INTRODUCTION FOR PHOTOGRAPHERS
This Agreement governs your use of ShootQ (the "Services", as further defined below). Use of the Services is expressly conditioned on your acceptance of this Agreement. By using the Services, you acknowledge that you have read and agree to abide by the terms and conditions of this Agreement. If you decide not to agree to the terms and conditions discussed herein, you may not use the Services.
These Terms and Conditions apply to any use by you of the Services on this Web site, including without limitation all Services available at http://www.shootq.com.
Throughout this Agreement, the words "ShootQ", "we", "us" or "our" mean, collectively, Simply ShootQ, d/b/a ShootQ Inc, an Ohio S Corp and all of its respective successors or assigns. "You" or "your " mean each Authorized Person (as defined below) who has an interest in a Photographer account with ShootQ which is accessible through the Services or through the ShootQ Site. Whenever "you" is more than one person with respect to any such account or relationship, the obligations and agreements applicable to you under this Agreement shall be deemed to be joint and several wherever appropriate. “Authorized Person” means any user who has accepted this Agreement and accessed or used the Services in accordance herewith. “Photographer” means an Authorized Person who has an account with ShootQ to manage and gain clients who desire photography services. "End User" means an Authorized Person who has an account with ShootQ to find a photographer and/or receive photography services.
DESCRIPTION OF SERVICES
The "Services" shall mean all content, communications, features, products, and services available or otherwise used by you on or through the ShootQ Site.
SECURITY; CONFIDENTIALITY OF ACCESS INFORMATION
Use of the Services requires a computer and Internet access connected through an Internet Service Provider with a web browser (for example, Apple Safari or Microsoft Internet Explorer).
You agree to keep your username and password and any other security or access information (collectively, "Access Information") confidential to prevent unauthorized access to your account(s) and to prevent unauthorized use of the Services. We recommend that you memorize your Access Information and do not write it down. You agree not to give or make available your Access Information to any unauthorized individual.
If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Services under your user name without your consent or your accounts have been accessed without your permission), you must notify us immediately. (See YOUR RESPONSIBILITIES AND LIABILITIES below.)
We reserve the right, to deny your access to the Services or any part thereof, in order to maintain or restore security or performance to the ShootQ Site or any other ShootQ Sites and systems. We may also do so if we reasonably believe you are in breach of this Agreement or your Access Information has been or may be obtained or is being used or may be used by an unauthorized person(s).
PHOTOGRAPHER OBLIGATIONS WITH RESPECT TO END USER INFORMATION
You agree to promptly pay all fees and charges for Services, and you authorize us to automatically deduct all applicable charges and fees from your designated ShootQ Payment Account(s) as set forth in your Profile or any other eligible account.
Linked Payment Processing Accounts
All "linked" payment processing accounts with third parties (such as PayPal or Authorize.net) will appear in your ShootQ profile on the ShootQ Site, and you will be able to view at least certain summary information for all such accounts.
You agree that all electronic communications that we receive on the ShootQ Site or otherwise in connection with the Services, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Services will be deemed valid, authentic and binding obligations.
You agree (to the maximum extent permitted by law) to hold harmless ShootQ and its vendors and suppliers and protect and indemnify ShootQ and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Services rendered by ShootQ pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.
You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you are disclose to ShootQ.
FEES AND CHARGES
You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your account(s) through the Services.
CHANGES IN SERVICES; INTERRUPTIONS IN SERVICE
We may revise, discontinue, or otherwise modify, temporarily or permanently, the Services or any part thereof (including, without limitation, the ShootQ Site, this Agreement, the scope of the Services, and any materials related to the Services), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Agreement as to all prior versions of the Services and/or related materials and limit access to our more recent versions and updates.
You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Services to which these changes relate. Your use of the Services after we make any changes will constitute your agreement to such changes and the then current version of this Agreement as posted on the ShootQ Site.
1. We may, from time to time perform maintenance upon the Services or experience hardware, software or other problems related to the Services, resulting in interrupted service, delays or errors in the Services.
2. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.
YOUR RESPONSIBILITIES AND LIABILITIES
It is your sole responsibility to ensure that the contact information in your ShootQ user profile is current and accurate. This contact information includes, but is not limited to, name, address, phone numbers, e-mail addresses and account numbers. Changes to your contact information can be made in the personnel section of the ShootQ website.
