Terms & Conditions


The website www.vmdpros.com and mobile versions of the same (the “Website”) are operated by Visual Marketing & Design LLC, its parents, subsidiaries, affiliates, and third-party vendors, contractors or agents (collectively “VMD” or “we” or “our” or “us”). The products and services offered by VMD, including without limitation, services offered through the Website and/or any software, code or applications related to the Website and the Photography Services as defined in the Standard Licensing Terms, shall be collectively referred to herein as the “Services.” By using the Services, in addition to and without limitation of any other electronic signatures you may provide, you agree to become a party to and legally bound by these Terms and Conditions, our Privacy Policy, our MSA and/or Standard Licensing Terms if applicable, and any invoices and supplemental notices or communications that we may send you (collectively referred to herein as the “Agreement”). 

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING THE SERVICES. This Agreement constitutes a binding agreement between you and VMD. You must, if signing on behalf of another person or entity, be authorized by that person/entity to bind it/him/her to this Agreement, and you hereby agree that you are binding both that person/entity and yourself to this Agreement, and that both that person/entity and yourself shall be jointly and severally liable to VMD for any breach of this Agreement. In the event of conflict between the Agreement and a Master Services Agreement executed by and between you and VMD (a “MSA”), the terms of the MSA shall control.

Your VMD Account

In order to access some or all of the Services, we may require that you create an account (the “Account”) by registering directly with us. You agree to provide accurate and complete information when creating your Account, to update your information if and when changes occur, and that all communications, content, and information provided by you through the Account shall be accurate and complete. If you create an Account, you shall have sole responsibility for the Account and anyone using your login information to access your Account. You are responsible for preventing unauthorized use. Your Account may not be sold or transferred to another person. If anything fraudulent or otherwise illegal is done with your Account, we reserve the right to hold you liable for any and all damages we may suffer, either directly or as a result of action against us by a third party. We may terminate your Account at any time in the event of your breach of the Agreement, to be determined at VMD’s sole discretion. We also reserve the right to terminate our offering of the Services for any reason (or no reason).

Permitted Uses

As an express condition of using any of the Services, you represent and agree that you:

  • have read and understand the Agreement;
  • are 18 years of age or older;
  • are a resident of the United States of America (USA) and are accessing the Services  from the USA or, if you are not a resident of the USA and/or are accessing the Services from outside of the USA, you agree to waive any rights you may have under  laws outside of the USA, including data privacy rights;
  • are legally capable of entering into binding contracts;
  • are not prohibited by law from using our Services and have not previously been  banned, terminated or otherwise denied access to our Services by us;
  • are not acting on behalf of a person whose access to our Services has been  previously terminated or otherwise denied by us; and
  • will comply with the Agreement.

Impermissible Conduct

VMD is granting you a limited license to access and to use the Services. The Website and all software and other technology used by VMD in providing the Services are private property owned by VMD. We may limit or deny your access and use of the Services, and may seek other remedies, at any time in our sole discretion, including without limitation if you engage in any illegal or improper conduct as judged by us in our sole discretion. The following actions (including all attempted actions) are prohibited and constitute a violation of this Agreement:

Submitting false or inaccurate information

  • Committing illegal acts, including, without limitation, fraud with your account;
  • Falsely disparaging or speaking badly about VMD, the Services, or any of the businesses, entities or individuals related to the Services;
  • Using the Services to harass or threaten another user using the Services;
  • Using the Services to interfere with their functionality or solicit customers or businesses in any way that might harm or interfere with the business interests of VMD;
  • Breaching security protocols and measures related to the Services or using the Services to copy, store, host, transmit, send, use, publish or distribute any material that consists of or is linked to any spyware, computer virus, or other malicious computer software or to collect any personally identifiable information of the users of the Services, like names and email addresses, without such user’s written consent; and  Attempting to use, copy, duplicate, aggregate, reverse engineer, steal or otherwise appropriate in an unauthorized way VMD’s or its licensors’ intellectual property and/or their logos, taglines, trademarks, service marks, copyrights and patents or the intellectual property, information or data of any third party.