Shootster User Agreement
Effective Date: May 22, 2017
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and Shootster Inc. (“Shootster”, “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.Shootster.com, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services, applications and products that are accessible through the Site and all Shootster mobile applications that link to or reference this Agreement (“Services”) whether provided by us or our Affiliates.
Subject to the conditions set forth herein, Shootster may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site.
Your continued use of the Site or the Site Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of and agreement to be bound by the Terms of Service as revised, effective on the date you register your account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION BELOW. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
- SITE SERVICES.
What is Shootster? Shootster is an online platform connecting clients and photographers. Clients can use the Site to post a request-for-bid from Photographers for a particular shoot, and have access through the Site to a diverse group of local photographers that will bid for the job. Capitalized terms used herein and not so defined shall have the meanings set forth below.
What are Shootster’s goals? Shootster’s goals are to facilitate the process of finding Photographers for Clients and streamlining the process by which Clients compare price points and portfolios. Shootster also aims to make the process by which Clients choose and receive their photos easier through the Site Services that allows Photographers to upload photos to an album that a Client can access. Clients can select which photos they want edited and receive them seamlessly through the Site after the Photographer has completed any requested retouching.
Shootster General Terms
Users understand and agree that Shootster is solely an intermediary between Clients and Photographers. Shootster under no circumstance is providing employment for Photographers nor acting as an agent for either Clients or Photographers. Any issues or liabilities shall therefore lie between the Client and the applicable Photographer. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older (and if you are under the age of 18, you represent that you have permission from your parent or guardian to use agree to the Terms of Service); and (d) your use of the Site does not violate any applicable law or regulation.
Client: The User as an individual or legal entity acquiring the Photographer’s service(s).
Job(s): The request made by a Client where he/she specifies the requirements for the requested services from a Photographer.
Job Album: The album that contains the Job Materials and which is accessed by the Client directly on the Site. The Photographer uploads the Job Materials to the Job Album.
Job Commencement Date: The date when the Client is requesting a Photographer’s services.
Job Deadline: The date by which the Photographer should have already delivered the Job Materials to the Job Album and by which the Job should be completed. This is 21 days after the Job Commencement Date.
Job Fee: The budget that the Client has assigned to his/her job. This may be a fixed dollar amount or a price range. Photographers bid on a Job with a fee at their discretion, the fee that they offer can be below, at or above the fixed dollar amount or price range that the Client designates.
Job Material: The images created and produced as part of the Photographer’s service to the Client that meets the expectations described in the Job Details.
Photographer: The individual or legal entity, which includes professional and semi-professional photographers, that have created a profile and portfolios on Shootster.com for the purpose of finding Jobs, bidding on Jobs and getting hired by Clients.
Portfolio Content: The images uploaded by a Photographer onto the “Portfolios” section of their account that are subdivided depending on the photography genre.
Client Service Fee: The 2.75% fee paid by the Client based upon the final Job Fee agreed upon by the Photographer and Client.
Photographer Service Fee: The 10% fee that the Site charges based upon the final Job Fee agreed upon by the Photographer and Client. The Service Fee is deducted from the Photographer’s payout.
Usage Rights: The rights that the Client acquires in and to the Job Materials, for which it has paid.
Shootster User Sign-Up and Use
1. User Account, Password and Security. To start using Shootster.com, Clients and Photographers have to create a Shootster user account and profile information. When you register to become a User you provide a password and receive an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. User agrees to immediately notify us of any unauthorized use of User’s account or any other breach of security known to User.
2. By accepting these Terms and Conditions, Users (both Clients and Photographers) certify that they are at least 18 years old.
3. User membership is free of charge, and allows (1) Photographers to submit his/her portfolio and apply to Jobs created by Clients and (2) Clients to submit Jobs in search of Photographers to fulfill the requested services.
4. Upon completing the sign up process, Clients will have full access to Shootster’s features, including the ability to post Jobs and view Photographer profiles. We rely on third-party service providers to perform a variety of services on our behalf. To do so, we may need to share your information with them. For example, we may rely on service providers to host data and platforms, fulfill our product and service requests and answer your questions, send e-mails on our behalf, process payment card or other transactions, and analyze data to improve our products and services.
5. Upon completing the sign up process, Photographers will be prompted to add content to the Portfolio(s) section of their profile. This section can be saved and completed at the Photographer’s discretion but he/she will not be able to apply to Jobs or message Clients until at least one portfolio has been successfully added to their account. Photographers must also complete the payment settings of their profile before they can apply to Jobs or message Clients. Photographers have to input their bank account information for receiving payments, which includes their bank account number and routing number. This sensitive information is securely sent to Stripe for verification and for purposes of seamlessly executing payouts directly to Photographer bank accounts within 3 business days of Job completion.
