Terms of Use

Effective: October 18, 2012

Welcome to ShootProof.com. This website is owned and operated by ShootProof, a division of Blended Bits, LLC ("ShootProof"). The following terms and conditions (including ShootProof.com's Privacy Policy) apply to your use of our website. The use of ShootProof.com is subject to compliance with the terms and conditions set forth in our Terms of Use (including the ShootProof.com Privacy Policy). Your continued use of this website will indicate that you agree not to use this website for any purpose that is unlawful or prohibited by these Terms of Use. The site services and the content available through the site services are the property of ShootProof. You may access and use the content, but you are not permitted to print any images or content from the site. You acknowledge that you do not acquire any ownership rights by using the site services.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. It is your sole responsibility to maintain current knowledge of the Terms of Use. If you do not agree to be bound by the Terms of Use, please promptly discontinue use of this website.

Definitions

Blended Bits, LLC and ShootProof.com will from here on be referred to as "ShootProof”. All pages within this website and any material made available for download will from here on be referred to as the "Website." The term "Visitor" will here on refer to anyone accessing the Website. "You" and "Your" will from here on refer to any Visitor of the ShootProof website. The term "Photographer" refers to Visitors who pay a fee to subscribe to this Website in order to upload and/or sell photographs or products via ShootProof. The term "Purchaser" refers to any Visitor of ShootProof purchasing photographs or products via ShootProof.

Accounts

ShootProof is an online subscription service where Visitors can browse, exhibit, organize, store, sell, exchange, share and purchase photographs. It is a showcase for digital images that have been taken and/or created by Photographers and presented for viewing or acquisition by Visitors. You must be over 13 years of age in order to open an account with ShootProof. By continuing use of the Website, you certify that you are at least 13 years of age. If you are a Photographer, you must register with ShootProof by supplying us with true, accurate, current and complete information about yourself, as required on the registration page. 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 your privileges, and to prohibit your current or future use of the Website services. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy. Photographers or a photography studio may only have one registered free account at any given time. Multiple accounts held by a single photographer or studio may be closed and all photos deleted. If there is a mitigating circumstance requiring your studio to have multiple accounts, please obtain written permission from ShootProof prior to uploading your photos.

Unless otherwise instructed, ShootProof will renew each Photographer's subscription automatically at the end of each billing period. Photographers must notify ShootProof in writing at: support(at)shootproof.com of their wishes to discontinue service no less than 5 calendar days prior to the end of a billing period; otherwise ShootProof reserves the right to renew Photographers' subscriptions and charge Photographers accordingly. In the event that Photographer's account becomes delinquent and ShootProof is not able to collect amounts owed, ShootProof reserves the right to remove photographs from the Photographer’s account and discontinue placement of orders from the Photographer's account until the account is brought current. ShootProof reserves the right to terminate delinquent accounts at ShootProof's discretion. Nothing in the Photographer Terms of Use shall limit ShootProof's right to pursue all remedies allowed by law to collect on delinquent accounts. For cancellations made any time in the middle of a billing cycle, your plan will be terminated at the end of the billing cycle and no further payment will be drafted or billed. No prorated refunds will be given.

No cash refunds will be given for cancellation or change in plan. No refunds will be given after 120 days of the charge for any reason. Photographer plans may be changed at any time during the billing cycle. Changing plans will reset the photographers billing cycle. Upgraded plans resulting in a higher fee will result in a charge of the prorated amount of the upgraded plan. Downgraded plans, including plans downgraded to a free plan, will result in a credit for the prorated amount of the remaining billing cycle being applied to the photographer's account. This credit will be applied to the next billing cycle with a billing balance.

Upon cancellation, any content you have stored on the Website 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. We will not be held liable for any loss of content.

ShootProof reserves the right to prohibit access of any Visitor for any reason. ShootProof may terminate any Photographer's subscription and/or access to and use of the Photographer Services, with or without cause at any time at the sole discretion of ShootProof, for any reason. If a Photographer violates the Photographer Terms of Use, the Photographer's subscription and/or access to and use of ShootProof Services may be terminated without notice. Violation of the Conditions listed in this agreement may prompt ShootProof to take any necessary action that ShootProof deems appropriate to enforce its right including but not limited to the institution of legal proceedings.

