Updated March 3, 2016
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS IS A LEGAL AGREEMENT. SHOOTDOTEDIT, LLC ("Us" or "We" or “Our” or “ShootDotEdit") PROVIDES THE WWW.SHOOTDOTEDIT.COM SITE (COLLECTIVELY, THE “SITE”) AND VARIOUS RELATED SERVICES (COLLECTIVELY, THE “SERVICES”) BETWEEN YOU, THE INDIVIDUAL, THE VISITOR, AND/OR THE ENTITY IDENTIFIED AS “ACCOUNT OWNER" (AS DEFINED BELOW) AND SHOOTDOTEDIT. ALL OF THE PERSONAS AFOREMENTIONED ARE SUBJECT TO COMPLIANCE WITH ALL THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED HEREIN (THE “TERMS OF SERVICE”), AS WELL AS ANY OTHER WRITTEN AGREEMENT BETWEEN US AND YOU. BY USING ANY PART AND/OR SECTION OF OUR SITE, YOU AGREE TO BE BOUND BY AND ACCEPT THE TERMS OF SERVICE STATED IN THIS AGREEMENT, WHICH INCLUDES ANY CHANGES OR AMENDMENTS MADE TO THESE TERMS. IF YOU DO NOT AGREE OR DO NOT WANT TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. OTHERWISE, YOUR AGREEMENT WITH THESE POSTED TERMS BECOMES EFFECTIVE THE MOMENT YOU BEGIN USING THE SITE.
I. YOUR PRIVACY
ShootDotEdit is a cloud service subscription business designed to enable success for Professional Account Owners. ShootDotEdit achieves this goal by providing best in class post production, marketing, gallery hosting, photo storage, and the selling of both print and digital versions of professional photographs.
III. AGREEMENT TO TERMS
By using this site, User agrees to abide by all the Terms and Conditions as set forth below. In addition to the General Terms and Conditions, Account Owners agree to abide by the Account Owner Terms and Conditions set forth below.
IV. DESCRIPTIONS AND TERMS
ShootDotEdit, LLC and ShootDotEdit.com will from here on be referred to as “ShootDotEdit." All pages within this site and any content and/or media made available to view or download will from here on be referred to as the “site."
1. The term “Site” refers to all pages, both public and secure, that host and display all services provided by ShootDotEdit.
2. The term “Account Owner" refers to our Customers who subscribe to a ShootDotEdit Annual Plan service in order to receive services that include but are not limited to color correction, post production, event gallery marketing, event gallery creation/presentation/sharing/selling of photos, photo storage, and/or other products provided by ShootDotEdit. Any time our Terms of Service and/or Terms and Conditions will refer to and reference the “Account Owner”, it is understood that an Account Owner legally and fully representing and responsible for any person or entity of whom they grant access to their said account (ie. an Associate); “Account Owner” also refers to Customers who subscribe to ShootDotEdit under a custom contract arrangement in order to receive services that include but are not limited to color correction, post production, event gallery marketing, event gallery creation/presentation/sharing/selling of photos, photo storage, and/or other products provided by ShootDotEdit.
3. The term “Associate” refers to a user or users whom are given access to ShootDotedit by because of unique permissions expressly granted through a custom contract arrangement by which the Account Owner permits for one or more Associates (the number of users is defined by the unique contract) to use ShootDotEdit within the said unique contract and terms.
4. The term "Purchaser" refers to any Visitor of either ShootDotEdit or the Account Owner who intends to view and/or purchase photographs, products, services, and/or subscriptions via the ShootDotEdit site.
5. The term “User” refers to any person and/or entity who enters and/or participates on or in our site and whom is not an Account Owner.
6. The term “Content” includes but is not limited to all forms of media, functionality, user interface design, marketing automation, images, photographs, registration information, data, metadata, file names, text, fonts, graphics, user experience design, logos, icons, messaging, calls to action, images, audio and/or video files, digital downloads, prints, software, and the organization and/or juxtaposition of information.
7. The term “Annual Plan” refers to a 12 month annual subscription contract and commitment
8. The term “Unlimited Plan” refers one type of Annual Plan where as an Account Owner is able to send an unlimited amount of professional photography jobs over the course of one year, the subscription duration. Terms and conditions apply.
