Terms and Conditions

Last Updated: February 2025

Welcome to MOBSEAR Gallery! These Terms & Conditions govern your use of our platform, including all content, services, and features available at www.mobseargallery.com. By accessing, browsing, or using our website, you acknowledge that you have read, understood, and agreed to abide by these terms. Please read these terms carefully before using our platform. If you do not agree with any part of these terms, kindly refrain from using our services.

1. Acceptance of Terms

By accessing, browsing, or using MOBSEAR Gallery, you acknowledge and agree to be legally bound by these Terms & Conditions, along with our Privacy Policy, Copyright Policy, DMCA Policy, and License Agreements. These terms constitute a legally binding agreement between you (the user) and MOBSEAR Gallery (the platform, website, and its operators). If you do not agree to any provision of these terms, you must immediately discontinue your use of our services.

We reserve the right to modify, update, or change any part of these Terms & Conditions at our sole discretion at any time. Any such modifications will be effective immediately upon posting on our website. It is your duty to review & check periodically these terms for the latest update or any modifications. Your continued use of MOBSEAR Gallery after any modifications to these terms constitutes your acceptance of the revised terms. If you do not accept the updated terms, you must stop using our services immediately.

Additionally, we reserve the right to restrict or terminate access to any user found in violation of these terms, engaging in unlawful activities, or abusing the platform in any manner. Any failure by MOBSEAR Gallery to enforce any provision of these terms shall not constitute a waiver of our rights.

These terms represent the entire agreement between you and MOBSEAR Gallery regarding your use of our services, superseding any prior agreements or communications, whether written or oral. If any provision of these terms is deemed unenforceable or invalid by a court of law, the remaining provisions shall remain in full force and effect. By proceeding with MOBSEAR Gallery, you confirm that you have read, understood, and accepted these Terms & Conditions in their entirety.

2. User Eligibility & Account Registration

To access certain features of MOBSEAR Gallery, including downloading premium content, uploading creative works, or interacting with the community, you may be required to register for an account. By creating an account, you confirm and warrant that:

1. You are at least 13 years old or over and you have obtained express parental or legal guardian consent to use our services if you are under 18.
2. You will provide accurate, complete, and up-to-date information during the registration process. Providing inaccurate or misleading information may result in suspension of the account or termination.
3. You will maintain the security of your account credentials, including your username and password, and will not share your login details with any third party.
4. You are solely responsible for all activities conducted under your account, including but not limited to any content uploads, purchases, downloads, or interactions on the platform.
5. You agree to notify us immediately at [email protected] if you suspect any unauthorized access, account breach, or suspicious activity.

Failure to adhere to these conditions may lead to temporary suspension, permanent termination, or legal action depending on the severity of the violation. We reserve the right to reject, suspend, or terminate accounts that we deem to be fraudulent, impersonating others, violating intellectual property rights, or engaging in abusive or illegal activities.

Additionally, MOBSEAR Gallery retains the right to limit access to certain services or features based on the type of account, user behavior, or subscription tier. Some premium features may require additional verification or payment before granting access. By registering an account on MOBSEAR Gallery, you confirm that you understand, accept, and agree to comply with these eligibility and registration requirements.

User Eligibility:

MOBSEAR Gallery is available to individuals who are at least 13 years old or over & the minimum age required by your jurisdiction. But you need to confirm that, you have obtained express parental or legal guardian consent to use our services if you are under 18. By using our platform, you affirm that you meet these age requirements and have the legal capacity to enter into this agreement.

User Conduct:

You are solely responsible for your actions and content shared on MOBSEAR Gallery. You agree not to upload, post, or transmit any content that is unlawful, defamatory, abusive, offensive, or violates any third-party rights. Harassment, spamming, or any other disruptive behaviour is strictly prohibited.

3. License & Permitted Use of Content

MOBSEAR Gallery provides stock images, vectors, graphics, photography, art & illustrations, reels, and video clips under various licensing options, including Free, Pro Standard, and Pro Extended Licenses.

For full details, refer to our License Page.

