By using this site in any manner, you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded. This agreement applies to you and, if you are using this web site on your client`s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed. Your use of the site will be subject to the most current version posted on the site at the time of your use. Where Shoot has provided you with a translation of the English language version of the page or site`s functionalities, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Shoot. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence. This site is owned and operated by Shoot Ltd. All images (Images) and related informational materials in any medium provided by Shoot hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Shoot and by our image providers (photographers), members of our community. All Images are protected by UK and international copyright laws.
Shoot reserves the right to revoke your authorization to view, upload, download and use the Images and information available on this site at any time, and you agree to immediately discontinue such use upon written notice from Shoot. All rights not specifically granted under this Agreement are reserved to Shoot. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.
Shoot may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Shoot. Shoot may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Shoot or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
Shoot makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the UK and international market. While the responsibility for the images uploaded is entirely on the photographer`s side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements. If you have found a file that represents such an infringement please notify us at email@example.com, in order that we may take the appropriate measures.
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:
- Shoot provides access to an online service comprising information and materials created and posted by You, Photographers and other users.
- Any review of uploaded Images that may be performed by Shoot before making such Images available to the public is cursory and only intended to identify immediately obvious violations of these Terms. Accordingly, and despite any such gate keeping, the Photographer booking a service or uploading an Image shall be deemed the party at whose direction that Image resides on Shoot’s servers.
- Shoot has never directed, and never will direct, its users to upload Images that infringe upon any right belonging to a third party. Uploading Images that infringe on third-party rights constitutes a direct and material violation of these express Terms and will subject the uploading Photographer’s account to suspension and/or termination, where appropriate.
- Shoot correctly presumes that the Photographer uploading an Image is the sole holder of all exclusive rights to that Image, except where the Image alone bears some obvious indication to the contrary, such as a visible proprietary marking identifying a Person other than the Photographer as the exclusive rights holder.
- Where an Image has no obvious proprietary marking that indicates an exclusive owner, Shoot cannot be deemed to have actual knowledge that the Image infringes upon any third party’s rights.
- By booking a Service and retaining a portion of Customer payment, Shoot does not derive a direct financial benefit from any particular Image. Shoot’s only direct financial benefit comes from operating its Website, which allows Photographers to market their Images to potential Customers. Photographers are the only parties receiving a direct financial benefit from their creation and uploading of Images on our site.
- Shoot has no right or ability to control the activities of Photographers who create and upload images to the Website. In the event that a Photographer infringes upon a third party’s rights by creating or uploading an image, that Photographer is the sole responsible party for such infringement, and Shoot has no control over such activity.
- Apart from identifying an obvious proprietary marking in an Image that indicates an exclusive owner, Shoot has no other ability to determine whether the rights appurtenant to a particular Image may belong to a party other than the uploading Photographer. As its only other means of identifying Images that may infringe upon a third party’s rights, Shoot relies entirely on properly presented notifications from third parties claiming that their rights have been violated.
Images include without limitation all digital images and any related textual information (including captions and credits). Images include, without limitation, visibly or electronically watermarked, reduced resolution Images or higher resolution non-watermarked Images. Images taken at Your Event and paid for by You are called Event Images. The Photographer may not use or distribute your Event Images without Your written consent. Images displayed on this site as samples of a Photographer’s work (Sample Images) are owned solely by the Photographer or Shoot, as the case may be, and You have no rights to use or distribute them. You may not use any Sample Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Through using this site, neither Shoot nor Photographers grant you any rights to Sample Images, and you may not distribute, sublicense or make available for use or distribution any Sample Image. Registering For A Shoot Account
You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Shoot of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Services booked or Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Shoot of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Shoot account or web site or related services. At anytime, you may request your account access to be restricted, but Shoot reserves the right to delay your request until all requirements of this Agreement are met. Only accounts without any activity related to the site`s services or products, can be permanently deleted. Accounts with activity will be blocked and archived on our servers for further reference. Access to these accounts is limited and provided only to a part of the Shoot admin staff, for legal purposes.
