These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Client”) and Thrive Now Brands Inc. doing business as Photographers Advantage (“Photographers Advantage,” “Company,” “we,” or “us”), which is the owner and operator of www.photographersadvantage.com (the “Site”) and the provider of media publication facilitation services, including all associated content services, platforms, tools, products, and benefits (collectively, with the Site, referred to herein as the “Services”).
These Terms, along with any associated policies or documents we reference or make available (collectively, the “Policies”), govern your access to and use of the Services. By purchasing a media feature, accessing our Services, or continuing to engage with us, you acknowledge and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference and may be updated periodically.
If you do not agree to these Terms or the Policies, do not use or continue to use the Services.
Your access to and use of the Services is also subject to your timely payment of all applicable fees and your full compliance with these Terms and the Policies. Failure to comply may result in suspension or termination of your access to the Services.
We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms, the Site, or the Services at any time. If we revise these Terms, we will update the “Last Revised” date at the top of this page. Unless stated otherwise, all changes will be effective immediately upon posting.
While we may notify you by email of material changes (at the email address associated with your order or profile), you are responsible for reviewing these Terms regularly to stay informed of any updates. By continuing to use the Services after any changes are posted, you agree to be bound by the revised Terms.
You must be at least eighteen (18) years old to use the Services. By using our Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal authority to enter into these Terms. If you are not at least eighteen years old, you are not permitted to access or use our Services.
If you are using the Services on behalf of another individual or entity (each, a “Beneficiary”), you represent, warrant, and agree that:
Thrive Now Brands Inc. DBA Photographers Advantage (“Photographers Advantage,” “we,” “our,” or “us”) provides media publication facilitation services whereby clients (“you” or “Client”) are featured in online digital magazines through third-party publishing vendors (“Publishing Vendors”).
Upon purchase of a media feature, you will be required to complete a content intake questionnaire (the “Survey”). Our editorial team uses the responses you provide to draft a written feature article (“Client Feature”) on your behalf. You will be given an opportunity to review and approve the draft before we submit it to the Publishing Vendor for publication.
We may also offer related Services, including visual or branding assets to accompany your published article. You may be given the option to include your own images, provided you own or have appropriate rights to such images (“Client Images”). Alternatively, we may provide licensed stock imagery (“Stock Images”) for use within the context of your feature. You do not acquire ownership or broader licensing rights to any Stock Images.
All Services and associated fees are confirmed at the time of purchase and governed by these Terms. Final publication decisions, formatting, placement, and timing are at the sole discretion of the Publishing Vendor.
The Services allow Clients to submit or provide certain materials for the development of a written feature article, including but not limited to survey responses, business details, biographical summaries, quotes, brand images, or other information (“Client Content”). All Client Content provided to us directly by you, or indirectly through your responses to our survey or intake forms, will be used solely to create the content to be published via our contracted publishing vendors (“Publishing Vendors”).
You represent and warrant that:
You agree to indemnify and hold harmless Photographers Advantage and its Publishing Vendors from any and all claims, liabilities, damages, or legal expenses arising from your breach of the above representations and warranties.
You understand that publication of your feature is contingent on approval by the Publishing Vendor. While Photographers Advantage makes every effort to coordinate and secure timely publication, we do not guarantee that every submitted article will be accepted or published without revisions.
Once submitted to the Publishing Vendor, your Client Feature may not be modified or removed, except at the sole discretion of the Publisher and subject to their policies and timelines.
If you include or authorize the inclusion of third-party content (e.g., quotes, trademarks, or imagery) in your Client Feature, it is your sole responsibility to obtain all necessary licenses or permissions. We reserve the right to reject or edit any content we determine, in our sole discretion, to be legally risky, infringing, or non-compliant with editorial standards.
All published Client Features will be labeled as “Contributor Content,” “Sponsored Feature,” “Paid Content,” “Branded Story,” or any other disclosure reasonably required by applicable law or by the Publishing Vendor’s editorial policy. Your article may not be positioned as an independent editorial endorsement.
