By accessing or using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.
To create or use a ShootProof account, you must be over 13 years of age. You must be over 18 years of age to use ShootProof Payments. You must provide us true, accurate, current and complete information about yourself when you create your ShootProof account. If the information you provide is untrue, inaccurate, incomplete or outdated, or we have reasonable grounds to suspect it is, we reserve the right to suspend or terminate the Services. You may only have one registered free ShootProof account at any given time. If we determine that you have multiple ShootProof accounts or are otherwise not in compliance with these Terms, we may close your ShootProof accounts and delete all photographs in the accounts. If there is a mitigating circumstance requiring you to have multiple ShootProof accounts, please obtain written permission from ShootProof prior to uploading any Content.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with ShootProof or a third-party service. You agree not to disclose your password to any third party. ShootProof cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify ShootProof immediately upon becoming aware of any breach of security or unauthorized use of your ShootProof account.
You may sell Products (defined below) through the Services by using ShootProof Pay (our payment processing service) (“Seller”). ShootProof Pay is only available to U.S. residents. If you intend to use ShootProof Pay as a Seller, you are required to agree to our Seller Agreement located at https://shootproof.com/legal/seller-agreement-stripe, which governs your use of the payment processing services. The applicable fees and charges for ShootProof Pay and electronic bank transfers are listed on our fee schedule at https://shootproof.com/legal/shootproof-pay-fee-schedule, which may be update by us from time to time. The Seller Agreement contains additional terms governing Seller’s ShootProof Account and sales. If you are a Seller and fail to abide by our Seller Agreement we may suspend or deactivate your ShootProof account.
Sellers that were previously utilizing the Legacy ShootProof Payments platform that have not yet migrated to ShootProof Pay will continue to be governed by the previous seller agreement located at: https://www.shootproof.com/legal/seller-agreement. The applicable fee schedule can be found at: https://help.shootproof.com/hc/en-us/articles/115008322108.
You may access the Services by a free plan or paid subscription plan. As of March 16, 2022, ShootProof has added a new set of subscription plans for new subscribers (“New Subscription Plan”). If you are already a subscriber prior to March 16, 2022, then you are on ShootProof’s “Classic Subscription Plan”.
Subscription plans, whether free or paid, may be changed by you at any time. If you choose to upgrade your paid subscription (either Classic or New), we will prorate the subscription fee for the remaining balance of your paid subscription, and deduct that amount from the fee for the new paid subscription. You will be charged for the new paid subscription at the time of upgrade, and it will reset your subscription period. If you choose to downgrade your paid subscription plan (either Classic or New), we will prorate the subscription fee for the remaining balance of your paid subscription, and issue a credit for that amount to be applied against the fee for the new paid subscription until the credit is used in full. You will be charged and credited for the new Paid Subscription at the time of downgrade, and it will reset your subscription period.
You may archive and store digital photos using the Services for a fee. Archive Services are paid for in arrears upon the end of each billing cycle. Archive Services renew automatically at the end of each billing cycle unless (i) you fail to pay for any past Archive Services, (ii) all archived photos are deleted or moved back to un-archived status by you prior to renewal, or (iii) you cancel your Archive Services by delivering written notification of your wish to discontinue your Archive Services to email@example.com no less than three (3) calendar days prior to the end of your billing cycle. Fees for the Archive services will be prorated based on the amount of storage utilized by the archived photos during a billing cycle. There is a $1.00 USD minimum fee for the Archive Services per billing cycle.
We will not provide refunds of subscription fees that you have already paid to us whether as a result of a change of your paid subscription or termination of your paid subscription.
ShootProof Print Store enables your customers to purchase personalized products using your professional gallery images sold on Collage.com.
You agree not to misuse the Services. For example, you agree not to, directly or indirectly do or attempt to do any of the following:
You understand and agree that upload and download of any Content through the Services are done at your own discretion and risk. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content, including copyright laws and data privacy laws. We reserve the right to immediately suspend or terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services.
You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, or the use or possession of Services, or any software or other product provided under these Terms, excluding any taxes based on net income payable by ShootProof. If you are exempt from paying any sales, use or other taxes, you must provide ShootProof with appropriate evidence of tax exemption for all relevant jurisdictions.
ShootProof may provide certain downloadable client software applications (the “Software”) for use in connection with the Services. The license being granted to you hereunder does not constitute a sale of the Software or any copy thereof, and as between ShootProof and you, ShootProof retains all right, title, and interest in the Software.
All rights, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ShootProof and its licensors. The Services are protected by copyright, trademark, trade secret, and other laws. ShootProof.com, ShootProof, and the ShootProof logo and other marks are trademarks of ShootProof. No portion of the Services may be reprinted, republished, modified, or distributed in any form without the express written permission of ShootProof. Any feedback, comments, or suggestions you provide regarding ShootProof, or the Services is entirely voluntary. Feedbacks are our exclusive property and we may use such feedback, comments or suggestions for any purpose, including but not limited to: (a) improve our Services; (b) develop new products and or features; and/or (c) market and promote our Services.