9. The term “Rollover Plan” one type of Annual Plan where as an Account Owner is able to send and/or accrue one (1) “professionally photographed wedding event” credit (700 images per wedding) OR two (2) “professionally photographed portrait sessions” (200 images per session) credits per month, over the course of one year, the subscription duration. Terms and conditions apply.
10. The term “Extra” is a Gallery Hosting Service that provides image storage, marketing, sales, and Zero-Commissions on all print pales. And, its Free for active ShootDotEdit Account Owner Customers.
11. The term “Risk Free” refers to a 30 day “Risk Free” grace period by which an Account Owner may cancel their Annual Plan Subscription. Refer to the Terms and Conditions (section V.E) that define this policy.
12. The term “Active and in Good Standing” refers to any Account Owner in which all dues and/or fees and paid in full, not late, and/or not in collections.
V. GENERAL TERMS AND CONDITIONS
All ShootDotEdit services shall be subject to the discretion of ShootDotEdit and shall be subject to ShootDotEdit's Terms of Service. ShootDotEdit reserves the right to modify or add additional conditions to the of Service at any time and without notice. If any of the provisions of these Terms and Conditions are found invalid, void, or unenforceable, that provision only shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.THE CHOICE AND WILL TO USE THIS SITE (BOTH THE PUBLIC AND/OR SECURE SECTIONS), WHETHER CONTINUED USE OR INTERMITTENT OR FOR ANY DURATION OF TIME, INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE PUBLISHED HEREIN. THIS INCLUDES THE USE OF ANY OTHER SITE OWNED BY SHOOTDOTEDIT, LLC. These Terms of Service constitute the entire agreement between SHOOTDOTEDIT, Account Owners, and Users. Violation of the Terms of Service may prompt ShootDotEdit to take any action it deems necessary or appropriate to enforce its rights including but not limited to the institution of legal proceedings.
VI. GENERAL RESTRICTIONS OF USE
All pages within this site and any content made available for view, purchase, and/or download are the property of either ShootDotEdit, Account Owners, licensors, and/or suppliers. The site is protected by state, federal, and international copyright and trademark laws. No portion of the content on this site owned by ShootDotEdit may be reprinted, republished, modified, or distributed in any form without the express written permission of ShootDotEdit. You agree that you shall respect the intellectual property rights of ShootDotEdit and the intellectual property rights of our Account Owners, licensors, and/or suppliers.. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any view, print, and/or downloaded content and shall comply with any applicable end user license agreements.
Any rights not expressly granted by the terms and conditions of these Terms of Service or any applicable end user license agreements are reserved by ShootDotEdit.
A. LIMITS AND RESTRICTIONS
Account Owner’s and User’s acknowledge that ShootDotEdit may change the Terms of Service and their terms and conditions from time to time without written notice to Account Owner’s and User's. Account Owners and Users agree that they will not contest the validity, enforceability or admissibility of such. The Terms of Service and their terms and conditions provided on the site and that hard copy printouts of any information provided on the web site are admissible, if introduced as evidence in tangible form in any judicial or administrative proceedings, to the same extent and under the same conditions as other business records originated and maintained in documentary form.
If Account Owner’s and User’s abuse and/or violate any of our Terms of Service, access to the site may be disabled automatically.
B. PROHIBITED CONTENT AND BEHAVIOR
ShootDotEdit has the right and possesses sole discretion to remove or refuse any content that, in its judgment, does not comply with these Terms of Service. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
The use of our site by user(s) is subject to all applicable city, state, and federal laws and regulations, and all users are solely responsible for all their actions, voices, typed words, behaviors, navigations, movements, and/or communications when using our site.
To further, you understand and acknowledge that we will comply fully with any law enforcement authorities and/or legal investigations as they relate to suspected criminal violations.
As either an Account Owner and/or User, you agree that you shall not:
(1) impersonate any Account Owner and/or User; this includes but is not limited to employees, licensees, subcontractors, competitor, consultants, and/or representatives of ShootDotedit.