- Post Your Job. Once a Client posts his/her Job on the Site, Photographers can view the job to submit their Job Fees to the Client.
- Select Your Photographer. Once the Client hires the Photographer, the Job will appear under the “Job History” section on the Client’s account page.
- All Jobs posted on Shootster.com must be paid work for money (no barter for services or other property). Any Jobs not meeting this criteria will be immediately removed.
- The Photographer and Client are bound by all conditions, quality standards, and other constraints made within the Job.
- The Client will receive the ordered Job Material from the Site in the same quality delivered from the Photographer(s).
- Pricing and Payments. All prices are stated in the Job Fee. However, any price quoted excludes sales tax. Photographers are required to comply with all laws regarding the collection and remitting of sales tax to its local governmental authorities.
- Clients and Photographers can update the Job Fee directly on the site reflecting mutually agreeable changes in the original Job Fee and requested services. Both the Client and Photographer must agree upon the updated Job Fee. The Clients’ credit/debit card will be charged upon both parties agreeing to the updated Job Fee, but funds will not be transferred to the Photographer until Job completion. In the case the updated Job Fee is less than the original Job Fee, please contact email@example.com for a refund of the difference, which may be subject to additional processing fees.
- Photographers will be charged a 10% service fee on the final Job Fee.
- Clients will be charged a 2.75% service fee on the final Job Fee.
- Clients’ credit/debit card will be charged 3 days prior to the Job Commencement Date. The funds will not be transferred to the Photographer until Clients have clicked the “Mark Job as Complete” button in the Job Details page. Clients should only click “Mark Job as Complete” once they have received all the Job Materials with or without edits that they have requested and are ready to download.
- Client refunds are subject to a non-refundable 2.75% fee on the final Job Fee at Shootster’s discretion.
- The Site presently uses Stripe to facilitate payments and collection of the Client’s Service Fee (which is added to the Job Fee collected from the Client).
- Users shall not circumvent the Site (whether directly or indirectly) for the delivery of any Job Materials and/or payments therefore (nor shall they communicate any intention to do so). Any User that violates this rule will be banned from the Site.
- Users acknowledge and agree that Shootster is not a party to any agreement between a Client and Photographer, and that the agreement between such parties will not, under any circumstance, create an employment or other service relationship between Shootster and any Photographer or Client.
- Non-Payment. If Client fails to pay any Fees or any other amounts due under the Terms of Service, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, Shootster may suspend or close Client’s account and revoke Client’s access to the Site, including Client’s authority to use the Site to process any additional payments, enter into other agreements with Photographers, or obtain any additional Services. Without limiting other available remedies, Client must pay Shootster upon demand for amounts owed under the Terms of Service, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus reasonable attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Shootster may set off amounts due Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
- Taxes. Photographer agrees that it is an independent contractor with respect to the performance of all its services for a Client. Photographer agrees to the responsibility of reporting any local or federal taxes associated with performing the services for a Job. Any and all personnel engaged by Photographer are and shall be employees of Photographer and shall not in any sense be employees, agents or servants of Shootster or Client. Photographer shall be solely responsible for the payment to its employees of the entire compensation earned by them in connection with the subject matter of this Agreement, including payment of any expenses and benefits associated with employment, and for any and all employment and withholding taxes and other expenses incurred in connection with their employment. Photographer shall also be liable for any unemployment compensation and worker's compensation insurance payments made to any Photographer employee assigned to a Job. The personnel shall not be entitled to any benefits, coverages or privileges made available to employees of Shootster or a Client, including, without limitation, social security, unemployment, medical and pension benefits. Photographer agrees to indemnify and hold Shootster and Clients harmless from any and all expenses, losses, damages, claims, actions, charges, suits or judgments, including reasonable attorneys' fees, arising out of the Photographer’s non-fulfillment of its obligations as set forth in this paragraph and any other employment related matter.
- Payment Methods. Clients are charged a fee for payment processing and administration as described herein. In order to use certain Site Services, Client must provide account information for at least one valid payment method. Client hereby authorizes Shootster to run credit card authorizations on all credit cards provided by Client and to charge Client’s credit card (or any other payment method). When Client authorizes the payment of fees under this Agreement, Client automatically and irrevocably authorizes and instructs Shootster to charge Client’s payment method for such fees. When Client approves or is deemed to have approved a Job, Client automatically and irrevocably authorizes and instructs Shootster to charge Client’s payment method for the related fees. By providing payment method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to perform payments using the payment method(s); (c) such action does not violate the terms and conditions applicable to Client’s use of such payment method(s) or applicable law; and (d) that there are sufficient funds or credit available to complete the payment using the designated payment method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s payment method(s), Client is solely responsible for paying such amounts by other means.
