Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://watermarkphotos.app website (the "Service") operated by Granola, LLC, a limited liability company organized under the laws of the state of Washington ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by contacting us at [email protected] or by clicking “unsubscribe” on an email message you receive from us.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Granola LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Granola LLC customer support team by email at [email protected].

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Granola LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, you automatically authorize Granola LLC to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Granola LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

Granola LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Granola LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Granola LLC on a case-by-case basis and granted in sole discretion of Granola LLC.

Content

Granola, LLC may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content") on its social media accounts. You are responsible for the Content that you post, including its legality, reliability, and appropriateness.

By posting Content on Granola, LLC’s social media accounts, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on any Granola, LLC forum. However, by posting Content on our forum, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

The Company has the right but not the obligation to monitor and edit all Content provided by users and reserves the right to suspend and/or terminate the account of anyone found to have violated the Terms.

In addition, Content found on or through this Service are the property of Granola, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Conduct

At all times when using or accessing this Service, and/or when visiting any social media account belonging to Granola, LLC, you agree that:

  1. You are solely responsible for the content or information you publish or display (hereinafter, “post”) on our social media accounts or transmit to other members.
  2. You will not post on social media accounts, or transmit to other members or Granola, LLC employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Please contact us at [email protected] if you believe any material contained in the Site does not comply with the foregoing.
  3. You will use the Site in a manner consistent with any and all applicable laws and regulations.
  4. You will not “stalk” or otherwise harass any person in any way.
  5. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Site or social media account.
  6. You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
  7. You will not harvest or collect personal information about other members whether or not for commercial purposes, without our written consent.
  8. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  9. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  10. You will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site.
  11. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment.
  12. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  13. You will not “frame” or “mirror” any part of the Site, without our prior written authorization. You also shall not use meta tags or code or other devices containing any reference to our services or the Site in order to direct any person to any other website for any purpose.
  14. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
  15. You are solely responsible for your interactions with other members. Granola, LLC reserves the right, but has no obligation, to monitor disputes between you and other members.
  16. You will respond fully, truthfully, and within three (3) business days to any request for information or other inquiry from us related to your or another member’s compliance with these Terms.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Granola, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Granola, LLC.

Third Parties

Our Service may contain links to third party web sites or services that are not owned or controlled by Granola, LLC. Additionally, we may use third-party service providers to support the Service, including but not limited to payment processors and technical support and marketing services.

Granola, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Granola, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Granola, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms, or c) Content posted on website or social media account of Granola, LLC.

Limitation Of Liability

In no event shall Granola, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Granola, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Digital Millennium Copyright Act Infringement Notices and Counter-Notices

Infringement Notices

If you believe there is content on the WatermarkPhotos website or any Granola, LLC social media account that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent to Granola, LLC, 1546 NW 56th Street #1011 Seattle, WA 98107. The Company reserves the right to review the allegedly infringing material and independently determine whether it is infringing.

We may display a copy of your DMCA notice in place of the removed content.

Counter-Notices

If you believe material you posted to the Company’s site was not infringing, you can submit a counter-notice.

A counter-notification must include the following:

  • Identification of the specific URLs of material that the Company has removed or to which it has disabled access. Your full name, address, telephone number, and email address.
  • The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Company is located, and will accept service of process from the claimant."
  • The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

A scanned physical signature or a valid electronic signature is fine.

The notice should be sent to Granola, LLC, 1546 NW 56th Street #1011 Seattle, WA 98107.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.

Please also be advised that in appropriate circumstances we terminate repeat infringers.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions. Any and all lawsuits brought against the Company shall be filed in the federal or state court of competent jurisdiction in King County, Washington.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at:

Granola, LLC 1546 NW 56th Street #1011 Seattle, WA 98107

[email protected]