(2) access any account without the permission of the Account Owner;
(3) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of ShootDotEdit, Account Owners, and/or Participants;
(4) spam other ShootDotEdit user(s) or burden them with unwanted communications; or
(5) post content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals);
(6) modify, adapt, screen grab, copy, hack, and/or modify any other website so as to falsely imply or make it appear that the website is associated with ShootDotEdit;
(7) misuse, transfer, sell, copy, screen grab, or otherwise disclose private information provided to you by other Account Owners, Users, and/or Participants;
(8) victimize, harass, degrade, intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(9) communicate or transfer any content and/or software code designed to damage, harm, breach security, expose privacy, and/or degrade the integrity of ShootDotEdit, Account Owners, and/or its Users; this communication includes but not limited to code such as files, viruses, software programs, or worms;
(10) participate in any behavior that harms, damages, and/or limits the functions of any marketing efforts, software design, software design or algorithm, software database(s), data transfer, hardware, and/or telecommunication efforts;
(11) enable others to, copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the ShootDotEdit Software or any services provided by the ShootDotEdit Software or any part thereof;
You understand and agree that we may at any time, and at our sole discretion, terminate your account subscription, account, contract, and/or other affiliation with our site without prior notice to you for violating any of the above prohibitions.
VII. ACCOUNT OWNER TERMS AND CONDITIONS
Subject to the terms and conditions as set forth in these Terms of Service, ShootDotEdit may offer different levels of services depending on the Account Owner's annual plan and/or custom contract. It is each Account Owner's responsibility to be informed of these terms and conditions, as well as the various service opportunities, options, and tiers provided by ShootDotEdit. For detailed description and comparison of different levels of services available please refer to the ShootDotEdit pricing page http://shootdotedit.com/pricing-plans/.
A. ACCOUNT OWNER RESPONSIBILITIES
Each Account Owner is responsible for any and all activity that occurs under the Photographer's user name or account. Each Account Owner is responsible for obtaining permission and proper release documentation from any person whose image is published by the Account Owner on our site. While, in its sole discretion, ShootDotEdit has the right to refuse or remove any material or activities on its site, ShootDotEdit specifically reserves the right to delete any images where ShootDotEdit, in its sole judgment, lacks confidence in the documentation of a photography release.
By using our site, each Account Owner agrees to not publicly share, post or redistribute any prices, product, shipping, services, and/or details of any third party service our site is aligned with which includes but is not limited to printing labs, album designs, etc.
B. INTELLECTUAL PROPERTY AND COPYRIGHT PROTECTION
All Content, as defined in the ‘Descriptions and Terms’ section, is the property of either ShootDotEdit, an Account Owner, and/or our licensors/suppliers.
(1) INTELLECTUAL PROPERTY PROMISE
The Account Owner legally promises, represents and warrants to ShootDotEdit that the Account Owner is the legal owner and/or legally controls all of the rights to the Account Owner content including the content uploaded and/or provided by the Associates participating on behalf of the Account Owner; the Account Owner promises and warrants to possess all the legal rights necessary to grant ShootDotEdit such license.
(2) COPYRIGHT PROTECTION
If we receive a claim of copyright infringement, ShootDotEdit reserves the right to immediately remove the identified content from our site without liability to the Account Owner or any other party.
(3) ACCOUNT OWNER RIGHTS
Account Owners retain their full legal rights to any content they upload to our site, including, but not limited to, photographs, videos audio, digital content, metadata, and any/all business info entered into the site by the Account Owner and/or Associate.
(4) SHOOTDOTEDIT TERMS
When an Account Owner uploads, delivers, and/or transmits content to ShootDotEdit, the Account Owner agrees to give ShootDotEdit a royalty-free, perpetual license, including copyright, worldwide, and non-exclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available the Account Owner content in ways that we believe are fitting and appropriate to achieve our goal of enabling the success of ShootDotEdit Account Owner’s; our non-exclusive right is only for the sole purpose of achieving this goal on behalf of the Account Owner.
C. UP-TO-DATE REGISTRATION DATA AND INFORMATION
In order for Account Owners to access and use services on our site, the Account Owner will be required to complete our online registration forms which require specific data fields to be entered accurately and completely. By registering this required info, the Account Owner agrees that all information provided during the registration process is true and accurate. Also, the Account Owner promises to change and update the information should at anytime its accuracy expire. This information includes but is not limited to credit card data, contact info such as telephone/email/ and/or mailing address, website address, Account Owner preferences, etc.
