VSCO HUB AGREEMENT
Effective as of April 15, 2024

This Agreement (this “Agreement”) applies to your (“you” or “your”) use of the VSCO Hub platform, including any services provided in connection with such platform (“VSCO Hub”). By using VSCO Hub, you agree that this Agreement will become a legally binding agreement between you and Visual Supply Company (“VSCO”). Any capitalized terms not defined have the meanings ascribed to them in the Terms of Use. You also agree that VSCO's Privacy Policy applies to your use of VSCO Hub.

Signing up with a business email address. If you sign up for VSCO Hub using an email address associated with your company or other organization (the “Entity”), you represent and warrant that (i) you have the authority to bind the Entity to this Agreement, and (ii) your use of VSCO Hub will bind the Entity to this Agreement. “You” or “your” in this Agreement means both you and the Entity. 

1. VSCO HUB

VSCO Hub Platform. VSCO Hub connects businesses, organizations, and other VSCO Hub users (collectively, “Users”) with users of VSCO’s mobile app and web platforms (“Creators”) looking for work, including by providing a messaging service for such Users and Creators. VSCO Hub is not a referral, matching or placement service, and does not provide or secure employment or guarantee engagements for any Creators.

Independent Transactions. VSCO provides a venue for Creators to be discovered, but is not involved in, and does not directly enter into contracts between you and Creators. VSCO does not have control over, supervise or provide any training, counseling or equipment to the Creators, and has no control over the quality, timing, legality, failure to provide, or any other aspect of services provided by Creators. Additionally, VSCO is not an employment service and does not serve as an employer of any Creator. You are solely responsible for your obligations, including payment obligations, to Creators.

Personal Information of Creators. In the course of using VSCO Hub, you may receive access to personal information of Creators ("Creator Personal Information"). You may only use Creator Personal Information for the purpose of entering into transactions with Creators for creative services, and for no other reason. You may not use Creator Personal Information for any other purpose, including (a) selling or trading Creator Personal Information, or (b) using any Creator Personal Information to send marketing or promotional messages to a Creator, unless such Creator has provided their prior consent in accordance with applicable law. You may not transfer Creator Personal Information outside your jurisdiction without our prior consent.

2. USE OF SERVICES

Registration and Account Information. When you sign up for VSCO Hub, you will be asked to create an account and provide us with certain information about yourself and your organization, which you agree will be used in accordance with VSCO's Privacy Policy. 

Access to VSCO Hub. Subject to your compliance with this Agreement, you are granted a non-exclusive, limited, non-transferable, revocable, license to access and to use VSCO Hub for your internal business purposes, and not for redistribution of any kind. We may condition your use of VSCO Hub on your passing a know-your-client process, business verification, or similar check. VSCO and our licensors retain all right, title, and interest in, and to VSCO Hub, including all intellectual property rights therein.

VSCO Hub Platform Data. The data generated from User interactions, including page views, clicks, searches and other platform activities (“Platform Data”) will remain VSCO’s sole and exclusive property. VSCO may aggregate and anonymize Platform Data for statistical analysis, research, and reporting purposes, provided that such aggregated data does not identify or reveal any individual User’s personal information. By using VSCO Hub, Users acknowledge and agree that VSCO has the right to collect, process, analyze, and use Platform Data and User Content (defined below) to improve VSCO’s functionality, performance, products and services. This provision will survive the termination or expiration of User’s subscription to VSCO Hub.

Your Interactions with Creators. You must not engage in any harmful, exploitative, or illegal conduct toward our Creators, and must comply at all times with our Community Guidelines in your interactions with Creators, through VSCO Hub, in person, or otherwise. We may suspend or revoke your access to VSCO Hub, without refund, if you violate our Community Guidelines. 

Restrictions. You may not, and may not allow anyone else to: (a) modify or create any derivative works of VSCO Hub, (b) reproduce VSCO Hub, (c) provide access to VSCO Hub to third parties, (d) use or exploit VSCO Hub for any commercial or competitive purpose (including decompiling or reverse engineering VSCO Hub, or framing or using similar techniques to include VSCO Hub in any other application or site), (e) use VSCO Hub other than as provided in this Agreement, (f) to transmit unsolicited emails or engage in spamming, (g) use any form of data mining, extraction, or scraping on VSCO Hub or the contents available therein for machine learning or other purposes, or (h) input any infringing, racist, hateful, sexist, pornographic, harassing, defamatory, libelous, or other similar inappropriate content into VSCO Hub.