- Refunds/Cancellation. Clients must contact Shootster customer service for refunds and describe the reasons for why they are requesting a refund. Reasons may include, but are not limited to, job cancellation, photographer did not render services to the client, unprofessional behavior from the photographer and failure to deliver material that reasonably meets the job expectations described in the job details. Shootster customer service will act as the intermediary between Clients and Photographers regarding any disputes and make a decision regarding whether a full or partial refund (minus fees) should be issued in context of the Job expectations described in the Job Details, the delivered materials and the Shootster Code of Conduct. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other payment method provider to charge back any Job Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that Shootster may dispute or appeal the chargeback and institute collection action against Client.
- Non-Circumvention. You acknowledge and agree that a substantial portion of the compensation Shootster receives for making the Site available to you is collected through the fees described herein (“Service Fee”). Shootster only receives this Service Fee when a Client and a Photographer pay and receive payment through the Site. Therefore, for 6 months from the time a Client and Photographer are identified through the Site (the “Non-Circumvention Period”), such Users must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that User or arising out of your relationship with that User (the “Shootster Relationship”). You may opt-out of this obligation with respect to each Client-Photographer relationship only if Client or prospective Client or Photographer pays Shootster an “Opt-Out Fee” of $300. This payment is regarded as compensation for Shootster facilitating the connection between Client and Photographer. To pay the Opt-Out Fee, you must request instructions by sending an email message to: firstname.lastname@example.org. Unless you pay the Opt-Out Fee, you agree not to circumvent the payment methods offered by the Site. All fees and communications with respect to any Job must be paid for (and communicated via, as the case may be) through the Site. You agree to notify Shootster immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Shootster by sending an email message to: email@example.com. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site and therefore choose to cease using the Site, you must pay the Opt-Out Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site until the expiration of the Non-Circumvention Period.
- Ownership Rights. As part of the Job Details, the Client needs to specify its intended Usage Rights for the Job Materials — whether it is a “work made for hire” (e.g., the Client owns all rights, title and interest in the Job Materials) or delivered under a limited license (e.g., the Job Material might only be for a specific advertising campaign). The client chooses the type of contract for the job they post. They can choose either a “work made for hire” or “limited license” contract agreement which is noted on the job post. In “work made for hire” contract agreements the client owns all rights, title and interested in the materials produced for the job but the photographer can use the materials for his/her portfolios and promotional purposes with consent from the client. In “limited license” contract agreements the client owns the rights to the materials produced for the job only on a limited, specific use basis and the photographer retains all rights, title and interest. Photographers agree to the terms of either contract agreement when applying to jobs. Users agree to abide by such Usage Rights and shall indemnify the other party (the Client or Photographer, as the case may be) and us for any violation of the respective Usage Rights. Shootster is not liable for any violation of Usage Rights by a Client, Photographer or any other third person. Shootster has no rights to the Job Material other than the right to use and/or display any Job Material and Portfolio Content (defined below) for the Site’s and Shootster’s marketing and/or promotion purposes using any method now known or invented in the future, for which User hereby grants Shootster perpetual, royalty-free, non-revocable, sublicensable, worldwide rights in the Job Materials and Portfolio Content for such purposes. Usage Rights inure to the Client once all fees have been paid in full. Shootster will exercise discretion when using any Job Material and Portfolio Content, a User may request that its Job Material and/or Portfolio Content not be used by Shootster because of privacy concerns or other reasons by contacting customer service at: firstname.lastname@example.org.
- By a Photographer’s submitting a Job Fee to a Job, the Photographer declares willingness to take on the job under the Job Details (pricing, copyrights etc.) specified when submitting Job Material. We reserve the right to ban any Photographer’s account should the Photographer fail to submit the Job Album, Job Material, and/or Usage Rights as ordered by the Client in the Job Details.
- Once the Client hires a Photographer for a specific Job, the Client will input their credit/debit card information for payment. The Clients’ credit/debit card will be charged three days prior to the Job Commencement Date. The funds are not paid to the Photographer until the Job Materials have been uploaded to the Job Album and both parties have marked the Job as “complete”. Before the Job has been marked as “complete” and after the Job Materials have been uploaded to the Job Album, the images are available for the Clients’ review but they are not downloadable or right clickable for saving. Photographers agree that they will not add a watermark to the Job Materials.
