored recommendations.

The Company may receive compensation when you purchase through an affiliate link.

Recommendations reflect our opinions or experiences at the time they are made. You remain responsible for evaluating a product or service before purchasing it.

AVAILABILITY AND ENFORCEMENT

47. Service Changes

We may:

  • Add or remove features

  • Change product limits

  • Update content

  • Replace platforms

  • Discontinue products

  • Modify plans

  • Perform maintenance

  • Restrict access for security reasons

We do not guarantee that every feature, product, course, download, contributor, image, or service will remain available permanently.

When a material paid Service is discontinued, we will determine an appropriate response based on the circumstances, applicable purchase terms, and law.

48. Suspension and Termination

We may suspend, limit, or terminate access when we reasonably believe you:

  • Violated these Terms

  • Failed to pay

  • Engaged in fraud

  • Created a security risk

  • Shared unauthorized access

  • Copied or redistributed Company Content

  • Infringed another person’s rights

  • Uploaded prohibited content

  • Abused another user, contributor, client, or Company representative

  • Used automated extraction tools

  • Interfered with the Services

  • Used a product unlawfully

Termination may result in loss of access to courses, downloads, Posabella boards, uploads, notes, favorites, and other account content.

Sections intended by their nature to survive termination will remain effective.

DISCLAIMERS AND LIABILITY

49. Services Provided As Is

THE SERVICES AND COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS WARRANTIES OF:

  • MERCHANTABILITY

  • FITNESS FOR A PARTICULAR PURPOSE

  • NON-INFRINGEMENT

  • ACCURACY

  • AVAILABILITY

  • SECURITY

  • SAFETY

  • RESULTS

We do not guarantee that the Services will be uninterrupted, error-free, secure, compatible with every device, or free from harmful components.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

50. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, EMPLOYEES, CONTRACTORS, CONTRIBUTORS, FEATURED PHOTOGRAPHERS, LICENSORS, SPONSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

This includes loss arising from:

  • Lost profits

  • Lost revenue

  • Lost data

  • Loss of business

  • Service interruption

  • Account termination

  • Client claims

  • Equipment damage

  • Unsafe posing

  • User Content

  • Unauthorized access

  • Reliance on educational content

  • Third-party services

  • Use or inability to use the Services

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING FROM A PRODUCT OR SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THAT PRODUCT OR SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

The limitations in these Terms do not apply where prohibited by law.

51. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, contributors, featured photographers, licensors, sponsors, and service providers from claims, damages, liabilities, judgments, costs, and reasonable legal fees arising from:

  • Your use of the Services

  • Your photography business or sessions

  • Your posing or safety decisions

  • Your User Content

  • Your contest entries

  • Your violation of these Terms

  • Your violation of law

  • Your infringement of copyright, trademark, privacy, publicity, contractual, or other rights

  • Your conduct involving a client, model, assistant, employee, or other person

We may assume control of the defense of a matter subject to indemnification. You agree to provide reasonable cooperation.

52. Security

We use reasonable measures intended to protect the Services and account information.

No system is completely secure.

You acknowledge that unauthorized parties may attempt to access, alter, copy, or destroy online information.

You use online storage and transmission at your own risk, subject to rights that cannot legally be waived.

53. Force Majeure

The Company is not responsible for delay or failure caused by events outside its reasonable control, including:

  • Natural disasters

  • Severe weather

  • Fire

  • War

  • Terrorism

  • Labor disputes

  • Government actions

  • Power failures

  • Internet outages

  • Hosting failures

  • Cyberattacks

  • Public-health emergencies

  • Supplier failures

  • Payment-network failures

54. Governing Law and Venue

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, disputes will be brought in the state or federal courts serving Brown County, Wisconsin.

You consent to the personal jurisdiction of those courts.

55. Time Limit for Claims

To the extent permitted by law, a claim relating to the Services must be filed within one year after the event giving rise to the claim.

A claim filed after that period is barred.

This section does not apply when applicable law prohibits shortening a limitation period.

56. Severability

If a provision of these Terms is found unlawful or unenforceable, that provision will be enforced to the maximum extent permitted or severed.

The remaining provisions will continue in effect.

57. No Waiver

Failure to enforce a provision does not waive our right to enforce it later.

A waiver is effective only when made in writing by an authorized representative of the Company.

58. Assignment

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

We may assign these Terms in connection with a merger, sale, restructuring, financing, transfer of assets, or similar transaction.

59. Entire Agreement

These Terms, the Privacy Policy, applicable checkout terms, product-specific licenses, subscription terms, contest Official Rules, and any signed written agreement form the entire agreement between you and the Company concerning the applicable Services.

When documents conflict, the following order generally applies:

  1. A signed written agreement

  2. Product-specific or contest-specific terms

  3. Checkout or subscription terms

  4. These Terms

  5. General marketing descriptions

60. Contact Information

Questions about these Terms may be sent to:

Frievalt Photography, LLC
Doing business as Seniors Unlocked and Posabella
Email: [email protected]