Archived photos will be stored at a cost of $0.10 per Gigabyte per month and will be automatically renewed each month until cancellation request is submitted in writing to ShootProof, the photos are deleted from the archived event by the photographer, or the photos and associated event(s) are moved back to un-archived status by the Photographer in their ShootProof account. There is a $1.00 minimum total charge (the combined total of the plan charges and archiving fees) per billing cycle for all accounts with a balance. Archived photos are redundantly stored on multiple hard-drives in the cloud to ensure maximum photo protection. The storage system used by ShootProof stores photos in such a way that it is 400 times more reliable than a typical hard-drive, though we do not provide a guarantee against the loss of images.

Referrals

Our current referral program allows photographers to earn bonus photo credits for new photographers referred to ShootProof's services. For a referral credit to be given, a photographer signing up for the first time to ShootProof must enter another photographer's username in the referral code field or follow the unique referral link from that photographer's studio control panel. Upon completion of signup by the new photographer, both the referring and new photographer will receive 10 bonus photos that are added to the total value of the photographer's plan. Upon successful payment of the first billing cycle of the new photographer, the referring and new photographer will receive an additional 40 bonus photos. Bonus photos stay with the photographers for the life of the account and do transfer between plans. Bonus photos are non-transferrable and have no cash value. Any questions regarding the application of the referral credit can be directed to us via our contact form.

Promotional Codes

Promotional codes will occasionally be available for photographers in the form of a discount or ShootProof credit. Promo codes are only valid for new user signups and code must be entered upon account creation. Promo codes for a set number of months will be applied upon each billing cycle. If a billing cycle is reset during the promo period by a change in plan, even to a free plan, the discount will be applied to each billing cycle and counted as one month. All credits and discounts are non-refundable and have no cash value.

Photographer Agreements

By transmitting images or any other media to ShootProof, Photographers grant ShootProof a nonexclusive right to use, reproduce, transmit, publicly display, and distribute the images or other media as deemed appropriate by ShootProof for the sole purpose of providing the Photographer Services. All other rights in transmitted images or media, including copyright, remain with the Photographer.

Each Photographer understands and agrees that ShootProof may keep backup copies of any images, information, or media transmitted by Photographer to ShootProof.

Photographers can use ShootProof Partner Labs to fulfill products sold through their ShootProof account and or self-fulfill orders with the lab of their choice outside of ShootProof. With the exception of the use of ShootProof Partner Labs, Photographers shall be solely responsible for processing orders placed for fulfillment by Purchasers. It is the Photographers' responsibility to fulfill Purchaser's orders placed for fulfillment by Photographer within a reasonable time of the placement of the order. ShootProof shall notify the Photographer electronically of all orders placed within 24 hours. Purchasers pay Photographers directly for orders placed for fulfillment by Photographers. Photographers shall be solely responsible for all aspects of the orders placed for fulfillment by Photographer.

Each Photographer is responsible for any and all activity that occurs under the Photographer's user name or account. Each Photographer is responsible for obtaining permission and proper release documentation from any person whose image is posted by the Photographer on ShootProof. ShootProof reserves the right to censor and delete any images deemed by ShootProof, in its sole judgment, to be obtained without a proper release.