D. COPYRIGHT INFRINGEMENT DISCLAIMER
ShootDotEdit makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this site or sold by Account Owners. ShootDotEdit cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this site. If a photograph or trademark appears on this site and a User believes copyrights have been violated, please send us a notification of claimed infringement that conforms to 17 U.S.C. & 512(c)(3) and we will respond swiftly.
Although we reserve the right and have sole discretion to audit and review all content placed on our site by an a User, we neither endorse nor assume any liability for the contents of any content uploaded or submitted to the site.
E. RISK FREE SUBSCRIPTION GRACE PERIOD:
Our Annual Plans provide for a 30 day “Risk Free” grace period. The Account Owner has 30 days from their date of account registration whereby they may choose to cancel. This choice and action if done within the 30 day grace period will provide a legal of their contractual 1 year subscription commitment. Please take note, our “Risk Free” option IS NOT and may not be confused with a free trial of our service(s). Upon cancellation of any Annual Plan, any/all services rendered during the 30 day grace period by the Account Owner will require payment for the full color correction retail value of $0.49 per image. ShootDotEdit reserves the right to charge the Account Owner’s credit card on file for any/all services rendered at our published retail amount for any/all balances owed that are accompanied with a cancellation.
At the expiration of an Annual Plan subscription, this subscription will automatically renew for successive one (1) year periods unless the Account Owner provides ShootDotEdit with written notice, at least 10 days prior to the expiration date, of their intent to modify and/or not renew this subscription.
Upon cancellation of any Annual Plan Subscription, at any time during the 12 month period, any/all services rendered by the Account Owner will require payment by the Account Owner for their full retail value of $0.49 per image submitted during the “Risk Free” grace period. ShootDotEdit reserves the right to charge the Account Owner’s credit card on file for any/all services rendered at our published retail amount for any/all balances owed that are accompanied with a cancellation.
Account Owner agrees that ShootDotEdit may terminate each Account Owner's subscription and/or access to and use of the Account Owner services, with or without cause, at any time and at the sole discretion of ShootDotEdit; If an Account Owner Subscription is terminated for any reason other than a violation of these Terms of Service, ShootDotEdit will refund the prorated difference between their most recent payment and the day of cancellation during the month of termination. Upon termination of an Account Owner Subscription, and if the Account Owner is terminated for any reason other than a violation of these Terms of Service, ShootDotEdit will provide up to 30 days for an Extra user to download, gather, and secure any/all content from our site. After these 30 days, ShootDotEdit has no obligation to provide Account Owner with a copy of any content whatsoever and ShootDotEdit may delete the Account Owner content permanently and forever.
Upon termination or suspension, if the Account Owner has breached the terms of our service, the Account Owner’s right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information, data, and/or files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
I. BALANCE(s) OWED
ShootDotEdit will collect payment of an Account Owner in the event there is a negative balance associated with any of our service or services. ShootDotEdit shall have the right to either discontinue placement of orders via any of the ShootDotEdit Services until the negative balance is paid in full or terminate the account and/or apply the profits generated by an Account Owner’s gallery(s) until the negative balance is paid in full.
J. NON-PAYMENT AND/OR DELINQUENT PAYMENT
Nothing in the Account Owner's Terms and Conditions shall limit ShootDotEdits right to pursue all remedies allowed by law to collect on delinquent accounts.
If Account Owner is unable to make their payments, access to their account will be disabled until payment is received.
K. INDEMNIFICATION AND DISCLAIMERS
(1)Our site, including any material or activities contained within it or any site-related service, is provided “as is”, with all faults, and “as available”, with no representations or warranties of any kind. Account Owner shall release, defend, indemnify and hold harmless ShootDotEdit (including its officers, directors, employees, affiliates, independent contractors, distributors, agents and successors) against any expense, loss, cost or liability (including, without limitation, interest, penalties, attorney fees and paralegal fees) arising from any and all claims, demands, damages or actions resulting from or related to (1) use of ShootDotEdit by Account Owner, User, or Account Owner's customers. (including, without limitation, any claim regarding use of ShootDotEdit by Account Owner in an infringing manner or any claim by third parties for breach of warranty, negligence, loss of data, libel, slander, unfair competition, trademark infringement, or invasion of privacy); (2) performance of ShootDotEdit; (3) Corruption or damage to the ShootDotEdit and system; (4) Customer's negligence or the acts (or any failure to act) of Customer hereunder; (5) any breach by Customer of the obligations of Customer hereunder; and (6) investigation or defense of any of the above or in asserting ShootDotEdit rights hereunder.
