These Terms and Conditions ("Terms") govern access to and use of EquipmentPics.com and its associated website, applications, and services (collectively, the "Service"), owned and operated by Equipment First, LLC, an Arizona limited liability company doing business as EquipmentPics.com, with its principal place of business at 9375 E. Shea Blvd, Suite 100, Scottsdale, AZ 85260. References in these Terms to "Company," "we," "us," or "our" refer to Equipment First, LLC. All protections, limitations of liability, disclaimers, and indemnification rights set forth in these Terms extend to and inure to the benefit of Equipment First, LLC and each of its affiliated entities, parent companies, subsidiaries, sister companies (including without limitation other platforms operated by Equipment First, LLC under different brands), members, managers, directors, officers, employees, agents, investors, representatives, successors, and assigns, individually and collectively.
BY ACCESSING, BROWSING, OR USING THE SERVICE — INCLUDING BY SUBMITTING, UPLOADING, OR POSTING ANY PHOTOGRAPH, IMAGE, LOGO, OR OTHER CONTENT ("SUBMISSION") — YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE OR SUBMIT ANY CONTENT.
Related Agreements. Your use of the Service is also governed by our Privacy Policy and, if you reside in California, our California Privacy Policy supplement, each of which is incorporated into these Terms by reference and should be read together with them. If you purchase Featured Placement or a Directory Listing, that activity is additionally governed by our Advertising Agreement, which is also incorporated by reference. These Terms control on matters concerning use of the Service, the license granted in your Submissions, and your account, unless a more specific document expressly states otherwise for its subject matter — for example, the Privacy Policy and California Privacy Policy control on matters specifically concerning the collection, use, and disclosure of personal information, and the Advertising Agreement controls on matters specifically concerning Featured Placement and Directory Listing fees, subject in each case to that document's own conflict provision.
Scope of These Terms. These Terms govern only your access to and use of EquipmentPics.com and its associated applications and services (the "Service"). These Terms do not apply to, and are not incorporated into, any other website, product, or platform operated by Equipment First, LLC or its affiliates under a different brand or domain. If you separately access or use another platform operated by Equipment First, LLC or its affiliates, your use of that platform is governed by the terms and conditions posted on that platform, not by these Terms. Where you use the Service together with one or more other Equipment First, LLC platforms in a manner that integrates or combines those platforms — for example, a shared account or a submission flow that spans both — the terms and conditions applicable to each platform apply concurrently to your combined use. To the extent of any direct conflict between them regarding the same subject matter, the terms specific to the platform on which the relevant activity occurred control for that activity.
Eligibility. You must be at least 18 years old to use the Service or to submit content. By submitting content, you represent that you are at least 18, have full legal capacity to enter into this agreement, and, if you submit on behalf of a company or other entity, that you have actual authority to bind that entity to these Terms.
Description of Service. The Service allows users to view and browse photographs and related content depicting heavy equipment and construction machinery. Submitting content requires creation of a free account, as described in the Accounts section below. Company requires an account for submissions so that it can communicate with submitting users about their Submissions, including copyright/trademark disputes, content removal, and account or security matters, as further described in our Privacy Policy. Users or businesses that wish to purchase Featured Placement or a Directory Listing may do so under the separate Advertising Agreement.
What You May Submit. You may submit photographs, images, and, where you elect to include it, an associated company or business name/logo mark that you are legally entitled to submit under the Ownership Warranty and Representations section below (collectively, "Submissions").
Grant of License — Photographic Content. By submitting a Submission, you grant Company, and Company's successors, assigns, and sublicensees, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, create derivative works from, publicly display, publicly perform, distribute, and otherwise exploit the Submission, in whole or in part, in any format or medium now known or later developed, for any purpose, including without limitation: (a) operating, displaying, and promoting the Service; (b) marketing, advertising, and promotional materials in any channel (digital, print, social media, out-of-home, broadcast, or otherwise); (c) internal business analytics and archival purposes; and (d) sale or licensing of derivative marketing or promotional materials to third parties, provided that the Submission itself (as a standalone stock photograph) is not resold as a stock-image product without your separate written consent. This license survives termination of your access to the Service, deletion of any account, or removal of the Submission from public display on the Service (Company may, however, elect to cease active use of a Submission following a valid takedown request under the Copyright Infringement / Takedown Notices section below).