Lab Fulfillment Charges and ShootProof Payments

The cost for each ShootProof Partner Lab fulfilled item will be visible in the Photographers ShootProof price sheet and the Photographer will have the ability to sell each item for any price that they choose. Based on the relationship between ShootProof and ShootProofs Partner Labs, ShootProof reserves the right to adjust the price of lab items at any time with reasonable notice to Photographers. It is the Photographers sole responsibility to adjust their own prices for each item in their price sheet(s) for sale to their Purchasers. When a ShootProof Partner Lab is used to fulfill an order, the Photographer will be responsible for payment of the lab cost and any associated shipping for each order. The total lab cost (lab items and shipping) as noted in the Photographers ShootProof price sheet will be deducted by ShootProof from the total collected in each Purchasers order for lab orders. This amount will only be deducted from the Photographers account when the order has been confirmed by the Photographer to be sent to the lab based on selecting 'Send to Lab' on the order page after review or based on the Photographers settings for lab order submissions and approval. In the event that there is not enough money collected from the Purchaser to cover the total lab cost, the Photographer will be charged for the difference in the amount collected from the Purchaser upon confirmation of the total lab order cost in the order approval and submission to lab workflow. In this scenario, ShootProof will first attempt to use available profits from the Photographers ShootProof Payments account to pay for the balance. If there are not enough funds in the ShootProof Payments available balance to cover the total lab cost, ShootProof will run the Photographers Credit Card that is on file for the total lab cost plus a credit card processing fee of 2.9% + $0.30. In either case, the charge will be visible to the Photographer in detail prior to confirming the order and submitting it to the lab which will trigger the actual charge. Any credit cards run through ShootProof Payments where ShootProof is used as the Payment Gateway for your account will incur a credit card processing fee of 2.9% plus $0.30.

ShootProof will provide, as part of its fulfillment services, an account where payments to Photographers Purchasers will be held. ShootProof will pay out available account balances to Photographers via electronic bank transfer (ACH) upon request. The fee for each electronic bank transfer request is $0.25. Any returned ACH bank transfers due to incorrect bank account information provided to ShootProof will result in a $15.00 ACH return fee to the Photographer. Notwithstanding the previous sentences, ShootProof 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 Photographer's obligations to ShootProof where ShootProof considers account activity to be in bad faith or illegal. Photographers may be charged a $15 fee for any chargebacks resulting from formal disputes from the Photographers Purchasers at the discretion of ShootProof and ShootProof's Merchant Service Provider; in this case, ShootProof will make reasonable effort to investigate and dispute any chargeback complaints with ShootProof's Merchant Service Provider prior to any charge to the Photographer. If a chargeback credit is issued to the Purchaser, the Photographer will be charged for the Purchaser credit amount in addition to the $15 fee. Written communication regarding order disputes will be in email form from ShootProof to the studio email address on file within the Photographer's ShootProof account.

ShootProof reserves the right to pay out all or some ShootProof Payments account balances at the end of every calendar year, at the sole discretion of ShootProof.

Product Return Policy

If you receive a product from ShootProof and you are unsatisfied with the item because there is a defect of any kind, ShootProof will have the item reprinted at no charge to you. In many cases ShootProof will even cover the shipping charge for the reprinted item. Contact Support(at)ShootProof.com with your order number for detailed instructions.

No Employment Relationship

Nothing in this agreement is intended to, or should be construed to, create a partnership, agency, joint venture, or employment relationship between ShootProof and Photographer. Photographers are not entitled to any of the benefits which ShootProof may make available to its employees. Photographers are not authorized to make any representation, contract or commitment on behalf of ShootProof without prior written authorization to do so by an officer of ShootProof. Photographer shall be solely responsible for, and will file, as required by law, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Conditions of this agreement. Photographer shall be solely liable for any failure to pay applicable taxes. ShootProof will not withhold any part of Photographers' compensation for the payment of any social security, federal, state or any other employee payroll taxes. ShootProof will report amounts paid to Photographers by filing appropriate forms with the Internal Revenue Service as required by law for independent contractors.

Assignability

You understand and agree that ShootProof may assign the rights and conditions under this agreement. 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 the conditions set forth in this agreement without ShootProof's prior written consent.

Photographs

All of the photographs featured on our Website were created by photographers who have provided them to ShootProof for sale and distribution. The copyrights in the photographs are owned by the photographers thereof who have licensed to ShootProof the right to post them on the site and provide the services offered.