4. Copyright & Intellectual Property Rights

MOBSEAR Gallery respects intellectual property rights, and users are required to do the same. You retain ownership of your content, but by posting it on our platform, you grant MOBSEAR Gallery a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content to operate and promote the website. You are not permitted to use, modify, or distribute content belonging to other users without their explicit consent.

All content on MOBSEAR Gallery is either owned by us, contributed by our creators, or licensed from third-party providers. The copyright of all submitted and uploaded content remains with the original creator. Unauthorized use of any content without a valid license or attribution (where required) is strictly prohibited.

If you believe your copyrighted work has been used without permission, please follow the procedures outlined in our Copyright Policy Page.

Website Content:

While we strive to provide accurate and reliable information on our platform, we do not guarantee the completeness, accuracy, or timeliness of the content. The content provided on MOBSEAR Gallery is for general informational purposes and does not constitute professional advice. We are not liable for any actions taken based on the information found on our website.

Website Modifications:

We reserve the right to modify or discontinue MOBSEAR Gallery, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modifications, suspension, or termination of the website.

Account Security:

You are responsible for maintaining the confidentiality of your account login details and all activities under your account. If you suspect unauthorized access to your account, you must notify us immediately.

Third-Party Links:

MOBSEAR Gallery may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these external sites. While MOBSEAR Gallery takes security seriously, it is not responsible for cyberattacks, data breaches, malware, or damages caused by third-party actions. Use third-party links at maintain your own risk.

DMCA Compliance & Copyright Infringements

We comply with the Digital Millennium Copyright Act (DMCA) and will take appropriate action against copyright violations. If you believe your copyrighted work has been used unlawfully, you can file a DMCA Takedown Request. Details on how to file a complaint can be found in our DMCA Policy section.

5. User-Generated Content & Submissions

MOBSEAR Gallery allows users to submit or upload content, including but not limited to stock images, vectors, graphics, photography, illustrations, video clips, and other creative works. By submitting content, you acknowledge and agree that you hold the necessary rights and licenses to distribute the content and that your submission does not infringe upon any third-party intellectual property rights, trademarks, or copyrights.

By submitting content to MOBSEAR Gallery, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to display, distribute, modify, reproduce, promote, and use your content on our platform. This license allows us to showcase your work to users, promote our services, and feature user-generated content in marketing materials. However, you retain full ownership of your original work, and this agreement does not transfer copyright ownership to MOBSEAR Gallery.

We do not claim responsibility for user-submitted content, nor do we actively monitor all uploads. However, we reserve the right to review, remove, or disable access to any content that violates our policies, including content that is unlawful, infringing, defamatory, obscene, or otherwise inappropriate. Users are encouraged to report violations, and we will take appropriate action in response to reported content.

Additionally, by submitting content, you acknowledge that your uploaded work may be accessible to other users under the selected license terms (Free, Pro Standard, or Pro Extended). You are solely responsible for ensuring that your submissions comply with all applicable laws, and you agree not to hold MOBSEAR Gallery liable for any legal disputes, claims, or damages resulting from the distribution or misuse of your submitted content.

If you believe your copyrighted content has been used without permission, please refer to our ‘DMCA Policy’ for the procedures to request removal.

6. Prohibited Activities

To maintain a secure, ethical, and professional environment, users must adhere to the following prohibited activities while using MOBSEAR Gallery. Violation of these policies may result in content removal, account suspension, or permanent bans at our sole discretion.

Unlawful, Fraudulent, or Deceptive Activities

Users must not engage in any activity that violates applicable laws or promotes fraudulent practices. This includes, but is not limited to, identity theft, copyright infringement, misrepresentation of content ownership, phishing, or fraudulent financial transactions.

Uploading, Distributing, or Selling Unauthorized Content

Users may not upload, sell, or distribute any content that they do not own or do not have proper licensing rights for. Unauthorized use of copyrighted materials is strictly prohibited. Additionally, users cannot claim ownership of MOBSEAR Gallery’s licensed content.