None of our Sample Images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Shoot`s separate written consent. Unauthorized Use
Without limitation, Images may not be used for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Shoot to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Shoot`s rights or remedies in connection with any unauthorized use. Credit Line Requirements
All Sample Images used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. Sensitive Subjects
Shoot does not give You a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Shoot`s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image. You must contact Shoot for additional information prior to any use of an Image with any sensitive topic.
Each photographer that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release. Shoot will not be held responsible for any of the materials you upload to the site. Model and Property Releases/Clearances With respect to Images, the rights that Shoot grant to you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. Shoot makes no representations or warranties that it owns or licenses any rights nor does Shoot grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Furthermore, Shoot makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Shoot. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel. With respect to Images you upload as a Photographer, where such Images depict one or more individuals, a model release document must be uploaded confirming that the individuals included in your Image have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate. Shoot prefers that Photographers provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Image. Recognizing that many of Shoot`s contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, Shoot has determined to accept, under certain circumstances, e-signed release documents from certain qualifying Photographers. Acceptance by Shoot of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. Shoot reserves the right to refuse e-signed releases, whether for a particular Image or from a particular user, for any reason. If you are qualified to submit e-signed releases to Shoot, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all legal requirements; (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Images portraying the same individual, which Images were captured on different calendar days; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If Shoot authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to Shoot for as long as the associated Image is displayed by Shoot and for a period of three (3) years following the Image`s removal from Shoot. You further agree to provide Shoot with additional copies of any e-signed release upon request. If an Image is designated as model-released, it means the Photographer posting such Image has represented to Shoot that the depicted individual(s) has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that Shoot is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Image. If Shoot incorrectly indicates that an Image is model-released when it is not, Shoot`s liability shall be limited to the amount you paid Shoot for the use of the Image. If an Image depicts an individual and you use such Image in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Image is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Image depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through Shoot is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Shoot with proof of such releases and permissions upon request. Shoot Trademarks
The trademarks, services and logos used and displayed in Shoot.com are registered and unregistered trademarks of Shoot.com its subsidiaries and affiliates. Shoot.com trademarks may only be used publicly with the permission of Shoot Ltd. with proper acknowledgement. Except as expressly granted Shoot Ltd. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information. Indemnification
You agree to indemnify, defend, and hold harmless Shoot and its affiliates and representatives against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.
SHOOT PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER SHOOT NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL SHOOT`S OR ITS AFFILIATES` LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE. Copyright
The Photographer acknowledges that Shoot prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at Shoot.com.
By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on Shoot`s servers. Shoot reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.
The Photographer hereby grants Shoot a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels.
The Parties agree that all copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned in a written agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by Shoot or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While Shoot acknowledges that its policy is to provide the Photographer with certain payments whenever a job is completed and all Event Image are uploaded by the Photographer, the parties agree that Shoot may amend such policy from time to time, as reasonable business objectives may require. Currently, each photographer may request to be paid for his/her balance on Shoot.com and Shoot is obligated to pay via check or similar means, once the Photographer has submitted a payment request via website.
Shoot is entitled to carefully analyze all details and logs of the photographer and his/her uploads/sales on the website. If any suspicion exists, Shoot has the right to delay the payment request until all details are cleared or to refuse the payment.
The Photographer is entitled to disable file(s) from his portfolio by using the appropriate section of Shoot.com. Once disabled the files are to be removed from all public pages of the site in maximum 24 hours. Shoot is entitled to keep an offline copy of the files if and for as long as it needs to investigate any claims. After this, Shoot shall erase all files.
The Photographer agrees that neither Shoot nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.
Shoot may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Shoot`s site, send Shoot a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Shoot site; (iv) information sufficient to permit Shoot to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner`s behalf.
If you believe Shoot or a Photographer infringes on your copyright please contact Shoot at firstname.lastname@example.org. Photographers
You agree and acknowledge that nothing in this Agreement constitutes an employment or agency relationship between you with Shoot. Your hereby represent that:
- All information submitted in your application form is true and correct. It is your sole responsibility to update such information so it remains true and correct at all times.
- You are the sole author of the images submitted.
- You have submitted model releases for all persons depicted on any Images you upload with Shoot service and such releases comply with all applicable laws.
- You are older than 18 years old.
- The image of yourself submitted with your application form is in fact your photograph.