You must disclose in writing at the time of submission any material relationships, compensation, gifts, partnerships, or equity ownership related to any brands, services, or products mentioned in your feature. This includes—but is not limited to—yourself, your family, your business entities, or partners.
Failure to provide appropriate disclosures may result in removal of your article or legal exposure for deceptive advertising.
You retain ownership over any original materials you provide (such as your biography, company description, or brand images). However, by submitting Client Content to us, you grant Photographers Advantage and our Publishing Vendors a worldwide, royalty-free, sublicensable, irrevocable license to use, adapt, publish, and distribute your Client Content in connection with the Services.
This includes the right to publish, promote, screenshot, archive, excerpt, or display your feature in whole or in part for editorial, marketing, and promotional purposes. This license survives the termination of this agreement.
We will not sell or license your Client Feature to third parties unrelated to your publication without your express written permission.
All written Client Features, website materials, templates, promotional graphics, service descriptions, and underlying tools used to deliver the Services (“Company Content”) are owned by Thrive Now Brands Inc. DBA Photographers Advantage and are protected by intellectual property laws.
You may not reproduce, adapt, copy, share, or create derivative works from any part of the Company Content without our express written permission, except for reposting publicly published articles with appropriate credit.
2.6 No Guarantee of Removal or Editing Post-Publication
Once your feature is published by a third-party Publishing Vendor, the article is under that publisher’s control and governed by their terms. We do not guarantee the ability to edit, unpublish, or remove your feature after publication.
You understand and agree that Photographers Advantage is not liable for any future decisions by the Publishing Vendor, including but not limited to article retention, archiving, formatting, or updates.
Our Services are offered on a one-time purchase basis. You agree to pay all fees associated with the Services at the time of purchase, unless otherwise agreed to in writing. Fees may vary depending on the publication outlet, distribution scope, content development work, or any additional add-on services selected.
All fees are listed in U.S. dollars and are non-cancellable and non-transferable once Services have commenced.
You authorize us to charge the payment method you provide at checkout (“Payment Method”) for all applicable fees. You are responsible for ensuring that your Payment Method is valid and up to date. You are also responsible for any applicable sales, use, or other taxes, including those required to be collected or withheld under applicable law.
If your payment is declined or reversed, we reserve the right to cancel or suspend Services and may pursue collection efforts or legal remedies as necessary.
3.3 Refund Policy
Due to the custom nature of our Services, all sales are final and non-refundable once any of the following actions have occurred:
Refunds will not be issued based on subjective dissatisfaction, changes of mind, or delays caused by your failure to respond to approval or revision requests in a timely manner.
Limited exceptions may apply if:
Any discretionary refunds issued by us will be credited to the original Payment Method and may be subject to a processing fee.
3.4 Chargebacks
If you initiate a chargeback or payment dispute after Services have commenced, this will be considered a material breach of these Terms. In such cases, we reserve the right to:
If a chargeback is initiated in bad faith or without first attempting to resolve the issue with us, we reserve the right to seek recovery of funds and associated legal costs.
While we strive to provide uninterrupted access to our Services, you acknowledge that the Site or Services may occasionally be unavailable due to maintenance, system upgrades, internet service disruptions, third-party publishing schedules, or other causes beyond our control. We make no guarantee regarding continuous, error-free, or uninterrupted operation of the Services.
You agree that we shall not be liable to you or any third party for any unavailability, modification, suspension, or discontinuation of the Services. Except as expressly set forth in these Terms, no refunds, credits, or compensation will be provided for temporary service interruptions or delays in publication timelines.
We strive to describe our Services, publication opportunities, and deliverables as accurately as possible in all marketing materials, communications, and content on our Site. However, we do not warrant that all information, descriptions, or representations will always be complete, current, or error-free.
We reserve the right to correct any inaccuracies, omissions, or typographical errors and to modify or cancel Services at any time without prior notice, including after an order has been submitted. If such changes materially impact your order, we may offer a suitable alternative or partial refund at our sole discretion.
You agree to notify us promptly if you discover any inconsistencies in marketing materials related to the Services you purchased, and to allow us the opportunity to remedy the issue.