Prohibited Content. You may not upload, post, transmit or otherwise make available in VSCO Hub: (a) any content or material that infringes upon a third-party right, including copyright, trademark, right of publicity, privacy, or any other intellectual property rights, (b) any software viruses, Trojan horses, worms, or any other malicious application or code, (c) any content or material which may constitute or encourage conduct that is a criminal offense or otherwise violates any applicable law, or (d) is meant to harass or stalk any creator, or contact any Creator after they have asked not to be contacted. Any content you make available in VSCO Hub must comply with our Community Guidelines.

Project Requests.  We may provide you the ability to create and post requests for specific types of creative needs (“Projects”). You must ensure that any Projects, including ones facilitated through VSCO Hub, in person or otherwise, comply with VSCO’s terms and conditions, including this Agreement and our Community Guidelines. You may not provide any personal information you receive about a Creator through VSCO Hub to any third parties, except for your service providers who need such information to perform their services. You may not copy or create derivative works of other Projects posted by other Users. Your Projects may not include any content described in the section “Prohibited Content” above. 

Recommender Systems. We use recommender systems to suggest creators and content to you. This Help Center Article (How VSCO's Search and Recommender Systems Work) contains more details about these recommender systems. 

3. INTELLECTUAL PROPERTY

Uploaded Content. You represent and warrant that any content you submit to VSCO Hub is your intellectual property, or that you have the required licenses or approvals to submit such content to VSCO Hub.

User Content. VSCO Hub may allow you and other Users to create, post, and share content, including Projects, messages, photos, links, and other materials (collectively, “User Content”). You may not create, post, or share any User Content that violates this Agreement, or for which you do not have the necessary rights to grant us the license described below. All User Content remains the property of the respective Users. You represent and warrant that your User Content, and our use of such content as described in this Agreement will not violate any rights of, or cause injury to any person or entity. You grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, perform, and display your User Content and any name, VSCO username, likeness, trademarks, design marks, slogans, and logos provided in connection with your User Content in all media formats and channels. When you post or share User Content on VSCO Hub, you understand that your User Content and associated information (such as your profile information, VSCO username, profile photo, etc.) may be visible to others on VSCO or VSCO Hub.

Feedback. We may use any feedback that you provide. VSCO exclusively owns all rights, including intellectual property rights, in any improvements based on the feedback. You assign all such rights to VSCO, allowing us to use, disclose, and legally exploit the feedback without any obligations to you.

VSCO Trademarks. VSCO names, logos, and all related product and service names, design marks, and slogans are the trademarks or registered trademarks of VSCO, and are registered in certain jurisdictions. Any use of such marks without the prior written consent of VSCO is strictly prohibited. Other company, product, and service names and logos used and displayed via VSCO Hub may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to VSCO. 

Third-Party Materials. We may use products, services and other materials made available by third parties (“Third Party Materials”) in connection with VSCO Hub. By using such functionality that incorporates Third Party Materials, you agree to comply with the applicable terms governing such Third Party Materials. We don’t control, endorse, and are not responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, or quality of the Third Party Materials, or any intellectual property rights therein.

4. SUBSCRIPTION AND PAYMENTS

Subscriptions and Renewals. VSCO Hub is available as a monthly or annual subscription (“Subscription”). Your Subscription will automatically renew on a monthly basis or annual basis, upon your election. All payments are non-cancellable and non-refundable.

Canceling Your Subscription. You can cancel your Subscription or prevent any auto-renewal of your Subscription by opting to do so in the VSCO Hub platform. Cancellation of your Subscription will be effective at the end of your then-current Subscription term, and your Subscription will not be renewed after your then-current Subscription term. You will not receive a refund for any prorated fees you paid for the then-current Subscription term.

Payment Service Provider. All financial transactions related to our services will be processed by our third-party payment service provider for online payments according to its terms and conditions. We aren’t responsible in any event for the actions or inactions of the third-party payment service provider, including system downtime or payment service outages, and any billing and fee disputes may require resolution between you and third-party directly. 

5. CONFIDENTIALITY

Confidential Information.  You and VSCO agree that all code, inventions, know-how, or business, technical, and financial information disclosed to one of us (the “Receiving Party”) by the other (the “Disclosing Party”), constitute the confidential information of the Disclosing Party (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure, or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Confidential Information will not, however, include any information that the Receiving Party can demonstrate: (a) was publicly known or made generally available through no action or inaction of the Receiving Party, (b) is already in the possession of the Receiving Party, or is obtained by the Receiving Party from a third party without an associated confidentiality obligation, or a known breach of the third party’s obligations of confidentiality, or (c) is independently developed by the Receiving Party without use of or reference to the Confidential Information, as demonstrated by the Receiving Party’s contemporaneous written records. The Receiving Party may disclose the Disclosing Party’s Confidential Information if required by law provided that the Receiving Party will use reasonable efforts to seek confidential treatment for such Confidential Information, and, if and as permitted by law, will provide prior notice to the Disclosing Party to allow the Disclosing Party to seek protective or other court orders.