- Uploading Portfolio Content and Job Material. A Photographer can upload portfolio content (“Portfolio Content”) to his/her profile/portfolio comprised of images and or photos. The portfolio content acts as reviewable material that a Client can examine before deciding whether or not to hire the photographer.
- All material posted by a Photographer must be original content created by such Photographer. Once Job Material is uploaded on the Site for a Job, it cannot be withdrawn. If a Photographer wishes to delete it from the Site, please send an email to email@example.com.
- Photographers agree that they will not add a watermark to the Job Materials. The Site will automatically add a Shootster watermark to the Job Materials for the photographer’s protection. The watermarking of the Job Materials by the Site does not constitute a claim to ownership or expand the Site’s rights to the Job Materials beyond the purposes described previously in section 10 of “Using Shootster”. The Job Materials are not available for saving or downloading until the Job has been marked as “complete” (which confirms payout to the Photographer).
- Subject to the Usage Rights specified in the Job Details, the Photographer reserves all other rights, if any, to the Job Materials.
- Job Details. Photographer(s) shall upload all Job Material in high resolution for their portfolios as well as for Job Albums. The minimum resolution should match the requirements set forth in the Job Details. Once assigned to a Job, the Photographer must deliver the Job Material within the date specified by the Client, but no later than the Job Deadline, and failure to so comply may result in the Photographer being banned from the Site.
- Stripe. Payment processing services for Clients and Photographers on Shootster are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to Shootster’s Terms of Service or continuing to operate as a user of Shootster, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Shootster enabling payment processing services through Stripe, you agree to provide Shootster accurate and complete information about you and your business, and you authorize Shootster to share it and transaction information related to your use of the payment processing services provided by Stripe.
Restricted Activities. Restricted Activities: User’s use of the Site shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate the Terms of Service, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other Users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Interfere with a User’s business or services
- Take any action that may undermine online reviews or feedback
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not original to the Photographer
- Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with Shootster
- Appear to create liability for us or cause us to lose (in whole or in part) the services of our vendors, internet service providers, or other suppliers
- Use the Site or any information thereon for mass mailing or Spam
- Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Service or other policy documents as posted on the Site.
Code of Conduct (the “Code of Conduct”)
- Each User has an obligation to conduct its business in accordance with all applicable rules, regulations and laws, and in a manner that preserves trust and respect. Each User agrees to comply with the guidelines set forth in this Code of Conduct.
- Each User agrees that in connection with its use of the Services and/or the Site, such User will: (i) act ethically and with integrity; (ii) respect the rights, interests and safety of all Users; (iii) not abuse confidential information, or participate in any other illegal practice; and (iv) not harass, bully or discriminate anyone nor give unfair criticism or act unprofessionally.
- Further, each User will: (i) respect confidentiality and privacy and not disclose information or documents acquired, other than as required by law or where authorization is given; and (ii) not ask other Users for their private contact details and will communicate with them only through the Site. Additionally, a User may not engage in fraudulent activities (including using the Site simply for money exchange), make false statements on the Site, create multiple Site accounts, use the Site to transfer funds in violation of applicable law, or give false information (including posting false reviews).Of course, we can’t monitor Users’ activities on the Site and ask that Users confidentially report to Shootster (via email to firstname.lastname@example.org) any breaches of this Code of Conduct by others.
- The Site does not claim ownership rights in Job Materials or Portfolio Content. Users grant us a license solely to enable the Site to use any information, Job Materials or Portfolio Content you post on the Site, so that we are not violating any rights you might have. Users agree to allow us to store, translate, or re-format the Job Materials and Portfolio Content on the Site and display same on the Site as we determine. The Site will only use Job Materials or Portfolio Content for marketing or promotional purposes with authorization from the user.
- As part of a transaction, you may obtain personal information, including email address and shipping information, from another Site User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for Shootster-related communications. Shootster has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the User, you are not licensed to add any Site User to your email or physical mail list.
- By posting Job Materials on the Site, it is possible for an outside website or a third party to re-post that Job Material. You agree to hold Shootster harmless for any dispute concerning this use. If you choose to display your own Shootster-hosted image on another website, the image must provide a link back to its listing page on Shootster.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You acknowledge and agree that all Feedback will be the sole and exclusive property of Shootster and you hereby irrevocably assign to Shootster and agree to irrevocably assign to Shootster all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein.