(2) TO THE EXTENT PERMISSIBLE BY LAW, SHOOTDOTEDIT DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. SHOOTDOTEDIT DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM SHOOTDOTEDIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED SITES.
L. SECURITY AND PASSWORD
The security of an Account Owner's personal information is important to us. ShootDotEdit follows and adheres to the generally accepted industry standards to help protect and guard personal information and data. For instance, when an Account Owner enters sensitive information (such as a credit card number) on our registration or order forms, ShootDotEdit encrypts that information using secure socket layer (SSL) technology. That said, there is no such method of transmission over the Internet, or method of electronic storage, that is 100% immune or protected or secure. Account Owner’s are solely responsible for maintaining the confidentiality of their password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. While ShootDotEdit strives to protect Account Owner and/or User personal information, ShootDotEdit cannot guarantee its absolute security and/or protection. Therefore, you must take steps to ensure that others do not gain access to your password and account.
In consideration of the above statements, the Account Owners hereby acknowledges and understands that all content uploaded to our site may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content according to our best practices and in line with your account preferences, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to ShootDotEdit, including but not limited to registration information, content, and account information.
Extra is FREE for all active and in good standing ShootDotEdit Account Owners. If you do not agree with and/or are not willing to abide by the Extra Terms and Conditions, please do not use the Extra service.
(1) OPT-IN REQUIRED
Extra requires that each Account Owner opt-in to use this service. An Account Owner may not use Extra without purposefully and willfully choosing to use this service. This opt-in requires the Account Owner to physically click the “Yes, I want Extra for Free” button inside their ShootDotEdit account preferences.
(2) MONTH TO MONTH
If at any point an Account Owner decides to either cancel and/or expire their account, Extra will be made available for a subscription of $99 per month. Although their Annual Plan service will be discontinued, all Extra privileges
(3) EXTRA EXPIRATION
Upon expiration of an Account Owner annual plan subscription, ShootDotEdit will provide up to 30 days for an Extra user to download, gather, and secure any/all content from our site. After these 30 days, ShootDotEdit has no obligation to provide Account Owner with a copy of any content whatsoever and ShootDotEdit may delete the Account Owner content permanently and forever.
(4) USE OF SMART PREVIEWS
Account owner gives ShootDotEdit permission to create any/all Extra Gallery’s using jpg images built from their Lightroom Catalog smart previews.
(5) MINIMUM PRICES
Extra charges zero commissions to the Account Owner. There is a minimum set price for each product. Extra was built to create profits for our photographers and these minimum prices are set to ensure this.
(6) PROFITS & PAYOUTS
ShootDotEdit will pay Account Owners profits as part of its fulfillment service which is called “Extra”. Profit payout will be based on profits generated from each fiscal month. ShootDotEdit will pay the Account Owner profits generated via Extra. Account Owner's will be paid via bank check. ShootDotEdit will distribute payments within (60) calendar days of each ending calendar month. Profits equal the total revenue created by the Account Owner’s Gallery Events less the print, shipping, handling, credit card processing, and tax fees/costs.
Notwithstanding the preceding paragraph, ShootDotEdit shall have the right to withhold payouts pending investigation of suspicious account activity and to refuse or defer payment for its own protection or for an offset of Account Owner’s obligations to ShootDotEdit (including the payment of any ShootDotEdit service or services) or where ShootDotEdit considers account activity to be in violation of any of its Terms of Service.
(7) DIGITAL IMAGE STORAGE
For Account Owners who opt-in and abide by the Terms and Conditions associated with Extra, ShootDotEdit offers free photo storage. Account Owner must abide by the Extra marketing agreement. Account Owner’s subscription must have an Active status.
We may modify, suspend or discontinue any of the site and/or service features attached to the accounts at any time at our sole discretion and without prior notice. ShootDotEdit resizes the images you upload for displaying and for client download purposes. You take full responsibility for using the features offered by ShootDotEdit and you hereby expressly and irrevocably release and forever discharge ShootDotEdit from any actions, suits, losses, or liabilities arising directly or indirectly out of your use of the site and its features and Services.
