Terms of Service

1. Acceptance of Terms

By accessing and using ND|Visuals ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Use of Service

ND|Visuals provides a platform for browsing, purchasing, and downloading high-quality photography images. The Service is intended for users who are at least 18 years of age or have parental consent. All content available through the Service is appropriate for all ages.

3. User Accounts

Browsing images on ND|Visuals does not require an account. However, to download images (both free and paid), you must provide your name and email address. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

4. Privacy and Data Collection

By using ND|Visuals, you consent to our collection, use, and disclosure of your information as described in our Privacy Policy. We collect certain information necessary to provide and improve our Service.

4.1 Information We Collect

To use our Service, we may collect:

• Personal Information: Name and email address (required for image downloads)
• Payment Information: Processed securely through third-party payment processors (Apple Pay, Google Pay, or invoice systems)
• Usage Data: IP address, browser type, device information, and analytics to improve our Service
• Cookies and Tracking: We use cookies and similar technologies to track activity and enhance your experience

4.2 Why We Collect This Information

Data collection is necessary for:

• Processing and fulfilling your download requests
• Processing payments for paid images
• Sending download links and confirmations
• Improving and optimizing our Service
• Detecting and preventing fraud or abuse
• Complying with legal obligations

4.3 Third-Party Service Providers

We work with trusted third-party service providers who help us operate our Service:

• Cloudinary: Image hosting and processing
• AWS S3: Secure image storage
• Cloudflare: Hosting, database services, and security
• Payment Processors: Apple Pay, Google Pay, and invoice processing systems

These service providers have access to your information only to perform services on our behalf and are obligated not to disclose or use it for any other purpose.

4.4 Data Security

We implement appropriate technical and organizational measures to protect your personal information. However, no method of transmission over the Internet is 100% secure, and we cannot guarantee absolute security.

4.5 Your Privacy Rights

You have certain rights regarding your personal information, including the right to access, correct, or delete your data. If you are located in the European Economic Area (EEA) or United Kingdom, you have additional rights under the General Data Protection Regulation (GDPR). For detailed information about your privacy rights and how to exercise them, please see our Privacy Policy.

5. Payment Terms

For paid images, payment is required before download access is granted. All prices are displayed in USD unless otherwise stated.

5.1 Payment Methods

We accept the following payment methods:

• Apple Pay: Available on supported Apple devices
• Google Pay: Available on supported Android devices and Chrome browsers
• Invoice: For business customers, we may provide invoice-based payment options

All payments are processed securely through our trusted payment partners. We do not store your full payment card information on our servers.

5.2 Refunds

Refunds are handled on a case-by-case basis. If you experience issues with a paid download, please contact us at privacy@nd-visuals.com. Refund requests must be made within 30 days of purchase.

6. Intellectual Property

All images available through ND|Visuals are protected by copyright and other intellectual property laws. Images are owned by Noah DeYoung or licensed to Noah DeYoung. When you download an image, you are granted a license to use that image according to the terms specified in the License Agreement, which you must accept before downloading.

You do not acquire ownership rights to any image by downloading it. All rights not expressly granted are reserved.

7. Prohibited Uses

You agree not to:

• Use images in any way that violates applicable laws or regulations
• Use images to create content that is defamatory, libelous, or harmful
• Resell, redistribute, or sublicense images except as permitted by the license agreement
• Remove watermarks, copyright notices, or other proprietary markings from preview images
• Use automated systems, bots, or scrapers to download images in bulk without explicit authorization
• Attempt to reverse engineer, extract, or bypass watermarks from preview images
• Use images in a manner that infringes upon the rights of others
• Access or attempt to access admin areas or restricted portions of the Service without authorization (admin areas are protected by Cloudflare Access)
• Interfere with or disrupt the Service or servers connected to the Service

8. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOAH DEYOUNG AND ND|VISUALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last updated" date at the top of this page. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Florida.

13. Contact Information

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

ND|Visuals
Noah DeYoung
5753 Highway 85 N PMB 3496
Crestview, FL 32536
Email: privacy@nd-visuals.com