Spamming, Hacking, or Disrupting Services

Users must not engage in activities that disrupt or interfere with the functionality of MOBSEAR Gallery. This includes, but is not limited to, hacking, injecting malicious software, spamming users with promotional content, attempting to overload the system (DDoS attacks), or exploiting vulnerabilities in the platform.

Harmful, Defamatory, or Offensive Content

Users must not upload or share content that contains:

• Hate speech, discrimination, or violent content
• Defamatory, obscene, or explicit material
• Misinformation, deceptive advertising, or misleading content

MOBSEAR Gallery reserves the right to permanently ban any user who engages in illegal or harmful activities and to report serious offenses to law enforcement authorities. By using MOBSEAR Gallery, you acknowledge that violating these terms may result in legal action, termination of services, and financial liability for any damages caused.

7. Payment, Refund & Cancellation Policy

At MOBSEAR Gallery, we strive to offer high-quality digital content through our Free, Pro Standard, and Pro Extended License options. To ensure a smooth and transparent transaction process, we have outlined our payment, refund, and cancellation policies below.

Payments:

All payments for premium content, including stock images, vectors, graphics, photography, illustrations, reels, and video clips, must be made through our secure payment gateway. We accept major credit cards, debit cards, and other authorized payment methods. By purchasing any content, you confirm that you are the authorized cardholder or have obtained the necessary permissions to make the transaction. Once payment is successfully processed, you will receive an email confirmation with your purchase details and access to the content.

Refund Policy:

Due to the digital nature of our content, all sales are final, and we do not offer refunds or exchanges once a file has been downloaded. We encourage users to review content descriptions and licensing details carefully before making a purchase. Refunds will only be considered under exceptional circumstances, such as:

• The purchased file is corrupt or damaged, making it unusable.
• A duplicate transaction was made due to a system error.
• The purchased file is not delivered due to technical issues on our end.

If you believe you qualify for a refund under the above conditions, you must contact at [email protected] within 7 days of purchase. Refunds are issued at our discretion and may take up to 10 business days to process.

Cancellation Policy:

Users who subscribe to any recurring membership or premium service may cancel their subscription at any time. However, past payments are non-refundable, and cancellation will only prevent future billing cycles. If you cancel your membership, you will still have access to premium content until the end of the current billing period, after which your access will be revoked.

For any payment disputes or inquiries, please reach out to our customer support team.

8. Limitation of Liability

ALTHOUGH MOBSEAR Gallery STRIVES TO ENSURE TRANSPARENCY AND HIGH-QUALITY SERVICES, WE DO NOT GUARANTEE THAT OUR SERVICES WILL ALWAYS BE PERFECT, ERROR-FREE, OR UNINTERRUPTED.

WE SHALL NOT BE LIABLE FOR:

• Any direct, indirect, accidental, special, significant, or exemplary damages.
• Decreased profitability, income, revenue, data, or commercial prospects.
• Any legal disputes or damages resulting from the misuse of our services.

At MOBSEAR Gallery, we are committed to providing a high-quality, reliable platform for users to access and share stock images, vectors, graphics, photography, illustrations, reels, and video clips. However, while we strive to maintain the best possible service, we cannot guarantee a completely error-free experience. Therefore, we provide our services “as is” and “as available,” without any express or implied warranties.

No Liability for User Actions & Content Misuse

Users are solely responsible for how they use the licensed content obtained from MOBSEAR Gallery. We do not assume liability for:

• Any financial, legal, or reputational damages resulting from improper use of our content.
• Any copyright infringement claims due to the user’s failure to comply with licensing terms.
• Any losses, claims, or disputes arising from third-party misuse of MOBSEAR Gallery content.

Also, MOBSEAR Gallery, its affiliates, and partners shall not be liable to you or any other person or entity for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of the website or any content shared on it.

No Liability for Errors & Service Disruptions

Although we take all necessary measures to ensure our platform operates smoothly, MOBSEAR Gallery does not warrant that our services will always be uninterrupted, secure, or free from errors, bugs, or technical failures. Any downtime, server issues, software glitches, or unforeseen system errors that result in temporary unavailability or loss of access to purchased content shall not make MOBSEAR Gallery liable for damages or compensation.