You may not post or obtain any content using the Website which: (a) is unlawful, harmful, threatening, harassing, derogatory, defamatory, obscene, vulgar, pornographic, profane, invasive of another's privacy, or any other material that could give rise to any civil or criminal liability under applicable law or is deemed objectionable at the sole discretion of ShootProof; (b) you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (c) infringes any trademark, trade secret, copyright or other proprietary rights of any party; (d) harms minors in any way, including, but not limited to, Content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (e) forges headers or otherwise manipulates identifiers in order to disguise the origin of any Content transmitted through the Website; (f) falsely states or otherwise misrepresents your affiliation with any person or entity; (g) is unsolicited commercial email or "spam" or is used for the purpose of engaging in any practice that is in any way connected with "spam" (h) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware; or (i) exceeds the scope of the Services you have signed up for.

While ShootProof does not and cannot review all content provided to it, and is not responsible for such content, ShootProof reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems objectionable, in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by ShootProof for the purposes of delivering the offered services. ShootProof will not be liable for any content provided to it, including the photographs and any content added by account holders.

Products

You can purchase the photographs featured on our Website from the photographer by placing an order using the ShootProof ordering system in the form of photographic prints, or other photographic products (collectively, the "Products"). The photographs remain the sole property of the photographer. You may not reproduce, scan, display, transmit, distribute or otherwise exploit the products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of Photographer.

Product Orders are strictly a contract you enter into with a Photographer, and not through ShootProof. Photographers shall submit orders to the lab of their choice for print processing and fulfillment. ShootProof shall not, in any way, be liable for the quality and delivery of the ordered products. Any dispute you have with a Photographer is between you and the Photographer. Purchasers acknowledge that digital products purchased through this Website are purchased subject to the terms set forth by the Photographer in a separate digital product license. Purchasers acknowledge that ShootProof provides no warranties for any digital product license. All digital product licenses are entered into by Photographers and Purchasers at their own risk.

The Website is protected by federal and international copyright and trademark laws. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials or Products and shall comply with any applicable end user license agreements.

Other Content

Other content uploaded by Visitors, such as comments about this Website or about content uploaded by Photographers, or comments submitted as guest entries or forum entries (all hereafter referred to as "comments") becomes the sole property of ShootProof, which shall be entitled to the unrestricted use and dissemination of this content for any purpose, commercial or otherwise, without acknowledgment or compensation to the uploading Visitor. ShootProof reserves the right, but has no obligation, to amend, redact and/or delete comments for any reason. You are solely responsible for all content you post or submit to ShootProof.

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as the selection, coordination and arrangement of all content on this Website, is the property of ShootProof or its affiliates or partners. All ShootProof content and software is protected by United States and international copyright and intellectual property laws. No portion of the materials on this Website owned by ShootProof may be reprinted, republished, modified, or distributed in any form without the express written permission of ShootProof.

Trademark

ShootProof.com, ShootProof, and the ShootProof logo and other marks are trademarks of ShootProof. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners.

Copyright Infringement

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: 1. Signature of the owner of, or the person authorized to act on behalf of the owner of, the copyright or other intellectual property interest. 2. A detailed description of the copyrighted material and its location. 3. The URL of the copyright or other material in question. 4. Your current contact information, including address, telephone number, and email address. 5. A signed statement from You stating that it is Your belief in good faith that Your copyright have been infringed. 6. A signed statement from You that all information provided by You is accurate and that You are either the copyright owner or are authorized to act on his/her behalf. This statement shall be under penalty of perjury.

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.loc.gov/copyright/ for details. Notices and counter-notices with respect to our websites should be sent to email: support(at)shootproof.com or written form to: ShootProof Attn: Copyright Compliance P.O. Box 724553, Atlanta, GA 31139.

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.

Photography Services

ShootProof does not provide or guarantee any of the services advertised or presented by Photographers marketing on ShootProof. All communication regarding products and services offered by a Photographer are solely between you and the Photographer. Any contract you enter into with a Photographer is strictly between you and the Photographer. In addition, any dispute you have with a Photographer is between you and the Photographer. Photographers shall submit orders for Products to the lab of their choice for print processing and fulfillment. ShootProof shall not, in any way, be liable for the quality and delivery of the ordered prints.

