Last Updated: 2026-02-16
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BAYHINDTHESCENES, LLC, a California limited liability company, doing business as Airloupe (“Airloupe,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Airloupe website, platform, software, and related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service.
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1. Eligibility and Acceptance
You must be at least eighteen (18) years of age and legally capable of entering into binding contracts to use the Service. By using Airloupe, you represent and warrant that you meet these requirements and that your use complies with all applicable laws and regulations.
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2. Description of Service
Airloupe is a photographer-focused gallery, proofing, media delivery, and digital storefront platform designed primarily for professional photographers to share and deliver visual content to clients, collaborators, and limited audiences.
The Service is not designed, marketed, or intended to operate as a stock photography marketplace or a mass public distribution platform. Airloupe reserves the right to monitor usage patterns and may restrict, suspend, or terminate accounts that, in its sole discretion, engage in large-scale public distribution, excessive downloading, automated scraping, abnormal bandwidth consumption, or activity inconsistent with ordinary photographer-to-client use.
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3. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and current information and to promptly update any changes.
Airloupe reserves the right to suspend or terminate accounts that provide false information, engage in abusive conduct, violate these Terms, or create operational, legal, or security risks.
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4. User Content and License
You retain ownership of all photographs, videos, text, graphics, and other materials you upload to the Service (“User Content”). By uploading User Content, you grant Airloupe a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and process such content solely for the purpose of operating, improving, and providing the Service.
You represent and warrant that you own or have obtained all necessary rights to upload and distribute your User Content and that such content does not infringe any intellectual property, privacy, publicity, or other rights of third parties.
Airloupe does not claim ownership of User Content but reserves the right to remove content that violates these Terms or applicable law.
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5. Strict Prohibited Content Policy
Airloupe maintains a zero-tolerance policy for illegal or exploitative content.
Users are strictly prohibited from uploading, storing, transmitting, or distributing content that includes child sexual abuse material (CSAM), child pornography, or any form of exploitation of minors. Any content involving the sexual exploitation of minors will result in immediate account termination and may be reported to law enforcement authorities, including appropriate federal agencies in the United States.
Additionally, users may not upload content that is unlawful, defamatory, obscene, violent, infringing, non-consensual intimate imagery, or otherwise in violation of applicable law.
Airloupe reserves the absolute right, in its sole discretion, to investigate suspected violations and to suspend or permanently terminate accounts without prior notice.
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6. Acceptable Use and Platform Restrictions
Users agree not to misuse the Service. Prohibited conduct includes, but is not limited to: attempting to reverse engineer the platform; scraping, crawling, or harvesting data; using automated systems to download content; interfering with system integrity; bypassing security measures; or using the Service in a manner that imposes excessive technical burdens on infrastructure.
Airloupe may implement technical limitations, bandwidth controls, download restrictions, or other safeguards to preserve system integrity.
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7. Payments, Storefronts, and Commissions
If you use Airloupe’s commerce features, payments are processed through third-party payment providers such as Stripe. Airloupe does not control and is not responsible for payment processor actions, chargebacks, payment disputes, or processing errors.
Users are solely responsible for setting pricing, collecting and remitting taxes, and complying with all tax and financial reporting obligations.
Airloupe reserves the right to withhold payouts or suspend commerce features in cases of fraud, abuse, excessive chargebacks, or policy violations.
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8. Data Storage and Backup Disclaimer
While Airloupe strives to maintain reliable hosting and media delivery, the Service is not intended to function as a permanent archival or backup solution. Users are solely responsible for maintaining independent backups of all User Content.
Airloupe disclaims liability for data loss, corruption, deletion, or failure to store content.
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9. Account Inactivity and Deletion
Accounts that remain inactive for twelve (12) consecutive months, defined as no login activity, may be subject to deletion. Airloupe will attempt to provide advance notice via the email address associated with the account. If no response or login occurs within the specified notice period, the account and associated content may be permanently deleted and cannot be recovered.
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10. Intellectual Property of the Platform
All rights, title, and interest in and to the Airloupe platform, including software, design, trademarks, logos, and proprietary technology, are owned by BAYHINDTHESCENES, LLC. Users may not copy, modify, distribute, or create derivative works from the Service.
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11. DMCA and Copyright Policy
Airloupe respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content hosted on the Service infringes your copyright, you may submit a written DMCA notice including all required statutory elements to:
DMCA Agent
BAYHINDTHESCENES, LLC
945 Taraval St, #1101
San Francisco, CA 94116
Upon receipt of a valid notice, Airloupe may remove or disable access to the allegedly infringing material and may terminate repeat infringers.
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12. Privacy and Data Processing
Your use of the Service is also governed by our Privacy Policy. Airloupe operates from the United States, and by using the Service you consent to the transfer, storage, and processing of data in the United States.
California residents may have rights under the California Consumer Privacy Act (CCPA). International users acknowledge that the Service is governed primarily by U.S. law and that Airloupe does not represent full compliance with foreign data protection regimes, including GDPR.
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13. Termination
Airloupe may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms, create legal exposure, misuse the platform, or engage in prohibited conduct.
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14. Limitation of Liability
To the fullest extent permitted by law, Airloupe and BAYHINDTHESCENES, LLC shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data. The total aggregate liability shall not exceed the amount paid by you to Airloupe in the twelve (12) months preceding the claim.
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15. Indemnification
You agree to indemnify and hold harmless BAYHINDTHESCENES, LLC and its members, officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your content, your misuse of the Service, or your violation of these Terms.
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16. Binding Arbitration and Class Action Waiver
Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in the State of California under the rules of the American Arbitration Association. You waive the right to a jury trial and agree that claims may only be brought in your individual capacity, not as part of a class action or representative proceeding.
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17. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
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18. Modifications
Airloupe reserves the right to modify these Terms at any time. Continued use of the Service following changes constitutes acceptance of the revised Terms.