Exclusion of Indirect & Consequential Damages

To the fullest extent permitted by law, MOBSEAR Gallery shall not be liable for any general, punitive, special, indirect, consequential, or incidental damages. This refers to, but is not determined to:

• Loss of revenue, profits, or business opportunities arising from the use of our platform.
• Legal disputes or financial claims resulting from user misuse of licensed content.
• Infringement claims against users who fail to properly attribute or use content within licensing limitations.

User Responsibility & Risk Acknowledgment

By using our platform, you acknowledge that you are responsible for understanding and complying with our Terms & Conditions. You also agree that MOBSEAR Gallery is not liable for any third-party claims, data loss, or system failures caused by factors beyond our control.

If you experience technical issues or require assistance, please contact our support team at [email protected]. However, under no circumstances shall MOBSEAR Gallery be held liable for any damages exceeding the amount paid for the licensed content in question.

This Limitation of Liability is a fundamental part of our Terms & Conditions and is necessary to maintain fairness and legal compliance within our platform. By continuing to use MOBSEAR Gallery, you accept these terms.

9. Indemnification

By using MOBSEAR Gallery, you agree to fully indemnify, defend, and hold harmless MOBSEAR Gallery, its owners, affiliates, employees, directors, officers, partners, licensors, and service providers from and against any and all claims, damages, liabilities, losses, costs, legal fees, or expenses that arise from or relate to your use or misuse of our platform, violation of these Terms & Conditions, infringement of intellectual property rights, or any legal disputes resulting from your actions. This includes, but is not limited to, claims related to unauthorized content use, breach of contract, defamation, privacy violations, or any criminal or fraudulent activity conducted through our platform.

If a third party files a claim against MOBSEAR Gallery due to your actions, you acknowledge that you will bear full responsibility for defending against such claims. You agree to cooperate fully with us in the defense of any claim and will not settle or resolve any claim without our written consent. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification.

This indemnification obligation extends to both intentional and unintentional violations of these Terms & Conditions, ensuring that you remain accountable for your interactions and engagements within MOBSEAR Gallery. Your agreement to indemnify and hold us harmless remains effective even after you discontinue your use of our services.

10. Termination & Account Suspension

MOBSEAR Gallery reserves the right to suspend, restrict, or terminate your access to our services, including your account and any associated privileges, under certain circumstances. We take user compliance seriously, and if you engage in any activity that violates our Terms & Conditions, your account may be subjected to temporary suspension, permanent termination, or restricted access based on the severity of the violation.

Your account may be suspended or terminated if:

• You violate these Terms & Conditions or any other applicable policies on our platform.
• You engage in fraudulent, deceptive, or illegal activities, including but not limited to identity theft, misuse of content, or involvement in unauthorized transactions.
• You repeatedly infringe copyrights or intellectual property rights despite warnings or DMCA notices.
• You use MOBSEAR Gallery content in an unlawful, defamatory, obscene, or misleading manner.
• You engage in abusive, harassing, or harmful behavior toward other users, contributors, or our support team.
• You attempt to hack, manipulate, or disrupt the functionality or security of our website, servers, or network.

In cases of serious violations, such as hacking attempts, fraud, or illegal activities, we may report the issue to law enforcement authorities and take legal action if necessary.

Once your account is terminated, you lose all access to your purchased or downloaded content, and no refunds will be provided for any prior payments. If your account is suspended due to a misunderstanding or error, you may appeal by contacting us at the contact page or support email.

MOBSEAR Gallery reserves the right to terminate services or close accounts at its sole discretion, even without prior notice, if we believe it is in the best interest of our platform and community.

11. Governing Law & Dispute Resolution

These Terms & Conditions shall be governed, interpreted, and enforced in accordance with the laws of [Your Country/State], without regard to any conflict of law principles that may arise. Using MOBSEAR Gallery, you agree that any disputes, claims, or legal proceedings related to your use of our services shall be resolved under the applicable laws of [Your Jurisdiction].

In the event of a dispute between you and MOBSEAR Gallery, we strongly encourage an initial attempt to resolve the issue amicably by contacting our support team at the contact page or support email. We will make reasonable efforts to resolve any disagreements promptly and fairly.

Dispute and Controversy Resolution

However, if the dispute cannot be resolved through informal negotiations, both parties agree to submit the matter to binding arbitration, rather than proceeding with litigation in court. Arbitration will be conducted by a neutral third-party arbitrator, following the rules and procedures established by an accredited arbitration authority in [Your Country/State]. The arbitration proceedings shall take place in [Your Jurisdiction], and the decision of the arbitrator will be final and binding on both parties.

You expressly waive your right to participate in any class-action lawsuit against MOBSEAR Gallery, and you agree that any claims shall be handled individually, rather than as part of a collective or class-based action.

If any provision of these Terms & Conditions is found to be unenforceable or invalid, the remaining provisions shall continue to be in full force and effect. Using MOBSEAR Gallery, you acknowledge and agree to these legal provisions regarding dispute resolution and governing law.

Additional Terms for European (EU, UK) and US Users

12. European (EU, UK) and US Users Terms

If you are accessing MOBSEAR Gallery from the European Union (EU), United Kingdom (UK), or the United States (US), additional legal provisions and consumer rights apply to ensure compliance with GDPR (General Data Protection Regulation), UK Data Protection Act 2018, CCPA (California Consumer Privacy Act), and other applicable laws. By using our services, you agree to abide by the respective data protection, consumer rights, and liability laws that govern your jurisdiction.

◉ GDPR & UK Data Protection Compliance (For EU & UK Users)

If you are an EU or UK-based user, we process your personal data under the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018. This means:

• Data Rights: You have the legitimate to access, correct, remove, or restrict the use of your personal data or any information.
• Data Portability: You may request to receive your personal data in a structured, machine-readable format.
• Right to Erasure (“Right to be Forgotten”): You can request deletion of your account and associated data.
• Consent & Cookies: We require explicit user consent for cookies and data collection, except where necessary for essential services.
• Data Storage: Your personal data is securely stored and processed in accordance with GDPR and UK laws.

Please review for full details on our Privacy Policy.

◉ CCPA Compliance (For California, US Users)

If you are a resident of California, USA, you are entitled to additional consumer protection rights under the California Consumer Privacy Act (CCPA), including:

• Right to Know: You can request information about what personal data we collect, use, and share.
• Right to Opt-Out: You have the right to opt out of personal data sales (if applicable).
• Right to Deletion: You may request deletion of your personal data.
• No Discrimination: We will not discriminate against users for exercising their privacy rights.

◉ Consumer Rights & Refunds (For EU, UK & US Users)

Under consumer protection laws applicable in the EU, UK, and certain US states, you may have additional refund or cancellation rights:

• Right to Cancel Digital Purchases: In the EU & UK, digital content purchases may qualify for a 14-day withdrawal period, provided the content has not been accessed or downloaded. Once accessed, your right to withdraw is waived.
• Refund Exceptions: Due to the nature of digital content, US-based refunds are only granted in exceptional cases, such as technical errors preventing file access.
• Automatic Renewals: If you subscribe to any of our premium services, you can cancel at any time before the next billing cycle to avoid auto-renewal charges.

For refund and cancellation policies, refer to point 7 of these terms & conditions.

◉ Legal Jurisdiction & Dispute Resolution

• For EU/UK Users: Any legal disputes shall be governed by the laws of the country in which you reside, and may be resolved in accordance with the European Online Dispute Resolution (ODR) platform.
• For US Users: Any disputes shall be governed under federal and state laws, depending on the state of residence. California residents may file complaints through the California Consumer Protection Agency.

Using MOBSEAR Gallery, you acknowledge these additional regional terms & conditions and agree to comply with the laws that apply to you.

By using MOBSEAR Gallery, you acknowledge that you have read, and understood. And agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please do not continue using our platform. Thank you for being part of our vibrant community and happy to share your creativity!