Copyright Policy. Shootster respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Shootster has the right to terminate the access of infringers. If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send Shootster’s Copyright Agent a notification of claimed infringement with all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Shootster’s Copyright Agent for notification of claimed infringement can be reached as follows:
Links. Shootster may provide links to other web sites or resources. Because Shootster has no control over such sites and resources, you acknowledge and agree that Shootster is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Shootster shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
Shootster Dispute Assistance. Non-binding dispute assistance (“Dispute Assistance”) is available to Users prior to Job completion (the point at which both Users mark the Job as “complete” and funds are transferred to the Photographer). Clients and Photographers must contact Shootster customer service via e-mail at email@example.com with their full name, Job name and a description of why such User is placing a dispute (a “Dispute”). Shootster will attempt to resolve the Dispute by reviewing the Dispute, Job Details descriptions and the Job Materials after which Shootster will propose a mutual, non-binding resolution. Shootster will only review disputes within 30 days after Job completion.
- The Shootster Disputes team will notify Client and Photographer via ticket by providing a notice of Dispute along with a request for information and supporting documentation (if any).
- If both Client and Photographer respond to the notice and request for information, then the Disputes team will review the documentation and information submitted (and any information available on the Site) that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
- The proposed resolution is non-binding; Users are free to accept the resolution. If Client and Photographer agree to the proposed resolution in writing, Client and Photographer agree that Shootster is authorized and irrevocably instructed to immediately release the disputed funds in accordance with the proposed resolution. If either User disagrees with Shootster’s proposed resolution, then the Users are free to pursue the Dispute on their own outside of the Site.
Indemnification. You agree to indemnify and hold Shootster, its subsidiaries, and affiliates, and their respective officers, directors, agents, joint ventures, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of: your use of the Services, your threatened or actual breach of this Agreement (including any of your representations and warranties set forth in this Agreement), your violation of any law or the rights of a third party, and/or any content that you post on or through the Services. This indemnification obligation will survive the termination of this Agreement and/or your access to the Services.
Disclaimers. Shootster is not responsible for and makes no warranties, express or implied, as to the User content or the accuracy and reliability of the content posted on or through the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User content does not necessarily reflect the opinions or policies of Shootster. Shootster does not perform any diligence nor background checks on Users. Profiles and third party applications created and posted by Users on the Site may contain links to other websites. Shootster is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Shootster. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Shootster. When you access these third party sites, you do so at your own risk. Shootster takes no responsibility for third party advertisements or third party applications that are posted on or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Shootster is not responsible for the conduct, whether online or offline, of any User of the Services. Shootster assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or other communication. Shootster is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any User Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Shootster expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Shootster cannot guarantee and does not promise any specific results from use of the Services.
Limitation of Liability. You expressly understand and agree that Shootster shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data loss or other intangible losses (even if Shootster has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any data, information, or services obtained or messages received into, through, or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; or (v) any other matter relating to the Services. Notwithstanding anything to the contrary contained herein, Shootster’s liability to you or to any third party for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of (a) the total fees You paid to Shootster in the 3 months prior to the action giving rise to the liability, and (b) $1. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Arbitration and Class Action Waiver. Except as set forth elsewhere in this Agreement to the contrary, any dispute, controversy or claim against Shootster by a User relating to this Agreement or the Services shall be shall be resolved through a confidential, final, binding, and non-appealable arbitration in New York, New York under the rules of the American Arbitration Association (the “AAA”) in effect from time to time (with right to engage in pre-hearing discovery in connection with such arbitration proceedings if approved by the arbitrator). A single arbitrator shall be appointed by agreement between the parties or, failing such agreement, by the AAA. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this Agreement. The award of the arbitrator shall be final and binding and judgment thereon may be entered in any court having jurisdiction. The costs and expenses (including reasonable attorney’s fees) of the prevailing party shall be borne and paid by the party that the arbitrator determines is the non-prevailing party. Notwithstanding the foregoing, Shootster may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of its intellectual property or proprietary rights or with respect to “small claims” court matters. User agrees that it will only be permitted to bring claims against Shootster only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both User and Shootster agree in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
a. Other. This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Shootster regarding the use of the Services. The failure of Shootster to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. You may not assign or transfer the Terms of Service, by operation of law or otherwise. Any attempt by you to assign or transfer the Terms of Service, will be null and of no effect. Shootster may assign or transfer the Terms of Service, at its sole discretion, without restriction, and the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
b. Notices. Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms of Service, will be in writing and given by Shootster (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Services. For notices made by e-mail, the date of transmission will be deemed the date on which such notice is transmitted.
c. Termination. Shootster or User may unilaterally terminate your account at any time. User may terminate account for any reason. Shootster may terminate a user account if Shootster finds that you have violated or acted inconsistently with the Terms of Service.