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 anyother 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 thisAgreement, 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 theconduct of or participation in Shotzy – facilitated Photography services).
This version of the Agreement is effective as of June 28, 2016.
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 otherwiseinteracting 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 ShotzyContent is true, correct or error-free. Shotzy is not responsible for anydamage 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 Visitorto 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 andexclusive 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 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 servicesplatform 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 Contentshall 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 subjectmatter 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.
III. TERMS AND CONDITIONS APPLICABLE TO VISITOR
Shotzy may allow a Visitor to register, create a profile or account, orenable submission, posting, display, entry, exchange, transmission orcommunication 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
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.
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.
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.
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.