Ownership Warranty and Representations. By submitting content, you represent and warrant that: (a) you own all copyright and other intellectual property rights in the photograph itself, or you have obtained all necessary rights, licenses, consents, and permissions from the rights holder(s) to submit the content and to grant Company the license described above; (b) the Submission does not infringe, misappropriate, or violate any third party's copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right; (c) if the Submission includes an image of a business name, brand, or logo that you or your company own, you have the authority to license that mark to Company as described in the Grant of License — Your Company Name/Logo section below; (d) you understand that a photograph of heavy equipment may incidentally depict trademarks, logos, decals, or branding owned by third parties (including equipment manufacturers, dealers, or rental companies) that you do not own and are not warranting rights to; and (e) the Submission does not contain unlawful, defamatory, obscene, or infringing material, and does not depict any identifiable individual in a manner that violates that individual's right of publicity or privacy without that individual's consent. Company's use of Submissions that incidentally depict third-party equipment manufacturer or dealer marks is intended as accurate, non-sponsored representation of the equipment shown and is not intended to state or imply that the mark owner endorses, sponsors, or is affiliated with Company or the Service.
Grant of License — Your Company Name/Logo. Where you voluntarily associate your own company name or logo with a Submission, you additionally grant Company a worldwide, royalty-free, sublicensable license to display that name/logo in connection with the Submission and in Company's marketing and advertising referencing the Submission, for so long as Company uses the associated Submission under the Grant of License — Photographic Content section above. This license does not extend to use of your name or logo in contexts unrelated to the Submission, and does not constitute an endorsement of Company's products or services by you or your company. You may request removal of your name/logo (as distinct from the underlying photograph) at any time by contacting us as set forth in the Contact section below.
Indemnification by Submitting Users. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of any representation or warranty in the Ownership Warranty and Representations section above, or (b) any claim that a Submission you provided infringes or misappropriates the intellectual property or other rights of a third party.
Copyright Infringement / Takedown Notices. Company respects the intellectual property rights of others. If you believe content on the Service infringes your copyright or other rights, please submit a written notice to our designated agent that includes: (1) a physical or electronic signature of the person authorized to act on behalf of the rights owner; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and its location on the Service (e.g., a URL); (4) your contact information (address, telephone number, email); (5) a statement that you have a good-faith belief the use is not authorized by the rights owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner.
Copyright/Takedown Contact: Attention: Copyright. Email: info@equipmentfirst.com. Mailing Address: 9375 E. Shea Blvd, Suite 100, Scottsdale, AZ 85260.
Upon receipt of a valid notice, Company will remove or disable public access to the identified content and may notify the submitting user. Company reserves the right to terminate the accounts of users determined to be repeat infringers.
Prohibited Conduct. You agree not to: (a) submit content you do not have the right to submit; (b) submit content that is unlawful, obscene, defamatory, or harassing; (c) misrepresent your affiliation with any equipment manufacturer, dealer, or company; (d) upload malicious code or attempt to interfere with the operation of the Service; or (e) scrape, harvest, or bulk-download content from the Service without Company's prior written consent.
Content Moderation and Removal. Company may, in its sole discretion and without notice, remove, refuse to display, or restrict access to any Submission for any reason, including suspected rights violations, policy violations, or content Company deems inappropriate. Removal of a Submission from public display does not, by itself, terminate the license granted under the Grant of License — Photographic Content section above with respect to prior uses already made by Company (e.g., materials already printed, published, or distributed).
Account Required to Submit Content. You must create an account to submit content as described in the User Submissions sections above. To create an account, we collect only an email address, a password (stored only in hashed form), and, if you choose to provide it, a company name or handle. Company does not require or maintain an extended user profile and does not require any other contact information to operate the account feature. See our Privacy Policy for full detail.