Third-Party Services

ShootProof may provide links to third-party sites or provide content from third party sites that are not owned or controlled by ShootProof. ShootProof has no control over the content, availability, privacy policies, or practices of the any third party websites. It is your responsibility to become familiar with each site's privacy and other policies and Terms of Use, and to contact that site's webmaster or site administrator with any concerns.

Email Marketing

You will receive an e-mail from ShootProof if, (a) your e-mail address is either listed with us as someone who has willingly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased, or otherwise have an existing relationship with us.

Each e-mail sent contains an easy, automated way for you to cease receiving e-mail from ShootProof. If you wish to do this, simply follow the instructions at the end of any e-mail. Please note that requests to be removed from an e-mail distribution list can take up to 7 business days. If you have received unwanted, unsolicited e-mail sent via this system or purporting to be sent via this system, please forward a copy of that e-mail with your comments to support(at)shootproof.com for review.

User Conduct

In connection with your use of the site services, you agree not to: (a)restrict or inhibit any other visitor from using the site services, including, without limitation, by means of hacking or defacing any portion of any of our websites; (b)use the site services for any unlawful purpose; (c)express or imply that any statements you make are endorsed by us, without our prior written consent; (d)modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site services or any of our websites; (e) frame or mirror any content available through the site services or any of our websites without our prior written authorization; (f) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the site services or any of our websites; (g) harvest or collect information about users of the site services without their express consent.

You further agree that at no time will you, directly or indirectly, engage in, assist, abet, encourage, facilitate or approve the following: (a)Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (b) download any file posted by any photographer that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (c) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (d) restrict or inhibit any other user from using and enjoying the site services; (e)iIllegally harvest or otherwise collect information about others; (f) violate any code of conduct or other guidelines or applicable laws or regulations; (g) create a false identity for the purpose of misleading others; (h) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Website services and the content made available therein.

Limitation of Liability

Neither ShootProof, nor its affiliates, suppliers, advertisers, agents, sponsors, licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this Website or the photographs or Products. You acknowledge that the photographers are independent contractors whom are subscribers of ShootProof and if you are not satisfied with the photographs or Products in any way, you shall look solely to such photographer(s), and not to ShootProof, for any damages and/or claims whatsoever relating to the photographs or Products.

You understand and agree that the submission of digital images to ShootProof, and the upload/download of any material through the Services are done at your own discretion and risk. You are solely responsible for any loss or damage to your images, your computer system, or other data that may result from the upload/download of any material. You are solely responsible for creating back-ups of your digital images. You understand that ShootProof does not warrant that access to the website or its contents will be uninterrupted or error-free, that defects will be corrected, or the server that makes it available are free of viruses and other harmful components. You acknowledge and agree that ShootProof accepts no responsibility or liability for, and employs no control over, the Content of the information passing through the ShootProof host servers, network hubs, or the Internet. All services performed hereunder are performed "as is" and without warranty against failure of performance including, but not limited to, any failure due to computer hardware or communication systems.

Indemnification

You agree to indemnify, defend and hold ShootProof, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms of Use; (b) your use of the Site services; or (c) your violation of the rights of any third party, including without limitation any copyright, property, or privacy right or any claim that the content submitted by you caused damage to a third party.

International Use

Those users of ShootProof who reside or do business outside of the United States of America specifically agree to comply with all the local laws, rules, and regulations regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.

Choice of Law and Venue

These Terms of Use are entered into in the State of Georgia and shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Fulton in the State of Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to you by ShootProof regarding the use of the Website or the use or purchase of the photographs or the Products. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Any notices or demands shall be in writing and shall be made by registered or certified mail, addressed to the respective parties, as follows:

If to ShootProof: ShootProof P.O. Box 724553 Atlanta, GA 31139

If to Photographer: To the active address as stated on the Photographer's ShootProof account.