(9) SELLING PRINTS, DIGITAL IMAGES, AND OTHER PRODUCTS
You may sell prints and other products through your gallery hosted by ShootDotEdit. If you choose the lab fulfillment option, you acknowledge that the printing of any photos and products is performed by our partner vendors and ShootDotEdit is merely assisting in the order process. You agree to pay the appropriate transaction, minimum product fee, discounts, as well as the credit card processing fees charged by third party payment service provides on which the subtotal of every purchase is associated with your Account Owner gallery’s. ShootDotEdit is not responsible for resolving any disputes arising from these statements between you and any other parties.
While using our lab-fulfillment, you agree to the Terms of Sale, Return/Exchange Policy set out by ShootDotEdit as follows. You shall be fully responsible for ensuring your images have the sufficient resolution, and are in the current settings for the products you set up to sell. ShootDotEdit and its Print Vendors are not responsible for any cost or losses resulting from incorrect resolution or settings of the images. You are fully responsible for setting up tax rules, and collecting and remitting the appropriate sales tax in your jurisdiction. You are responsible for dealing with any disputes, cancellation/refund, and exchange of orders.
If you choose to sell digital downloads, ShootDotEdit provides no warranties for digital image licenses and is not liable for any dispute arising out of any digital image license agreement. ShootDotEdit is also not responsible for enforcing any digital image license agreement.
(10) PRINT AND DIGITAL FILE RETURNS AND REFUNDS
All prints and other products purchased by users are non-refundable and non-exchangeable. If the prints or products a user receives is physically defective, the Account Owner is responsible for contacting the lab partner chosen within thirty (30) days of the user’s purchase date, and work out the necessary arrangements for either a refund or a replacement. The right to return any order within thirty (30) days to the Account Owner by the user is the user’s sole and exclusive remedy, and ShootDotEdit expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.
VIII. USER TERMS AND CONDITIONS
A. TERMS OF SALE
The Terms of Sale is applicable to the purchase of any print, product, and/or digital image(s) through the site and fulfilled by our lab integration partners. In the event of any conflict between these Terms of Sale and our Terms of Service, the ShootDotEdit Terms of Sale will prevail. These Terms of Sale may not be altered or amended in any way, and all sales are expressly conditioned upon your agreement to these Terms of Sale.
USER is responsible for all fees associated with shipping, handling, packaging, and/or taxes that are required in relation to each unique purchase of the products.
B. SHIPPING TIMES AND VENDORS
ShootDotEdit lab partners will use reasonable efforts to ship all orders within the estimated delivery time applicable to the method of shipping you have chosen at time of order. ShootDotEdit and/or the lab partner reserve the right to substitute another shipping vendor to deliver the order. ShootDotEdit is not responsible for any delays in shipping and other costs that may arise from the delay.
C. EXCHANGES AND REFUNDS
All prints and other products purchased are non-refundable and non-exchangeable. If the prints or products you received is physically defective, you are responsible for contacting the gallery Account Owner within thirty (30) days of your receipt of the products, and work out the necessary arrangements for either a refund or a replacement. The foregoing right to return any order within thirty (30) days to your photographer is your sole and exclusive remedy, and ShootDotEdit expressly disclaims and excludes all warranties, expressed or implied, regarding the purchase of any products.
D. ACCURACY OF PRODUCTION DESCRIPTIONS
ShootDotEdit will always do its best to publish accurate content in the product options, however we do not warrant that the product descriptions, photos and pricing are accurate, complete, reliable, current or error-free. All size dimensions are approximate, we make reasonable efforts to accurately showcase all details of the product offerings, the applicable crop (in the case that the product needs cropping to fit the selected sizes), please note that the actual color or crop you will see might be different. ShootDotEdit lab partners reserve the right to format manipulate or modify the image as may be required to satisfy a particular order. In the event of an error, we reserve the right to correct such error and charge the correct price or cancel your order.
You acknowledge that ShootDotEdit provides no warranties for any digital product license and you are entering into the license agreement with the Account Owner. ShootDotEdit is not responsible for enforcing the agreement nor resolving any disputes.