You are responsible for (a) maintaining the confidentiality of your login credentials, (b) using a password that is not reused from another service, and (c) all activity that occurs under your account. You agree to notify us promptly at info@equipmentfirst.com if you suspect unauthorized access to your account. Company is not liable for losses arising from unauthorized use of your account resulting from your failure to safeguard your credentials.
Service Notifications. By creating an account, you consent to receive email notifications from Company at the address on file regarding your account or your Submissions, including without limitation: copyright or trademark disputes affecting your Submissions, content removal or moderation decisions, security incidents involving your account, and material changes to these Terms or our Privacy Policy ("Service Notifications"). Service Notifications relate to the operation of your account and are not promotional; they are not subject to opt-out while your account remains open (you may stop receiving them by closing your account as described below). Separately, promotional or marketing emails remain optional and may be unsubscribed from at any time, as described in our Privacy Policy.
Closing Your Account. You may close your account at any time by contacting us at info@equipmentfirst.com. Closing your account stops future Service Notifications and marketing emails but does not, by itself, remove previously submitted content from the Service or terminate the license granted under the Grant of License — Photographic Content section above — see the Copyright Infringement / Takedown Notices section above for how to request removal of specific content.
Consent to Website Tracking and Electronic Monitoring (California Invasion of Privacy Act). By accessing or using the Service, you acknowledge and affirmatively consent to Company's use of cookies, pixels, tags, and other tracking technologies described in our Privacy Policy — including technologies operated by third-party analytics and advertising platforms such as Meta, Google, and TikTok — to collect information about your device, browsing activity, and interactions with the Service. This information may be used to measure, deliver, and target advertising, including advertising that features Submissions, across social media and other platforms.
This consent is intended to qualify for the consent exceptions available under the California Invasion of Privacy Act, California Penal Code sections 631, 632, and 638.51, and under any comparable state or federal law governing the interception, recording, or monitoring of electronic communications, consistent with the multi-state consent described in our Privacy Policy. As described in our Privacy Policy, tracking technologies that are not strictly necessary to operate the Service will not activate for California visitors until you provide affirmative consent through our cookie/tracking preference banner. You may withdraw that consent at any time through your cookie preferences or browser settings; withdrawing consent may limit certain features of the Service but will not block your ability to browse or submit content.
If you communicate with Company or its service providers through a chat feature, contact form, or similar tool on the Service, you further acknowledge that such communications may be recorded, transcribed, stored, or reviewed by Company and its service providers for support, quality, and analytics purposes, and you consent to that monitoring as a party to the communication.
Contests and Promotions. From time to time, Company may offer contests, giveaways, promotions, or drawings through the Service, including in connection with third-party social media platforms (each, a "Contest"), which are governed by this section unless separate official rules are posted for a specific Contest, in which case those rules control to the extent of any conflict. No purchase, payment, or fee of any kind is required to enter or win a Contest — submitting a photograph through the Service in accordance with these Terms is free and is the sole entry requirement, and purchasing or paying for any product or service will not increase an entrant's chances of winning. Contests are open only to legal residents of the United States who are at least 18 years of age and who otherwise meet the Eligibility requirements above; employees, officers, directors, and agents of Equipment First, LLC and its affiliated entities, and their immediate family and household members, are not eligible. CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW, and each Contest is subject to all applicable federal, state, and local laws; it is the entrant's responsibility to determine whether entry is permitted in their jurisdiction of residence.
Entry and Winner Selection. Submitting a photograph through the Service in accordance with these Terms and any Contest-specific instructions constitutes entry into the applicable Contest, limited to one entry per account unless stated otherwise; Company may disqualify any entry that is duplicative, automated, fraudulent, or that otherwise violates the Prohibited Conduct or Ownership Warranty and Representations sections above. Depending on the Contest, winners may be selected by public voting (which may take place on the Service or a third-party social media platform), by a randomized selection process applied to the account numbers of eligible entrants, or by a combination of both, as described in the applicable Contest announcement; Company's determination of winners and its interpretation of these rules is final. Any Contest using a third-party social media platform for voting or promotion is in no way sponsored, endorsed, administered by, or associated with that platform (including Meta, Instagram, Facebook, or TikTok), and all Contest questions must be directed to Company, not the platform. Potential winners will be notified through the Service Notification process at the email on file and may be identified publicly by account handle rather than full legal name; Company may require a response within a specified time and verification of eligibility before awarding a prize.