If (i) you are established in the European Economic Area (“EEA"); (ii) you provide goods or services to individuals in the EEA; or (iii) you are otherwise subject to the requirements of the EU General Data Protection Regulation (“GDPR”), and ShootProof acts or will act as a data processor of personal data on your behalf under the GDPR, then you agree to enter into our EEA Data Processing Addendum (https://studio.shootproof.com/v3/dpa/new).
If you provide goods or services to individuals in the State of California or are otherwise subject to the requirements of the California Consumer Privacy Act of 2018 (“CCPA”), ShootProof acts as a Service Provider to you with respect to your customer or user’s personal information. By accessing and using the Services, you agree to enter into our California Data Processing Addendum http://www.shootproof.com/legal/california-data-processing-addendum.
These Terms will continue to apply to you until the termination or expiration of your use of the Services. ShootProof may terminate or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services or non-compliance with the Terms. Upon termination, any Content you have stored on the Services may no longer be retrieved, so you should make a backup copy of any such Content on a regular basis and before terminating your plan. If you or ShootProof terminate the Terms, or if ShootProof suspends your access to the Services, you agree that ShootProof shall have no liability or responsibility to you and ShootProof will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ShootProof or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked, containing the following information:
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.copyright.gov for more details. Notices and counter-notices with respect to our websites should be sent to email: firstname.lastname@example.org or written form to: ShootProof Attn: Copyright Compliance 600 Galleria Pkwy, Suite 1460, Atlanta, GA 30339.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Nothing contained herein shall be construed as legal advice and it is not intended as legal advice.
Nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between ShootProof and you. Nothing expressed or mentioned in or implied from these Terms are intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms.
The Services may provide links to third-party sites or provide content from third party sites that are not owned or controlled by ShootProof. These Terms do not apply to any third party websites or their practices. It is your responsibility to become familiar with each third party site's privacy and other policies and Terms, and to contact that site's webmaster or site administrator with any concerns. You agree that ShootProof is not responsible for any loss or damage in your dealings with such third party sites.
You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
You agree to indemnify, defend, and hold ShootProof and its licensees, licensors, and third party service providers (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all losses, liabilities, damages, claims, costs, losses, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, the Seller Agreement, applicable law, rule or regulation.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHOOTPROOF AND ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOOTPROOF, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR LOSS OF CONFIDENTIAL INFORMATION, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SHOOTPROOF BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR SHOOTPROOF ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHOOTPROOF, ITS PROCESSORS, SERVICE PROVIDERS, SUPPLIERS, AND LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. SHOOTPROOF, ITS PROCESSORS, SERVICE PROVIDERS, AGENTS, SUPPLIERS, OR LICENSORS (AND EACH OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY SHOOTPROOF IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SHOOTPROOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ShootProof is not responsible for any unavailability or delay caused by circumstances beyond its control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, act of terror, pandemics, strikes or other labor problems, internet service provider failures or delays. ShootProof shall be excused from any further performance and observances of the obligations so affected only for so long as such circumstances prevail and ShootProof sues commercially reasonable efforts to recommence performance or observance as soon as practicable.
These Terms shall be governed by Georgia law, without regard to its choice of law or conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
These Terms with any amendments and any additional agreements you may enter into with ShootProof constitute the entire agreement between the parties with respect to the Service, and supersede any previous agreements and understandings. In the event of a conflict between these Terms and the Seller Agreement, the Seller Agreement shall prevail. In the event of conflict between any other ShootProof agreement or policy (“Additional Terms”), these Terms shall prevail.
ShootProof reserves the right to amend these Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services, with notice that we deem, in our sole discretion, to be reasonable according to the circumstances. Notice may include notice on our website at ShootProof.com or to the email associated with your ShootProof account. Any use of our Services after publication of any such change shall constitute your acceptance of these Terms as modified. If you do not agree to, or cannot comply with, the Terms as amended, you must stop using the Services and notify ShootProof.
The parties intend every provision of these Terms to be severable. If any part of these Terms is not enforceable, the remaining provisions shall remain valid and enforceable. In such case, the parties will in good faith modify or substitute a provision consistent with their original intent. If any remedy fails of its essential purpose, then all other provisions, including the limitations on liability and exclusion of damages, will remain fully effective.
Except for cancellation of your subscription plan, any other notice or demand shall be in writing and addressed to the respective parties, as follows:
If to ShootProof: Except as otherwise provided herein, notice shall be made by registered or certified mail, ShootProof 3101 Cobb Parkway, Suite: 124, Atlanta, GA 30339, Attn: CEO and Legal Department.
If to You: ShootProof may give notice by means of a general notice on the Services, electronic mail to your email address in your ShootProof account, telephone or text message to any phone number provided in connection with your ShootProof account, or by written communication sent by first class, registered, or certified mail, to any address connected with your ShootProof account.