These Website Terms of Use (the "Visitor Terms") apply to your use of the Perfectionshoots website (the "Site"). Perfectionshoots reserves the right to change the Visitor Terms and to modify and/or limit access to the Site at any time without notice to you. By using or accessing the Site, you agree to be bound by the most recent Visitor Terms.

All content that is made available to view and/or download in connection with the Site is the copyrighted work of and is owned by Perfectionshoots and/or its licensors or subscribers, as applicable, and is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any such content without the express written permission of Perfectionshoots and the copyright owner. You may not frame or otherwise include the Site within any other website or software.

Linked Sites

The Site may contain links to third-party websites ("Linked Sites"). These Linked Sites are not under the control of Perfectionshoots and Perfectionshoots is not responsible for the availability, contents, or performance of any Linked Sites. Perfectionshoots is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Perfectionshoots of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You should direct any concerns regarding these third-party sites to those sites' administrators.

Trademarks

"Perfectionshoots," and the Perfectionshoots logo are trademarks of Perfectionshoots and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.

Last updated: April 9, 2024

Date of Last Revision: April  9, 2024

These Terms of Service (the “Terms of Service” or “Terms”) describe the terms and conditions under which Perfectionshoots, Inc. (“Perfectionshoots,” “we,” “us,” “our”) makes available to you (“you” or “Photographer”) an online platform that allows photographers to exhibit, organize, print, sell, exchange, and share digital images, videos, and related products (“Photographer Services”), enables end-users to search and purchase those products (“End User Services”) through our website at https://www.Perfectionshoots.com (the “Site”) and hosted websites established by you as part of Photographer Services (“Photographer Sites”) and such other related services as may be offered through the Site from time to time. These services offered by Perfectionshoots and utilized by you are referred to collectively as the “Services.”

These Terms contain certain provisions that are applicable only if you are located in, or you offer End User Services to individuals within, the United Kingdom (Section 34 “Jurisdiction Specific Terms”). In the event of a conflict between the Jurisdiction Specific Terms and any other terms or conditions set forth in these Terms, the Jurisdiction Specific Terms shall supersede and control with respect to such conflict.

NOTICE REGARDING ARBITRATION: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PERFECTIONSHOOTS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

1. NOTICE REGARDING MESSAGES FROM PERFECTIONSHOOTS. BY ACCEPTING THESE TERMS, YOU AGREE AND HEREBY PROVIDE YOUR CONSENT, THAT PERFECTIONSHOOTS MAY CONTACT YOU: (A) BY EMAIL THAT YOU HAVE PROVIDED AND/OR AT THE MOBILE PHONE NUMBER YOU PROVIDED TO PERFECTIONSHOOTS, BY CALL OR SMS, ABOUT YOUR ACCOUNT, YOUR PAYMENT METHOD, ORDERS, ORDER STATUS, ACCOUNT STATUS, SUBSCRIPTION PERIOD, AND REGARDING INFORMATION PERTINENT TO YOUR ACCOUNT; AND (B) BY CALL, EMAIL OR SMS, TO SEND YOU MARKETING MESSAGES ABOUT YOUR ACCOUNT AND/OR SUBSCRIPTION, AND ABOUT PERFECTIONSHOOTS’ PRODUCTS, SOFTWARE, AND SERVICES. FOR EMAIL MESSAGES SENT TO YOUR EMAIL ADDRESS, YOU MAY OPT OUT OF RECEIVING THEM AS PROVIDED IN THOSE EMAILS. FOR SMS COMMUNICATIONS TO YOUR WIRELESS PHONE NUMBER, YOU MAY OPT OUT OF RECEIVING THOSE MESSAGES BY FOLLOWING ACCOMPANYING INSTRUCTIONS OR OTHERWISE BY CONTACTING PERFECTIONSHOOTS SUPPORT AT SUPPORT@PERFECTIONSHOOTS.COM WITH YOUR SPECIFIC OPT-OUT REQUEST. FOR THE PURPOSES OF THIS PARAGRAPH, REFERENCE TO “SMS” SHALL MEAN BOTH SMS AND MMS MESSAGES. PLEASE NOTE THAT FOR CERTAIN EMAIL MESSAGES PERTAINING TO YOUR ACCOUNT, YOU MAY NOT BE ABLE TO OPT OUT OF RECEIVING THEM.