E. PAYMENT BY CREDIT CARD
User shall use a credit card to pay for ShootDotEdit any/all site services. When user provides credit card information to ShootDotEdit, user represents and warrants to ShootDotEdit that user is the authorized holder of the credit card that is used to pay for ShootDotEdit services and/or other fees. With respect to both Annual Plans, services, and/or product offering, the user agrees and confirms that ShootDotEdit is authorized to charge the credit card provided.
F. SECURITY AND PASSWORD
The security of a User's personal information is important to us. ShootDotEdit follows and adheres to the generally accepted industry standards to help protect and guard personal information and data. For instance, when a User enters sensitive information (such as a credit card number) on our registration or order forms, ShootDotEdit encrypts that information using secure socket layer (SSL) technology. That said, there is no such method of transmission over the Internet, or method of electronic storage, that is 100% immune or protected or secure. A User is solely responsible for maintaining the confidentiality of their password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. While ShootDotEdit strives to protect a User’s information, ShootDotEdit cannot guarantee its absolute security and/or protection. Therefore, you must take steps to ensure that others do not gain access to your password and account.
In consideration of the above statements, you hereby acknowledge and understand that all content you upload to the platform may become accessible to the public, and it may be used, downloaded, linked to, and archived by others, and may appear on other websites and in search engine results. We will take all reasonable effort to protect your account, privacy and content according to our best practices and in line with your account preferences, however we cannot guarantee absolute security of your account and all the content you have provided. We cannot guarantee that our security measures will prevent any third party, or hackers from illegally gaining access to your account and content, and we assume no responsibility for any illegal access of your account and content as a result. You accept all risks of any unauthorized access to all information you provide to ShootDotEdit, including but not limited to registration information, content, and account information.
IX. ENTIRE AGREEMENT
These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
Our site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ShootDotEdit 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 ShootDotEdit 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.
B. LIMITATIONS OF DAMAGES AND LIABILITY
ShootDotEdit shall not be liable to Account Owner in connection with or relating to these Terms of Service, the selected system, ShootDotEdit, and any transactions involving ShootDotEdit for any direct, indirect, lost profits, consequential, special, exemplary, incidental or punitive damages, regardless of the form of action, whether in contract or in tort, including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss, breach of warranty and negligence, regardless of whether ShootDotEdit has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable. Notwithstanding anything to the contrary, the liability of ShootDotEdit for any reason and for any cause of action whatsoever in connection with or relating to these Terms of Service, the selected system, ShootDotEdit and any transactions involving ShootDotEdit shall be limited to and not exceed the amount paid by the active Account Owner for subscription payments within the last six months (excluding any products ordered through the site or any other fees associated with those orders).
C. CHOICE OF LAW
You, the Account Owner, agree that these terms of service are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of San Diego, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: firstname.lastname@example.org.
D. SITE REPURPOSE
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
You understand and agree that ShootDotEdit may assign its rights under these Terms and Conditions. You understand and agree that Your personal information may be transferred to the succeeding entity. You may not subcontract, assign, or otherwise delegate Your obligations under this Agreement without the prior written consent of ShootDotEdit.
F. FORCE MAJEURE
ShootDotEdit shall not be liable for any failure by ShootDotEdit to perform its obligations under this Agreement because of circumstances beyond the reasonable control of ShootDotEdit, which such circumstances shall include (without limitation) natural disaster, terrorism, riot, sabotage, labor disputes, war, any acts or omissions of any government, governmental authority or third party, declarations of governments, transportation delays, power failure, computer failure, web server failure, telecommunications failure, Third Party Technology, failure of Account Owner to cooperate with the reasonable requests of ShootDotEdit, misuse of the selected system or ShootDotEdit by Account Owner or third party, breach of this Agreement by ShootDotEdit or a third party and any other events reasonably beyond the control of ShootDotEdit.
G. FINAL ACCEPTANCE OF USER AND TERMS
You acknowledge and agree to these Terms of Service and that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of ShootDotEdit, LLC. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the content appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of ShootDotEdit.
H. CONTACT INFORMATION
Except as explicitly noted on this site, the services available through this site are provided by ShootDotEdit. If you notice that any user is violating these Terms of Service, please contact us at email@example.com.