Monthly Membership: Your membership with ShootQ is a month-to-month recurring membership with no contract. You may cancel at any time. ShootQ bills your account using the credit card you provided at the beginning of your monthly billing cycle.
Amounts paid are not refundable. Subscriptions to ShootQ are pre-paid.
Annual Plan Membership: The Annual Plan is a 12-month subscription, which will be pre-paid at the time of selecting the plan. The 12-month term will begin at the end of your current billing cycle. Amounts paid are not refundable. There are no pro-rated discounts for early termination of the plan. Your annual subscription will automatically renew at the standard rate on the one-year anniversary of your last subscription date (the 'Renewal Date') unless you cancel your subscription or downgrade to a monthly plan prior to your Renewal Date. Any changes made to your plan prior to your Renewal Date will go into effect at the end of the current annual subscription term. Plan changes can be made in the 'Account & Billing' section of your account.
ShootQ will send you an email notice approximately 30 days prior to your Renewal Date to let you know the current annual subscription term is about to end and your subscription will be automatically renewed at the standard rate for another 12-month period and your account will be charged accordingly. However, you are responsible for making any adjustments to your plan and account prior to your renewal date regardless of whether you receive any notice from us.
Please refer to the "Account and Billing" screen for information about your Renewal Date. ShootQ will email you a payment confirmation after subscription renewal.
To cancel your account, simply click on the Settings tab, and then click on Account & Billing. You'll see a link that says "Cancel My Account" at the bottom of the page.
Click the "Cancel My Account" link and then follow the steps to complete your account cancellation.
Before you close your account, you should know:
- Data for cancelled accounts is retained for thirty days - if you reconsider, contact us and we'll gladly reactivate your account.
- Before continuing, you may wish to download your relationships in vCard format and print important documents, such as contracts and invoices.
- Client-facing portions of the application, including contact form integrations, public pricing, and online bookings will be immediately unavailable.
- You have the option of canceling your account immediately in which case client-facing portions of the application, including contact form integrations, public pricing, and online bookings will be immediately unavailable. If you choose to cancel at the end of your billing cycle, your account will remain active until the close of your current billing cycle.
CREDIT CARD EXPIRATIONS OR DECLINES
Please note that allowing the credit card on file to expire or decline will result in automatic suspension of
your account after a period of 5 weeks. You will no longer have access to your ShootQ account.
We will send notices to the email on record if a card is declined.
We reserve the right to terminate this Agreement and your access to the Services, in whole or in part, at any time and for any reason.
You may not assign this Agreement or your rights to the Services to any other party.
We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
HARM TO COMPUTER SYSTEMS/DATA
You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the ShootQ Site or any other ShootQ Site.
LIMITATION OF LIABILITY
Except as otherwise expressly provided herein, your use of the Services is at your own risk.
NONE OF THE ENTITIES COMPRISING SHOOTQ OR ITS VENDORS AND SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES IS LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND; OR (II) COST OF REPLACEMENT GOODS OR SERVICES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, OR THE INABILITY TO ACCESS OR USE THE SERVICES, WHETHER CAUSED BY SHOOTQ OR THIRD PARTIES, ONLINE SERVICE PROVIDERS, ANY AGENT OR SUBCONTRACTOR OF ANY OF THE FOREGOING. IN NO EVENT SHALL SHOOTQ'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR SERVICES IN THE LAST 30 DAYS.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WHILE SHOOTQ MAKES EVERY EFFORT TO PROVIDE ACCURATE INFORMATION IN CONNECTION WITH THE SERVICES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SHOOTQ MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) ANY INFORMATION CONTAINED ON, RESULTS THAT MAY BE OBTAINED FROM THE USE OF, OR OTHER ASPECT OF THE SERVICES WILL BE ACCURATE, CURRENT, COMPLETE OR RELIABLE.
Nothing contained in the Services is intended to provide legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.
If any provision of this Agreement is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.
AREA OF SERVICE
Unless otherwise agreed by ShootQ, the Services described in this Agreement are solely offered within the United States of America, Australia, Canada, Phillipines, and New Zealand.
If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorneys' fees and court costs.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by the laws of the state of Ohio. The parties hereby consent to the exclusive jurisdiction of the State and Federal Courts located in Summitt County, Ohio.