From time to time, we may offer additional promotional features, discounts, bonus placements, or complimentary upgrades (“Promotional Services”) to select Clients. These may include free publication enhancements, rush delivery, media assets, or marketing exposure.
Eligibility for Promotional Services is determined solely by us and may be subject to additional terms. We reserve the right to:
If you receive a promotional rate or service enhancement, you agree not to disclose its terms publicly without our written consent.
All Promotional Services are non-transferable, may not be exchanged for cash or credit, and are provided “as-is” without warranties unless otherwise specified.
As a condition of accessing and using our Services, you agree to comply with the following Client Code of Conduct and represent and warrant that your actions in connection with the Site, Services, and any third-party Publishing Vendor will not:
We reserve the right to investigate any suspected violation of this Code of Conduct. If we determine, in our sole discretion, that you have violated this section or any other provision of these Terms:
You agree to cooperate fully in any investigation and to immediately cease any activity deemed to be in violation of these Terms upon request.
We reserve the right, but are not obligated, to monitor, review, screen, and evaluate all Client Content, including any written material, imagery, statements, or disclosures submitted for use in connection with the Services or for publication through our third-party Publishing Vendors.
We may, in our sole discretion, take any of the following actions with respect to Client Content:
You acknowledge and agree that any decisions regarding content monitoring or editing are made in our sole editorial and legal discretion and are not subject to negotiation or dispute once rendered.
We fully cooperate with law enforcement and government agencies. You expressly waive any claims against us arising from our compliance with any investigation, subpoena, or legal process, including the disclosure of your identity, content submissions, or related communications.
We may retain copies of your submitted and/or published content, including drafts and final versions, for internal recordkeeping, quality assurance, and legal defense purposes. You agree to retain your own backup copies of any content or materials you submit for at least three (3) years following publication.
Thrive Now Brands Inc. DBA Photographers Advantage (“Photographers Advantage”) reserves the right, in its sole discretion, to deny, cancel, suspend, lock, modify, or terminate access to the Site or the Services for any reason, including but not limited to the following:
We may exercise these rights without prior notice to you. If your access to the Services is suspended or terminated under this Section, you are not entitled to a refund of any fees already paid, and we reserve the right to pursue any appropriate legal or equitable remedies available.
The Site and Services may contain links to or references to third-party websites, platforms, or content (“External Sites”) for your convenience. These may include, but are not limited to, links to Publishing Vendor websites where your article is hosted, as well as media outlets, affiliate services, or other resources.
We do not control, monitor, or guarantee the accuracy, relevance, or appropriateness of any content on External Sites. Inclusion of such links does not imply endorsement, sponsorship, or affiliation with the third party or its services.
You acknowledge and agree that:
We assume no liability for any loss or damage incurred as a result of your dealings with External Sites. You should exercise caution and review the applicable terms of any third-party website before engaging with it.
The Site and Services, including any written content, communication, features, tools, and third-party publication opportunities, are provided on an “as-is,” “as-available,” and “with all faults” basis without warranties of any kind, express or implied.
To the fullest extent permitted by law, Thrive Now Brands Inc. DBA Photographers Advantage and its officers, employees, contractors, licensors, and affiliates expressly disclaim all warranties, whether statutory, express, or implied, including but not limited to:
We expressly disclaim responsibility for any damages, loss of data, publication delays, declined submissions, formatting issues, or editorial modifications made by third-party Publishing Vendors.
You understand and agree that all use of the Site and Services is at your sole risk. We make no guarantees that your content will result in measurable business performance, media attention, press requests, or any specific marketing result.
To the fullest extent permitted by applicable law, Thrive Now Brands Inc. DBA Photographers Advantage, including its officers, directors, employees, agents, licensors, contractors, and affiliates (collectively, the “Protected Parties”), shall not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:
This limitation applies regardless of the cause of action—whether in contract, tort (including negligence), strict liability, warranty, or otherwise—and even if the Protected Parties were advised of the possibility of such damages.