Prizes. Prizes will be as described in the applicable Contest announcement; if a prize or any component becomes unavailable, Company may substitute a prize of equal or greater value, including an equivalent cash or dollar value, in its sole discretion. Prizes are awarded "as is" without warranty, are not transferable, and may not be redeemed for cash by the winner except where Company elects to substitute a cash-equivalent prize. Winners are solely responsible for all applicable taxes; Company may require a completed IRS Form W-9 or other taxpayer information before awarding a prize and will issue an IRS Form 1099 where required by law. If a prize requires physical delivery, Company may separately collect information reasonably necessary to fulfill it, such as a shipping address, used solely for that purpose and any related tax reporting, consistent with our Privacy Policy.
General Conditions; Release; Publicity. Company may cancel, suspend, modify, or terminate any Contest, or disqualify any entrant, at any time and in its sole discretion, including for suspected fraud, technical failure, or violation of these Terms or Contest-specific rules, without liability. By entering a Contest, each entrant releases Company and its affiliated entities, and each of their officers, directors, employees, and agents, from any and all liability for injury, loss, or damage arising from participation in a Contest or the acceptance, possession, use, or misuse of any prize, to the fullest extent permitted by law, in addition to and without limiting the Disclaimer of Warranties and Limitation of Liability sections below. Except where prohibited by law, participation in a Contest constitutes consent for Company to use the entrant's Submission and account handle for advertising and promotional purposes related to the Contest, without additional compensation, consistent with the Submission license granted under the Grant of License — Photographic Content section above.
Disclaimer of Warranties. THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY SUBMISSION IS ACCURATE OR THAT UPLOADED CONTENT ACTUALLY BELONGS TO THE SUBMITTING USER, NOTWITHSTANDING THE WARRANTIES REQUIRED OF USERS UNDER THE OWNERSHIP WARRANTY AND REPRESENTATIONS SECTION ABOVE.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR ANY SUBMISSION. COMPANY'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.
Governing Law and Dispute Resolution. These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, on an individual basis only, with the arbitration seated in Maricopa County, Arizona.
YOU AND COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. THIS WAIVER APPLIES TO ALL DISPUTES WHETHER SOUNDING IN CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY OF LAW OR EQUITY.
Either party may seek injunctive relief in a court of competent jurisdiction in Maricopa County, Arizona for infringement or misuse of intellectual property.
Modifications. Company may modify these Terms at any time by posting the revised Terms with an updated "Last Updated" date. Continued use of the Service after changes take effect constitutes acceptance. Material changes affecting the Submission license described above will apply only to Submissions made after the effective date of the change, unless you are separately notified and given the opportunity to object.
Electronic Acceptance and E-SIGN Consent. By creating an account, submitting content, or otherwise using the Service, you expressly agree that such action constitutes a valid and binding electronic signature for purposes of these Terms and is fully enforceable to the same extent as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq., the Uniform Electronic Transactions Act (UETA) as adopted in Arizona, and all other applicable electronic signature laws. You consent to receive all agreements, notices, disclosures, and other communications from Company in electronic form.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force. These Terms, together with the Privacy Policy, California Privacy Policy, and, where applicable, the Advertising Agreement, constitute the entire agreement between you and Company regarding the Service. Company's failure to enforce any right or provision is not a waiver.
Assignment. You may not assign these Terms; Company may assign them freely, without notice to or consent from you, including in connection with a merger, acquisition, reorganization, or sale of assets.
Contact. Equipment First, LLC, d/b/a EquipmentPics.com. Attention: Copyright. 9375 E. Shea Blvd, Suite 100, Scottsdale, AZ 85260. All inquiries — general, copyright/takedown, privacy, and security: info@equipmentfirst.com.