Non-Disclosure Obligations.  Except as expressly authorized here or as necessary to perform its obligations under this Agreement, the Receiving Party agrees: (a) not to disclose any Confidential Information to third parties, and (b) not to use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations under this Agreement. These confidentiality obligations will remain in effect for a period of five (5) years from the date of disclosure, except with respect to trade secret information, for which the obligation shall survive until the information becomes publicly known or made generally available through no action or inaction of the Receiving Party. 

6. TERM AND TERMINATION

Term. This Agreement applies beginning on the date you first used our services or the date you accepted these terms, whichever came first, and will continue to apply until terminated. The term of this Agreement will continue until the end of your Subscription for VSCO Hub or termination by VSCO, as applicable. 

Termination for Cause. We may terminate this Agreement if we determine that you have materially breached this Agreement, which includes, but is not limited to:  violating our Community Guidelines, failing to fulfill your obligations to a Creator, including payment obligations, engaging in any harmful or abusive conduct toward a Creator, or violating any applicable laws.

Effects of Termination.  Upon termination of this Agreement, you will lose access to VSCO Hub. Any provisions of this Agreement that are intended to survive termination will remain in effect. 

7. DISCLAIMER, RESPONSIBILITY, AND LIMITATION OF LIABILITY

Warranty Disclaimer.  VSCO Hub is provided to you on an “as is” and “as available” basis without warranty of any kind.  To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, express, implied, or otherwise, including any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. VSCO is not responsible for, and provides no warranty relating to the conduct or any services provided by Creators.

Tax Disclaimer. You are solely responsible for paying any direct or indirect taxes that may apply to you, depending on your residency or location. You agree to comply with your obligations under applicable tax laws and regulations in your jurisdiction.

Responsibility for Use.  You will be solely responsible for your use of VSCO Hub, and hereby indemnify us for any claims arising out of or relating to your use of VSCO Hub in violation of this Agreement or our Community Guidelines, or your interactions with Creators.  If you post, share or distribute any content (including User Content) to VSCO Hub, you will ensure you have all necessary rights and permissions, including any necessary intellectual property rights or licenses to such content, for it to be used in accordance with this Agreement without violating the rights of others or any governing terms of third-party websites.

Responsibility for Your Interactions with Creators. VSCO Hub may help connect you with Creators that are available or open to work to provide you services. However, VSCO does not perform, nor employ individuals to perform these services. You acknowledge that (a) VSCO is not responsible or liable for the offering, performance, or procurement of these services or the conduct of any Creators or any deliverables provided by Creators, (b) VSCO does not endorse any particular Creator or their offered services, and (c) nothing shall create an employment, consultancy, agency or joint venture relationship between you and VSCO, or between VSCO and any Creator offering services on VSCO Hub. You are solely responsible for your interactions with Creators, and they are solely responsible for their interactions with you, including the negotiation, execution, and performance of any contracts between you and Creators.

Limitation of Liability. VSCO will not be liable for (a) any indirect, punitive, incidental, special, consequential, or exemplary damages you might experience from VSCO Hub (including in-person interactions resulting from connections made through VSCO Hub); or (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding USD $100.00. The limitations of damages set forth above in this section are fundamental elements of this Agreement between you and VSCO.  This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.  The foregoing limitation of liability will apply to the fullest extent permitted by law in accordance with the terms of this Agreement.

8. INFORMAL CLAIM RESOLUTION

Informal Claim Resolution First. VSCO is committed to creating a collaborative experience. We want to work with you to resolve any disputes relating to this Agreement or VSCO Hub informally. Before pursuing formal resolution of any dispute, you agree to give us an opportunity to resolve any disputes by contacting “VSCO Legal Department: Claims Resolution,” by mail to 548 Market Street, Suite 92958, San Francisco, California 94104-5401. You must include information about the nature of your claim, the amount involved, if any, and the remedies you are seeking.  We both agree to use good faith and reasonable commercial efforts to resolve any such claims. If the dispute is not resolved within 60 days from the date we receive your notice, you may seek relief through binding arbitration.

9. ARBITRATION AGREEMENT

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. This section provides that you and VSCO agree to resolve all disputes between us through binding arbitration and includes a class action and jury waiver. This agreement supersedes all prior versions.