In no event shall our total cumulative liability to you for any claims arising out of or relating to these Terms, the Site, or the Services exceed the total amount actually paid by you to us in connection with the specific Service giving rise to the claim, within the three (3) months immediately preceding the event or circumstance giving rise to such claim.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such cases, the above limitations may not apply to you, and you may have additional rights.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Thrive Now Brands Inc. DBA Photographers Advantage, its affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all third-party claims, liabilities, losses, damages, demands, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which indemnification is required. You agree to cooperate fully with our defense and not to settle any claim without our prior written consent.
Your obligations under this Section shall survive the termination or expiration of your use of the Services.
The Services and Site are subject to United States export control laws, regulations, and restrictions, including those administered by the U.S. Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”), and other U.S. authorities (collectively, “U.S. Export Laws”).
By accessing or using the Services, you represent and warrant that:
If you access the Site or use the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws to the extent they do not conflict with U.S. law. If such conflict exists, you must not use or access the Services.
Your obligations under this section shall survive any termination or expiration of these Terms or your use of the Services.
We make no representation or warranty that the Services, the Site, or any content provided through the Services are appropriate, lawful, or available for use in every geographic location or jurisdiction.
By accessing or using the Site or Services, you do so on your own initiative and are solely responsible for compliance with all applicable local, state, national, and international laws, regulations, and restrictions, including any consumer protection, advertising, export control, or disclosure laws in your location.
Access to the Site or Services from jurisdictions where such use is illegal or otherwise prohibited is strictly forbidden. If you access or use the Services from outside the United States, you are responsible for ensuring that your use complies with all local laws and does not violate U.S. laws or regulations.
We disclaim all liability for your failure to comply with any laws or regulations applicable in your jurisdiction.
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of law principles. Any dispute between the parties that is not subject to arbitration shall be resolved exclusively in the state or federal courts located in Sarasota County, Florida, and you hereby submit to the personal jurisdiction of such courts and waive all objections to venue or forum non conveniens.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the Services (each a “Dispute”), the parties agree to first attempt to resolve the Dispute informally. Informal negotiations shall commence upon written notice from one party to the other and continue for at least thirty (30) days before either party initiates arbitration or legal proceedings.
If informal negotiations do not result in a resolution, any unresolved Dispute shall be submitted to final and binding arbitration conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, where applicable, the AAA’s Consumer Arbitration Rules.
YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
To the fullest extent permitted by law, all Disputes must be arbitrated on an individual basis and not in a class, collective, consolidated, or representative proceeding. You agree not to serve as a class representative or participate as a member of a class in any class, collective, or representative action against us.
The following Disputes are excluded from the arbitration requirement and may be brought directly in court:
Any Dispute or claim you may have arising out of or related to these Terms, the Site, or the Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such claim is permanently barred.
No waiver by Thrive Now Brands Inc. DBA Photographers Advantage of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Any waiver must be in writing and signed by an authorized representative of Thrive Now Brands Inc. DBA Photographers Advantage to be legally binding. No waiver shall be implied by conduct, delay, or failure to enforce any rights.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable for any reason, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms of Service, together with our Privacy Policy, Refunds Policy, and Terms Policy, and any supplemental terms, guidelines, or policies expressly incorporated by reference, constitute the entire agreement between you and Thrive Now Brands Inc. DBA Photographers Advantage with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
No oral or written statement by any employee, representative, contractor, or agent of Photographers Advantage may modify or waive any provision of these Terms unless explicitly agreed to in writing by an authorized officer of the Company.
You acknowledge that you have not relied upon any promise, representation, or warranty that is not expressly set forth in these Terms.
You may not assign, delegate, or transfer these Terms, your rights, or obligations under them, whether by operation of law or otherwise, without the prior written consent of Thrive Now Brands Inc. DBA Photographers Advantage, and any attempted assignment without such consent shall be null and void.
We may assign or transfer our rights and obligations under these Terms at any time without notice or restriction, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
If you have any questions about these Terms, our Services, or your relationship with Thrive Now Brands Inc. DBA Photographers Advantage, please contact us at:
Thrive Now Brands Inc.
DBA Photographers Advantage
Based in Sarasota, Florida
Email: admin @ thrivelocally .com
We will make reasonable efforts to respond to inquiries in a timely and professional manner.
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