VISUAL COMMERCE TERMS OF USE

Thank you for your interest in submitting your Customer Content for use in connection with the Brahmin Image Gallery and its related platform extensions (the “Visual Commerce Service” or “VCS”). These Terms of Use (“VCS Terms”) govern your conduct associated with the VCS offered by Brahmin. The VCS Terms reference and fully incorporate Brahmin’s Privacy Policy, the BRAHMINREWARDS Terms of Use (the “BRP Terms”), and Website Terms of Use (the “Terms”). To the extent there is any conflict between Brahmin’s Privacy Policy, the BRP Terms, and the Terms, and the VCS Terms, the VCS Terms shall control with respect to the VCS.

By submitting any Customer Content (as defined in the Terms), you agree to abide by the Terms, the BRP Terms, and the VCS Terms. These Terms apply to all Customer Content (including text, images, video, and links) that you submit to Brahmin, and to any actions you take related to your use of the VCS.

In addition to your representations and warranties found in the Terms and the BRP Terms, through your use of VCS, you represent and warrant that you are at least 18 years of age; that you are the sole human subject depicted in the Customer Content.

You agree that the Customer Content you submit is not confidential or proprietary, and that it will not be treated as such by Brahmin.

By submitting Customer Content, you grant to Brahmin a license to your Customer Content as described in the Terms, and that use of all Customer Content is at Brahmin’s sole discretion.

In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permissible under applicable law, Brahmin disclaims responsibility for and will not be liable for: (i) your ability or inability to upload or download any Customer Content onto the VCS; (ii) technical problems or malfunctions that affect the VCS or viewing of the Customer Content; (iii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received, Customer Content or data transmissions; (iv) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (v) any condition beyond Brahmin ’s control.