Arbitration Notice and Agreement.  This Arbitration Agreement requires you to arbitrate disputes between you and VSCO, which means you will only be able to pursue claims and seek relief against us on an individual basis through arbitration. You are also waiving your right to seek relief in a court of law and to have a jury trial. This Arbitration Agreement will continue to apply even if you delete, or we suspend or terminate, your access to VSCO Hub. 

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of VSCO Hub, to any products sold or distributed through VSCO Hub, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that you and VSCO can seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade secrets, copyrights, and patents), any illegal or intentional act affecting the accessibility, functionality, or the security of VSCO Hub, and/or any illegal or intentional act against your interests or VSCO’s general business interests. This Arbitration Agreement applies, without limitation, to all disputes or claims and requests for relief that originated before the effective date of this Agreement or any prior version of this Agreement. You agree to this Arbitration Agreement as a condition of your use (or continued use) of VSCO Hub every time it is changed or updated. 

Arbitration Rules and Forum. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects, applies to the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after complying with the informal dispute resolutions provided above, you must send a Demand for Arbitration, including a copy of this Agreement and a description of your dispute to New Era ADR at app.neweraadr.com, with copies to (1) VSCO at disputes@vsco.co, and (2) our registered agent at CT Corp, 1209 Orange Street, Wilmington, Delaware, 19801. 

The following rules and procedures shall apply to any arbitration proceeding brought under this Agreement:

  • Arbitrations will be administrated by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures as well as any applicable General Rules and Procedures, except as modified by this Agreement. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures.
  • The arbitration will be conducted by a professional arbitrator(s) with substantial experience in resolving commercial disputes. The arbitrator will be selected pursuant to New Era ADR’s standard rank and strike process as described in New Era ADR’s General Rules and Procedures.
  • If a claim seeks equitable relief (including injunctive relief), the arbitrator will bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
  • Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including but not limited to any documents prepared or produced in connection with the arbitration proceeding, the hearing, and/or the arbitration award, will be confidential and will not be disclosed to any third party, except to obtain court confirmation of any arbitration award as needed. 

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Arbitration Fees. If VSCO is initiating an arbitration against you, VSCO will pay all costs associated with the arbitration, including the entire filing fee. If you are initiating an arbitration against VSCO, you will be responsible for the nonrefundable initial filing fee. If, however, the amount of the initial filing fee is more than you would have to pay to file a complaint in the United States District Court for the Northern District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of San Francisco), VSCO will pay the difference between the initial filing fee and the amount you would have to pay to file a complaint in Court. VSCO will pay both parties’ administrative fee. Otherwise, New Era ADR sets forth fees for its services, which are available at https://www.neweraadr.com/rules-and-procedures/. 

Authority of Arbitrator. The New Era ADR arbitrator(s) assigned to or chosen for your dispute will have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement; and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitration proceeding will decide each of your and VSCO’s rights and liabilities, if any. The arbitration proceeding will not be consolidated or joined with any other matters or parties. The arbitrator will have the authority to grant motions resolving any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and this Agreement, including injunctive relief. The arbitrator will issue a written award and decision describing the essential findings and conclusions underlying any award, including the calculation of any damages. The award of the arbitrator is final and binding upon both you and VSCO.

Waiver of Jury Trial. You and VSCO both waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury, with the exceptions stated in this Arbitration Agreement. If for any reason a dispute proceeds in court rather than in arbitration, you and VSCO each waive any right to a jury trial. An arbitrator can award the same damages and relief as a court and must follow our Arbitration Agreement as a court would. 

Waiver of Class or Other Non-Individualized Relief. All disputes, claims, and requests for relief within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available. Claims of more than one User cannot be arbitrated or consolidated with those of another User. If the arbitrator issues a decision that enforcement of these provisions is not applicable to a specific dispute, claim or request for relief, then only those specific issues will be removed and brought into the state or federal courts of the State of California.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to opt-out@vsco.co, within 30 days after you create your Account or continue using your Account after receiving notice of this Arbitration Agreement. Maintaining your Account requires you to read and accept this Agreement and this Arbitration Agreement. Your notice must include your name and address, your VSCO username (if any), the email address used to set up your Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other agreements that you currently have with us, including the rest of this Agreement, or may enter in the future with us.

10. ACKNOWLEDGEMENT OF IMAGE RECOGNITION TECHNOLOGY

As a part of VSCO Hub, we may incorporate a general image recognition technology that compares images that Users upload to our platform to a pre-set, pre-curated set of images to suggest tags and an image quality score. This technology does not include, generate, or otherwise process biometric identifiers or biometric information. 

