Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Spicyshow ("we," "us," or "our"). By creating an account, accessing, or using the Spicyshow platform at spicyshow.com (the "Service"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you may not use the Service. We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years of age to create an account and use the Service as a photographer ("Account Holder"). Gallery Visitors (clients viewing galleries shared by Account Holders) must be at least 16 years of age. By using the Service, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must provide accurate and complete information when creating your account and keep it up to date.
• You must notify us immediately at support@spicyshow.com if you suspect unauthorized access to your account.
• You may not share, sell, or transfer your account to another person without our prior written consent.

4. Description of the Service

Spicyshow is a software-as-a-service (SaaS) platform that enables photographers and videographers to upload, organize, brand, and deliver photo and video galleries to their clients. The Service includes gallery hosting, client viewing portals, downloads, slideshows, blogs, branding tools, and analytics.

Platform, Not Publisher: Spicyshow is a platform that hosts and transmits user-generated content at the direction of its users. We do not exercise editorial control over the content uploaded by Account Holders. We are not the publisher or author of any user-generated content.

5. Content Ownership and License

A. Your Content

You retain all ownership rights, including copyright, in the content you upload to the Service ("Your Content"). Spicyshow does not claim any ownership rights over Your Content.

B. License Grant to Spicyshow

By uploading Your Content to the Service, you grant Spicyshow a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, transmit, and distribute Your Content solely for the purpose of operating, maintaining, and providing the Service as directed by you. This license includes generating thumbnails, previews, and optimized versions for display. This license terminates when you delete Your Content or your account, subject to our data retention obligations.

We will not sublicense Your Content to third parties for advertising or marketing purposes without your explicit written consent.

C. Representations and Warranties Regarding Content

By uploading content, you represent and warrant that:

• You are the copyright owner or have obtained all necessary rights, licenses, consents, and permissions to upload and share the content through the Service.
• You have obtained all necessary model releases, property releases, and consents from any individuals depicted in your content, to the extent required by applicable law.
• Your content does not infringe upon, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or any other rights.
• Your content does not violate any applicable law, regulation, or these Terms.

D. Spicyshow's Role as Processor

With respect to Your Content and the personal data of your clients (Gallery Visitors), you act as the data controller and Spicyshow acts as a data processor. We process your clients' data solely on your behalf and at your direction for the purpose of providing the Service. You are responsible for ensuring you have a lawful basis for sharing your clients' data with us.

6. Prohibited Content and Conduct

You may not use the Service to upload, store, transmit, or share content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Contains child sexual abuse material (CSAM) in any form. We report all such content to the National Center for Missing and Exploited Children (NCMEC) and law enforcement.
• Contains nonconsensual intimate imagery (NCII), including AI-generated deepfakes, of any person.
• Infringes upon the copyright, trademark, or other intellectual property rights of any third party.
• Contains malware, viruses, or other harmful code.
• Violates any applicable law or regulation.

You may not:

• Use the Service for any commercial purpose other than its intended use (photography/videography gallery delivery).
• Attempt to gain unauthorized access to the Service, other accounts, or related systems.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Use automated means (bots, scrapers) to access the Service without our prior written consent.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts that engage in prohibited conduct, with or without notice.

7. Copyright Infringement (DMCA Policy)

A. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512), we will terminate the accounts of users who are repeat copyright infringers. We reasonably implement this policy and accommodate standard technical measures used to identify and protect copyrighted works.

B. Filing a DMCA Takedown Notice

If you believe that content hosted on the Service infringes your copyright, you may submit a written notification to our designated DMCA agent containing the following information (all six elements are required by 17 U.S.C. Section 512(c)(3)):

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, and information reasonably sufficient to locate the material on the Service (e.g., the gallery URL).
4. Your contact information: name, address, telephone number, and email address.
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

C. DMCA Designated Agent

D. Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to our DMCA Agent containing: (1) your physical or electronic signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification; (4) your name, address, telephone number, and a statement consenting to jurisdiction of the federal district court for your address (or, if outside the US, any judicial district in which Spicyshow may be found) and that you will accept service of process from the complainant.

Upon receipt of a valid counter-notification, we will forward it to the original complainant and restore the removed content within 10 to 14 business days, unless we receive notice that the complainant has filed a court action to restrain the allegedly infringing activity.

8. Nonconsensual Intimate Imagery (TAKE IT DOWN Act)

In compliance with the TAKE IT DOWN Act, if you are a depicted individual (or the parent/guardian of a depicted minor) and believe that nonconsensual intimate imagery of you has been uploaded to the Service, you may request its removal by contacting us at safety@spicyshow.com.

Upon receiving a valid removal request, we will remove the identified content within 48 hours and make reasonable efforts to identify and remove identical copies. This applies to both real and AI-generated (deepfake) intimate imagery.

9. Subscriptions, Billing, and Auto-Renewal

A. Plans and Pricing

Spicyshow offers the following subscription plans:

• Essentials (Free): 5 GB storage, 5 galleries, core features.
• Signature ($12/month): 50 GB storage, unlimited galleries, video hosting, slideshows, blog, branding.
• Prestige ($29/month): 500 GB storage, unlimited galleries, custom domain, advanced analytics, watermarking, priority support.

B. Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period (monthly) at the then-current price unless you cancel before the renewal date. By subscribing, you authorize us to charge your payment method on a recurring basis.

C. Cancellation

You may cancel your subscription at any time through your account billing page at spicyshow.com/billing or by contacting us at support@spicyshow.com. Cancellation is effective at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for. No pro-rated refunds are issued for partial billing periods except where required by applicable law.

D. Price Changes

We may change subscription prices with at least 30 days' advance notice sent to the email address associated with your account. If you do not agree with a price change, you may cancel your subscription before the new price takes effect. If you are a New York resident, you may cancel within 14 days of a price increase and receive a pro-rated refund for the remainder of your billing period.

E. Free Trial

If we offer a free trial, the specific terms will be presented at the time of the offer. If a free trial converts to a paid subscription, you will be notified at least 3 days before the first charge. You may cancel before the trial ends to avoid being charged.

F. Payment Processing

All payments are processed by Stripe, Inc. We do not store your full credit card number, expiration date, or CVV on our servers. By providing your payment information, you authorize Stripe to charge your payment method in accordance with these Terms. For details on how Stripe handles your data, see Stripe's Privacy Policy.

10. Storage and Upload Limits

• Each plan includes a storage allocation as described in Section 9(A). Usage beyond your plan's storage limit will be rejected.
• Video uploads (MP4, MOV, WebM) require a Signature or Prestige plan.
• Individual video file size is limited to 500 MB (Signature) or 2 GB (Prestige).
• We reserve the right to impose additional reasonable limits on upload frequency, file size, or total storage to maintain service quality.

11. Service Availability

The Service is provided "as is" and "as available." We do not guarantee that the Service will be uninterrupted, error-free, or available at all times. We may perform scheduled maintenance that temporarily affects availability. We will make reasonable efforts to provide advance notice of planned downtime.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. If we discontinue the Service entirely, we will provide at least 60 days' notice and an opportunity for you to export your content.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT UPLOADED BY USERS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT UPLOADED BY USERS OF THE SERVICE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPICYSHOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

The above limitations do not apply to liability arising from: (a) our gross negligence or willful misconduct; (b) fraud; (c) death or personal injury caused by our negligence; or (d) any liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Spicyshow and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your Content, including any claims of copyright infringement, trademark infringement, right of publicity violations, defamation, or invasion of privacy.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of any third party's rights.
• Any claim by a third party related to content you uploaded (including claims by individuals depicted in your photos or videos).

Our Indemnification: We will indemnify, defend, and hold you harmless from claims that the Service itself (excluding Your Content) infringes a third party's intellectual property rights, provided you promptly notify us, give us reasonable control of the defense, and cooperate with us.

15. Termination

A. Termination by You

You may delete your account at any time through your account settings at spicyshow.com/settings. Upon deletion, we will cancel any active subscription and begin the data deletion process described in our Privacy Policy.

B. Termination by Spicyshow

We may suspend or terminate your account and access to the Service:

• For cause: If you breach these Terms and fail to cure the breach within 30 days of notice (for curable breaches).
• Immediately, without notice: For uploading illegal content (including CSAM or NCII), repeat copyright infringement, fraud, non-payment after 30 days past due, or conduct that threatens the security or integrity of the Service.
• For convenience: With 60 days' written notice. If we terminate for convenience, we will provide a pro-rated refund for any prepaid unused subscription period.

C. Effect of Termination

Upon termination, your right to access the Service ceases immediately (or at the end of a notice period, as applicable). We will retain your data for 30 days to allow recovery, after which it will be permanently deleted in accordance with our Privacy Policy. Billing records are retained for 7 years per tax requirements. The following provisions survive termination: Sections 5 (Content Ownership), 6 (Prohibited Content), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution).

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. This choice of law does not limit any consumer protection rights that may be available to you under the mandatory laws of your state or country of residence.

17. Dispute Resolution

Informal Resolution: Before filing any formal proceeding, you agree to first contact us at support@spicyshow.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration: If the dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in the State of Delaware or, at your election, your county of residence. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: To the maximum extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

Exceptions: Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18. Communications and Email

By creating an account, you consent to receive transactional emails from us related to your account and the Service (e.g., account confirmation, password resets, subscription receipts, security alerts). These transactional emails are not marketing communications and cannot be opted out of while you maintain an account.

We may also send you marketing communications about new features, promotions, or related services. You may opt out of marketing emails at any time by clicking the "unsubscribe" link in any marketing email or by contacting us. We will honor opt-out requests within 10 business days in accordance with the CAN-SPAM Act.

All commercial email communications from Spicyshow will include our valid physical postal address and a clear opt-out mechanism as required by the CAN-SPAM Act.

19. Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, acts of war or terrorism, epidemics, government actions, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any plan-specific terms presented at checkout, constitute the entire agreement between you and Spicyshow regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.

21. Contact Information

For questions about these Terms, contact us: