Terms & Conditions
PaparazMe LLC (“Shotzy”) provides the shotzyapp.com website, mobile-device applications and other on-line portals to convey
information to photographers, clients and prospective photographers and
clients about Shotzy’s photography services platform (and possibly other
products and services) and about the topic of photography services in
general. This Shotzy Site Visitor Agreement (this “Agreement”) sets
forth the terms and conditions applicable to each Person (each, a
“Visitor”) who Visits or Uses (or attempts to Visit or Use) the
shotzyapp.com website, any Shotzy mobile-device application or any
other website or application owned or operated by or on behalf of
Shotzy (each a “Shotzy Portal”), whether from a desktop or laptop
computer or a smart- phone, tablet or other mobile device. If a Visitor is
unable or unwilling to accept the terms and conditions in this
Agreement, then please stop Visiting, Using or attempting to Visit or
Use any Shotzy Portal. By Visiting, Using or attempting to Visit or Use
a Shotzy Portal, each Visitor acknowledges that this Agreement
constitutes the legal agreement between the Visitor and Shotzy
applicable to all Visits, Uses or attempts to Visit or Use any Shotzy
Portal (but acknowledges that separate agreements will apply to the
conduct of or participation in Shotzy – facilitated Photography services).
This version of the Agreement is effective as of June 28, 2016.
I. GENERAL
1. This Agreement uses a few terms that warrant definition. The term
“Visit” or “Visiting,” as in Visiting a Shotzy Portal, means each and
every incident of access, display, viewing, browsing or otherwise
interacting with any Shotzy Portal or any portion thereof, directly or
indirectly. The term “Use” or “Using,” as in Using a Shotzy Portal,
means each and every incident of Visiting, listening, recording, copying,
playing or replaying, sending, posting or submitting Information to,
downloading Content or Information from, exchanging Information or
otherwise communicating with or through, or otherwise interacting with
any Shotzy Portal or any portion thereof, directly or indirectly. The term
“Information” means and includes text, graphics, images, videos,
audios, contact details and/or other information or data of any kind. The
term “Shotzy Content” means and includes all content of or available
from or at a Shotzy Portal, including without limitation all designs,
drawings, specifications and other Information, “look and feel”, legally
protectable items such as trademarks, service marks and copyrightable
material, interactive features, and the selection and arrangement of any
or all of them. The term “Shotzy-facilitated Photography services”
means any photography services conducted by or through a Shotzy
Portal. Other terms are defined throughout this Agreement.
2. All Shotzy Content is owned exclusively by Shotzy and are (for
qualifying media) the copyrighted works of Shotzy. The word, design
and slogan marks displayed on a Shotzy Portal are (unless otherwise
specified) service marks owned by Shotzy.
3. A Visitor may copy, print or reproduce Shotzy Content for purposes
of participating in Shotzy-facilitated Photography services or otherwise
doing business with Shotzy or for personal, non-commercial purposes. A
Visitor may not otherwise copy, print, reproduce, display, distribute,
modify or publish any Shotzy Content, without the prior written consent
of Shotzy in each instance. A Visitor may not alter, delete or conceal any
notices or legends on any Shotzy Content or circumvent any protective,
security or rights management mechanism. When a Visitor displays
Shotzy Content, the Visitor must include a notice to the effect that the
Shotzy Content is used with permission and may not be further
displayed, copied or shared.
4. In order to Use some features of the Shotzy Portals, a Visitor will
have to create an account with Shotzy, possibly by registering as a client
or photographer. A Visitor must provide accurate and complete
information to open an account or to register, and a Visitor must never
share the Visitor’s account or registration information with another User
(or Use another User’s account or registration).
5. Each Shotzy Portal may contain various links to other websites or
Information. Visitor agrees that Shotzy is not responsible for the
availability of these outside resources or their Information (and Visitor
will direct any concerns regarding any external link or Information to the
owners or administrators thereof). Links to a Shotzy Portal by third
Persons must be deleted upon the request of Shotzy.
6. USE OF A SHOTZY PORTAL OR SHOTZY CONTENT IS AT VISITOR‘S SOLE
RISK. EACH SHOTZY PORTAL AND ALL SHOTZY CONTENT IS PROVIDED
“AS IS” AND “AS AVAILABLE“, WITHOUT WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Shotzy does not
make any representation or warranty that any Shotzy Portal or Shotzy
Content is or will remain uninterrupted or error-free, that defects will be
corrected or that any Shotzy Portal is or will remain free from any
viruses, worms, trojan horses or other harmful effects, or that any Shotzy
Content is true, correct or error-free. Shotzy is not responsible for any
damage to Visitor’s equipment, devices, software, hardware or
Information. Visitor is solely responsible for ensuring that Visitor has in
place appropriate software and hardware to protect Visitor’s equipment,
devices, software, hardware and Information.
7. TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, SHOTZY DISCLAIMS
ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE INCURRED IN OR IN
CONNECTION WITH OR RESULTING FROM ANY USE OF A SHOTZY PORTAL OR
ANY SHOTZY CONTENT. The entire liability of Shotzy, and a Visitor’s
exclusive remedy with respect to use of a Shotzy Portal or any Shotzy
Content, shall be Visitor’s right to discontinue use of the Shotzy Portal
and/or Shotzy Content. Shotzy shall not ever be liable for any direct,
indirect, incidental, special, exemplary, punitive or consequential
damages arising from use of a Shotzy Portal or any Shotzy Content. In
any jurisdiction in which these disclaimers and/or limitations are
unenforceable, the aggregate liability of Shotzy shall not exceed
US$100.
8. Shotzy may discontinue, suspend or terminate the right of any Visitor
to Use a Shotzy Portal or Shotzy Content at any time for any reason (or
for no reason).
9. Visitor acknowledges and agrees that: (i) Shotzy is the sole and
exclusive owner of patents, patent applications, copyrights, trade secrets,
know-how and other intellectual property (individually and collectively,
“IP”) included in or related to Shotzy’s photography services platform or
the Use or promotion of Shotzy Portals; and (ii) nothing in this
Agreement shall give Visitor any right, title or interest in or to the
Shotzy’s photography services platform itself or any such intellectual
property. If Visitor develops IP that updates, modifies, changes and/or
augments (or could, if permitted, update, modify, change and/or
augment) Shotzy’s photography services platform, then the same shall be
deemed a work made for hire and shall be owned by Shotzy.
10. Visitor hereby indemnifies Shotzy and all of its members, officers,
directors, owners, employees, attorneys, agents and other representatives
(collectively, the “Indemnified Parties”) from and against any and all
liability and costs (including attorneys’ fees and expenses) incurred by
an Indemnified Party in connection with any claim arising out of (or
alleged to arise out of) any Visitor’s use of a Shotzy Portal or any Shotzy
Content or any breach by Visitor of any representation, warranty or
other provision of this Agreement. Visitor shall cooperate fully in the
defense of any such claim.
11. Following notice from a Visitor or other person or entity (each, a
“Person”), Shotzy will act expeditiously to remove Shotzy Content that
is shown to infringe the copyright or trademark of another Person.
Please present a claim for copyright or trademark infringement to
Frederick Marx, CEO, at fmarx@Shotzyapp.com. The claim must
include sufficient information to identify the rights allegedly being
infringed, the Shotzy Content that is allegedly infringing, the identity of
the claimant, the authority of the claimant and other matters requested
by Shotzy (and the same must be submitted under oath and penalty of
perjury). Reports of inappropriate Information on a Shotzy Portal should
also be reported to the named individual.
12. Shotzy operates the Shotzy Portals solely from Atlanta, Georgia, a
location within the United States of America. If a User is located outside
of the U.S.A., then Client is responsible for assuring compliance with
applicable local laws. Further, Client agrees that the Atlanta-based
Shotzy Portals (and deployment of Shotzy’s photography services
platform to be available for the conduct of Shotzy-facilitated
Photography services) are passive websites that do not give personal
jurisdiction over Shotzy.
13. This Agreement and any use of a Shotzy Portal or Shotzy Content
shall be construed, governed by and enforced under the substantive laws
of Georgia, USA (without giving effect to any conflict of laws principles
that would suggest a different result). This Agreement constitutes the
entire agreement of Shotzy with each Visitor regarding the subject
matter hereof, supersedes all prior and/or inconsistent understandings,
and may be modified only in a writing signed by Shotzy (or in a Shotzy
Posting to a Shotzy Portal).
14. Shotzy reserves the right (but does not have an obligation) to change,
add to or delete from the terms and conditions provided in this
Agreement at any time. If Visitor Uses a Shotzy Portal or Shotzy
Content after the effective date of any such changes, additions or
deletions, then the new version of the Agreement shall apply.
II. PRIVACY.
Shotzy has adopted the Privacy Policy of Shotzy, LLC (the “Shotzy
Privacy Policy”), which sates how Shotzy intends to handle information
that Shotzy collects from Visitors. A Visitor may obtain the current
version of the Shotzy Privacy Policy by contacting Shotzy’s Privacy
Manager either via email at fmarx@shotzyapp.com or via traditional
mail at 291 Alberta Drive, Atlanta, GA USA.
III. TERMS AND CONDITIONS APPLICABLE TO VISITOR
POSTS
Shotzy may allow a Visitor to register, create a profile or account, or
enable submission, posting, display, entry, exchange, transmission or
communication of Information on, in, through or to a Shotzy Portal
(each, a “Post” or “Posting”). Each Visitor who Posts any Information
to a Shotzy Portal, whether in response to a Posting by Shotzy or a third
Person, agrees that the following terms and conditions shall apply to the
Visitor’s Posts:
1. By making a Post to a Shotzy Portal, Visitor represents that Visitor
has the legal right to make the Post (and that the Posting does not violate
any law or regulation, including those related to copyright) and consents
to display of the Post or a portion thereof on any Shotzy Portal and for
related online and offline promotional purposes, except as otherwise
provided in the Shotzy Privacy Policy.
2. Visitor will not include in any Post to a Shotzy Portal any Information
that:
(a) is libelous, defamatory, disrespectful, obscene, pornographic,
abusive, hateful, repetitive, illegal, etc.;
(b) discriminates on the basis of race, religion, nationality, gender,
sexual preference, age, region, disability, etc.;
(c) constitutes a personal attack or violates any personal rights of any
Person; or
(d) infringes on or plagiarizes any copyright, trademark or other
proprietary right or breaches any confidentiality agreement or other
contract.
Visitor represents and warrants that (i) none of the Information that
Visitor includes in a Post to any Shotzy Portal is or will be inconsistent
with the foregoing prohibitions, and (ii) Visitor is at least thirteen years
old.
3. Visitor understands and agrees that neither the Visitor’s identity nor
the Visitor’s Posts are confidential or anonymous, except as otherwise
provided in the Shotzy Privacy Policy. Visitors should always identify
themselves and their affiliations when making Posts to a Shotzy Portal.
A Visitor will not impersonate any other Person in Posting to a Shotzy
Portal.
4. Visitor will not use a Shotzy Portal in a commercial manner
(precluding for example any Post of Information that contains any
advertising or any solicitation of or for goods, services or funds).
5. Visitor will not use a Shotzy Portal for Posting malicious code (such
as viruses, time bombs, worms, trojan horses or spyware) or to interfere
with or damage the functionality of any equipment, device, software or
hardware or of a Shotzy Portal. Visitor’s Postings must not modify,
disrupt or otherwise interfere with the Use of a Shotzy Portal or any
Shotzy Content. Visitor will not collect, compile, transmit, delete, revise,
view, or display any Shotzy Content or third-party Information from or
through a Shotzy Portal, whether personally identifiable or not, except as
expressly permitted by this Agreement (including in particular
Information Posted by another Person that is intended or expected to be
unavailable to the public).
6. Visitor warrants that Visitor owns all rights and interests (including
copyright, trademark and other proprietary rights) in and to all
Information that Visitor Posts to any Shotzy Portal and, without limiting
the generality of the statement, that Visitor has procured all author,
photographer, model and other releases necessary to make the statement
true.
7. Shotzy has no obligation to screen, verify, review for accuracy or
completeness or otherwise to monitor any Postings to any Shotzy Portal.
Visitor is solely responsible for the Information and opinions in any Post
that Visitor makes to a Shotzy Portal, and Shotzy does not endorse any
Visitor’s Postings. Shotzy reserves the right to delete, remove, move or
edit any Post for any reason (or for no reason), to report and provide
information to regulatory and law enforcement agencies, and/or to take
other actions not prohibited by law.
8. Visitor grants to Shotzy a perpetual, nonexclusive, world-wide,
royalty free, sub- licensable license to all Information that Visitor Posts
to a Shotzy Portal (whether Posted directly or through a third Person),
which includes without limitation the right for Shotzy (or any of its
officers, directors, owners, employees, attorneys, agents or other
representatives) to use, copy, transmit, excerpt, modify, publish,
distribute, display, create derivative works of, host, index, cache, tag,
encode, modify and/or adapt (in any form or media) any such
Information, on- line or off-line, and waives any and all rights to the
contrary, except as otherwise provided in the Shotzy Privacy Policy.
IV. PROVIDING FEEDBACK
Shotzy welcomes the submission of comments, questions or feedback
through a Shotzy Portal. The same should be submitted to Frederick
Marx, CEO, at fmarx@Shotzyapp.com and shall be subject to the terms
and conditions set forth in this Agreement.
V. LANGUAGE
This Agreement, which is written in the English language is the
governing legal contact between Shotzy and Visitor. If Visitor is not
comfortable reading the English language, then it is the responsibility of
Visitor to have this Agreement translated into a language that he or she
is comfortable reading.
Copyright © July 28, 2016 PaparazMe LLC All Rights Reserved.
