Terms of Service

These Terms of Service ("Terms") govern your access to and use of antiquephotostock.com (the "Site"), operated by Historical Photos LLC, doing business as AntiquePhotoStock ("we," "us," or "our"). By using the Site you agree to these Terms. If you do not agree, do not use the Site.

1. Eligibility & Accounts

You must be at least 18 years old to create an account or sell photographs to us. You are responsible for keeping your password secure and for any activity under your account. You may have only one account at a time. We may suspend or terminate accounts that violate these Terms.

2. The Catalog (Buying Side)

The Site catalogs antique and vintage photographs available on eBay. Clicking "Buy on eBay" redirects you to eBay to complete your purchase. We are not the seller of those items, do not handle payment for them, and are not responsible for the listing, shipping, returns, refunds, or condition of any item listed by an eBay seller. eBay's terms and policies govern that transaction.

3. Selling Photographs to Us

You may submit photographs through the Site for us to consider buying. The submission process works as follows:

1. You submit a description and photographs of the item(s) using our submission forms.
2. We review the submission and respond with an offer, a request for additional information, or a decision to decline. Our review typically completes within 24 to 48 hours but is not guaranteed within any specific timeframe.
3. If we make an offer, you may accept or decline it. Our offer is non-binding until we have received and inspected the physical photographs.
4. If you accept, you ship the photographs to us at the address we provide. You are responsible for shipping costs unless we agree otherwise in writing.
5. Upon receipt and inspection, we will pay the agreed amount within seven (7) business days. Payment method (check, PayPal, etc.) will be agreed at the time of acceptance.
6. If we receive items materially different from what was submitted (substantially different condition, items missing, items not as described), we may revise our offer or return the items at our discretion. If items are returned, you bear return shipping.

You warrant that you legally own and have the right to sell every item you submit, that nothing you submit is stolen, fraudulent, or otherwise encumbered, and that your description is accurate to the best of your knowledge.

4. License to Submitted Content

By submitting photographs (digital images), descriptions, and other materials to us, you grant AntiquePhotoStock a non-exclusive, worldwide, royalty-free license to use that content for the purposes of (a) evaluating and processing your submission and (b), if we accept and purchase the underlying physical item, displaying the digital images and descriptions in our catalog and marketing materials. You retain ownership of your content; this license terminates on request if we decline your submission.

5. Acceptable Use

You agree not to:

• Submit photographs you do not own or are not authorized to sell.
• Submit images depicting illegal content, child exploitation, or anything you would be unable to lawfully transfer.
• Misrepresent the condition, age, or provenance of items.
• Attempt to gain unauthorized access to the Site, its data, or other users' accounts.
• Scrape, mass-download, or republish the catalog without our written permission.
• Use the Site to transmit malware or spam.

6. Disclaimers

The Site is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure. Catalog data is sourced from third parties (including eBay) and may be incomplete or out of date.

7. Limitation of Liability

To the maximum extent permitted by law, AntiquePhotoStock and its owners, employees, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages. Our total cumulative liability for any claim related to the Site or to a transaction with us will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount we have paid you in the twelve (12) months preceding the claim. Some jurisdictions do not allow these limitations; in those jurisdictions our liability is limited to the smallest extent permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless AntiquePhotoStock and its owners, employees, and contractors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Site, (b) your violation of these Terms, or (c) your violation of any third-party right, including any claim that photographs you submitted infringed someone else's rights or were not yours to sell.

9. Termination

You may close your account at any time by contacting us. We may suspend or terminate your access if you violate these Terms or for any other reason at our discretion. Sections that by their nature should survive termination (including content licenses for items we have purchased, disclaimers, limitation of liability, indemnification, and governing law) will survive.

10. Governing Law & Disputes

These Terms are governed by the laws of the State of Kansas, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Sedgwick County, Kansas, and you consent to the personal jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects when changes were made. Material changes will be communicated via the Site or by email if we have one on file. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.

12. Contact

Questions about these Terms can be directed to:

Historical Photos LLC
simplelister.app@gmail.com

This document is a starting template. It is not a substitute for legal advice. Before relying on it for any business purpose, you should have an attorney licensed in your state review and adjust it for your specific operation.