11. PUBLICITY

We may feature Users, including your corporate name and logo to identify you as a VSCO Hub User, for marketing and promotional purposes, including on VSCO’s website and social media channels. You can opt out of this provision by making a clearly written request to be removed to legal@vsco.co. 

12. GENERAL

This section provides important legal information that you should review, including your agreement to receive electronic communications from us.

Assignment. You may not transfer or assign this Agreement, including any rights or licenses granted to you by this Agreement. We may assign or transfer this Agreement without restriction. 

Changes to the Agreement. This Agreement is subject to change at any time. If we make material changes to this Agreement, we will provide a new copy of the updated terms on VSCO Hub. Any changes will be effective immediately for new Creators and effective for continuing Creators upon the earliest of: (a) thirty (30) days after posting notice of such changes on VSCO Hub; (b) thirty (30) days after dispatch of an email notice or notice delivered through an in-app modal of such changes to you; or (c) your consent to the updated terms, if applicable. 

Your continued use of VSCO Hub indicates your acceptance of any changes. If you do not agree to any changes after receiving a notice, don’t continue using VSCO Hub, or close your Account. Please regularly check this page to view the then-current terms.

Electronic Communications. By using VSCO Hub, you agree to receive communications from us or our affiliated companies, including via electronic means. Texts, calls or other messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. You consent to receive communications from VSCO in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications, such as messages delivered through in-app modals that VSCO provides to you electronically satisfy any legal requirement that we are communicating to you in writing. The foregoing does not affect your statutory rights. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the Unsubscribe options in the promotional email.

Limitation Period. You and VSCO both agree that any cause of action arising out of or related to this Agreement, VSCO Hub or the content must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Law and Venue. This Agreement and any related action will be governed and interpreted by and under the laws of the State of California, consistent with the FAA, other than conflict of laws principles. To the extent you and VSCO are permitted to initiate litigation in a court, you and VSCO both agree that all claims and disputes between you and VSCO will be litigated exclusively in the state or federal courts located in San Francisco County, California.

Notice. If we require that you provide an email address, you must provide us with your most current email address. If the last email address you provided to us is invalid or doesn’t deliver our notices, our notice is effective upon dispatch. You can give us notice at the following address:  548 Market Street, Suite 92958, San Francisco, California 94104-5401, Attn: Legal. Notice is effective upon our receipt of delivery by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Copyright. VSCO has adopted and implemented the VSCO Copyright Policy in accordance with the Digital Millennium Copyright Act. If you believe in good faith that materials available on VSCO Hub infringe your copyright, please notify us via this form. 

International Customers. VSCO Hub is controlled and operated from the United States (U.S.) and isare directed to individuals, companies, and other entities in the U.S., unless we otherwise specify. We make no guarantees that VSCO Hub is appropriate or available for use in other locations. Those who use VSCO Hub from other locations do so voluntarily and are responsible for compliance with all applicable U.S. and local laws and regulations. Don’t use VSCO Hub if you are located or reside in a country or territory subject to an embargo by the U.S. government (including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk Regions) (“Embargoed Countries”) or that has been designated by the U.S. government as a “terrorist supporting” region, or are an individual or entity designated as a blocked or prohibited party by the U.S. government, including (a) designation on the Specially Designated National and Blocked Persons (“SDN”) List, (b) Foreign Sanctions Evaders List by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”), (c) the Entity List, (d) Denied Persons List, or (e) Unverified List by the Bureau of Industry and Security of the U.S. Commerce Department (“BIS”) (collectively, “Prohibited Party Lists”). 

Export Control. VSCO Hub is subject to U.S. export control and trade sanctions laws and regulations, which you must comply with. Don’t use, export, import, or transfer VSCO Hub (including any technology), except as authorized or approved by U.S. law and any other applicable laws. In particular, VSCO Hub may not be exported or re-exported: (a) to any Embargoed Countries; or (b) to any individual or entity on any Prohibited Party Lists. By using VSCO Hub, you represent and warrant that you are not located in an Embargoed Country and you are not on any Prohibited Party Lists. 

Entire Agreement; Severability. This Agreement and our VSCO Terms of Use, together with any amendments and any additional agreements you may enter into with us in connection with VSCO Hub, serve as the entire agreement between you and VSCO relating to VSCO Hub. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining valid provisions will be in full force and effect. 

No Waiver. No waiver of any term of this Agreement or failure to assert a right or provision will constitute a future or ongoing waiver of such term (or any other term) or such right or provision. 

Digital Services Act Representative. Pursuant to Article 13 of the European Union's Digital Services's Act, VSCO has appointed EDSR as its legal representative. You can contact EDSR regarding matters pertaining to the DSA: