Terms of Service
Media · version 2026-11-09
These Terms are a contract between you and Elite AI Holdings LLC ("we"), which operates Media. Effective 2026-11-09.
1. We are a venue, not the provider
Media is an online marketplace. Photographers are independent businesses who list and perform their own services or offer their own goods or spaces. We are not a party to the agreement between a client and a photographer, we do not perform, supervise or control the services, and no photographer is our employee, agent or partner. Photographers set their own prices, availability and methods; we show only suggested price ranges.
2. No vetting except where a badge says so
We do not screen, vet, endorse or guarantee any photographer or listing. The only checks we have made are the ones named in a badge on the profile (for example "Identity verified", "License matched registry", "Background check clear", "Insurance verified"), each with its source and date. "On file" means the photographer uploaded it and we did not verify it. You are responsible for deciding whom to hire or buy from.
3. Payments
Payments are processed by Stripe through Stripe Connect. The photographer's Stripe account receives the payment; our service fee (currently 12% buyer fee, 6% seller fee) is deducted by Stripe at payment time. We do not hold your funds. Stripe's Services Agreement applies to payments and payouts. Sales tax, where it applies, is calculated by Stripe Tax at checkout.
4. Disputes and refunds
See the Disputes and Refund Policy.
5. Acceptable use
See the Acceptable Use Policy.
6. Disclaimers
THE SERVICE IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY ABOUT THE QUALITY, SAFETY OR LEGALITY OF ANY LISTING OR SERVICE.
- Media lists independent photographers, videographers and drone pilots. Drone work is listed only for pilots whose FAA Part 107 remote pilot certificate (number and expiry) was matched in the FAA registry.
- Money is held in escrow and released only after the deliverables are uploaded and pass automated checks (count, size, sharpness, exposure); the automated check is not a quality guarantee and you still confirm. Reviews come only from completed bookings; reviews a photographer imports from their own records are labelled.
- Photographers keep ownership of their work unless the booking states a licence or assignment in writing.
7. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY ACT OR OMISSION OF A PHOTOGRAPHER OR CLIENT. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US$100. Some jurisdictions do not allow these limits, so they may not apply to you.
8. Indemnity
You will indemnify us against claims arising from your listings, services, content or breach of these Terms, except to the extent caused by our own wrongdoing.
9. Binding arbitration and class-action waiver
PLEASE READ CAREFULLY. Any dispute between you and us arising from these Terms or the service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, not in court, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual-property misuse. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. We pay AAA filing fees above what you would pay in court for consumer claims under US$10,000. The Federal Arbitration Act governs this section.
30-day opt-out. You may opt out of this arbitration agreement within 30 days after you first
accept these Terms by sending POST /api/marketplace13/legal/arbitration_opt_out while signed in, or by
writing to support@eliteaiempire.com or 2010 El Camino Real #2000, Santa Clara CA 95050 with your name, account id and the words "arbitration opt-out".
Opting out does not affect any other part of these Terms.
10. Governing law, changes, contact
California law governs, except the FAA governs section 9. We will give notice of material changes before they apply. Contact: Elite AI Holdings LLC, 2010 El Camino Real #2000, Santa Clara CA 95050, support@eliteaiempire.com.