2. NOTICE REGARDING SUBSCRIPTIONS. SUBSCRIPTIONS FOR PHOTOGRAPHER SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. CANCELLATIONS MUST BE RECEIVED AT LEAST TWO (2) BUSINESS DAYS PRIOR TO THE DATE OF RENEWAL. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR SUBSCRIPTION IS CANCELED. BY AGREEING TO PURCHASE A SUBSCRIPTION, YOU CONSENT TO ALLOW PERFECTIONSHOOTS TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. NO REFUNDS ARE PROVIDED IF YOU CANCEL. TO CANCEL YOUR SUBSCRIPTION, YOU MUST SEND A CANCELLATION NOTICE BY EMAIL TO CANCEL@PERFECTIONSHOOTS.COM AND IDENTIFY THE SUBSCRIPTION YOU DESIRE TO CANCEL. FOR PHOTOGRAPHER SERVICES, YOU MUST HAVE AN ACTIVE CREDIT CARD TO SIGN UP AND MUST MAINTAIN AN ACTIVE CREDIT CARD ASSOCIATED WITH YOUR ACCOUNT IN

 ORDER TO CONTINUE TO ACCESS AND USE THE PHOTOGRAPHER SERVICES.

3. ACCESS AND USE OF THE SERVICE.

3.1 Perfectionshoots Guidelines: You must adhere to all Perfectionshoots user guidelines and policies posted on the Site, incorporating our Privacy Policy and Cookie Policy.

3.2 Your Registration Obligations: You agree to provide accurate information during registration and to comply with our Privacy Policy and Cookie Policy. Users under 18 years old are not permitted to use the Services.

3.3 Account Security: You are responsible for maintaining the security of your account and must promptly notify Perfectionshoots of any unauthorized use or security breaches.

3.4 Modifications to Services: Perfectionshoots reserves the right to modify or discontinue the Services with or without notice.

3.5 Storage Limits: Your account is subject to storage limits and inactive account termination. Bandwidth limitations also apply.

3.6 Mobile Services: Accessing Services via mobile may incur additional charges from your carrier. By providing your mobile number, you authorize Perfectionshoots to contact you with automated messages.

3.7 License to Use Services and Software: Perfectionshoots grants you a non-exclusive license to use the Services and Software subject to compliance with these Terms.

3.8 Software Installation: You may install Software on up to three devices, subject to terms specified herein.

3.9 Additional Software Terms: Your use of Software is subject to additional terms and conditions provided by Perfectionshoots.

3.10 Software Security: Software may include measures to prevent unauthorized use, and Perfectionshoots may collect diagnostic information to improve performance.

3.11 Maintenance Releases: Perfectionshoots may provide Maintenance Releases to improve Software performance.

3.12 Notice and Assistance: You must cooperate with Perfectionshoots in maintaining the validity of its intellectual property rights.

3.13 Third-Party Products: Use of certain Services may require Third-Party Software governed by separate licenses.

4. CONDITIONS OF USE.

4.1 General Restrictions: Respect intellectual property rights, keep proprietary notices intact, and refrain from misrepresenting Perfectionshoots or its products/services.

4.2 Content and Conduct: You are solely responsible for content uploaded to the Services and must comply with our content guidelines.

4.3 Special Notice for International Use; Export Controls: Comply with local laws and export regulations governing the use of Software and Services.

4.4 Commercial Use: Commercial use of Services requires express authorization from Perfectionshoots.

4.5 Stripe’s Terms and Conditions: You agree to comply with Stripe's terms and conditions when using payment processing services.

5. SOCIAL NETWORKING.

5.1 Integration with Social Networking Services: You may integrate Social Networking Services with the Service, subject to their respective privacy policies.

5.2 Disclaimer: Perfectionshoots is not liable for the actions or policies of Social Networking Services.

6. FACIAL RECOGNITION TOOLS; LIABILITY AND WAIVERS.

6.1 Use of Facial Recognition Tools: Photographer's use of facial recognition tools must comply with applicable laws and obtain necessary consents.

6.2 Data Handling: Perfectionshoots implements protocols to safeguard and delete images subject to facial recognition features.

6.3 Liability: Photographers are solely responsible for content and data generated using facial recognition tools.

Please review these Terms carefully. Your use of the Services constitutes acceptance of these Terms and any updates thereto. If you have any questions, please contact us at support@perfectionshoots.com.

Copyright Policy

Date of Last Revision: April 9, 2024

Perfectionshoots respects the intellectual property of others, and we expect our users to do the same. Perfectionshoots may suspend and/or terminate the accounts of users who infringe the rights of others. Perfectionshoots has adopted the following policy in accordance with relevant copyright laws.

If you believe that your copyrights or other intellectual property rights have been infringed by postings of others through the Perfectionshoots website or photographer sites hosted by it, you should provide Perfectionshoots’ Copyright Agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
• A description of the copyrighted work or other intellectual property that you claim has been infringed.
• A description of where the material that you claim is infringing is located on the site.
• Your address, telephone number, and email address.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Once a proper infringement notice is received by the Copyright Agent, Perfectionshoots may remove or disable access to the allegedly infringing material. Perfectionshoots will make reasonable attempts to notify the Perfectionshoots User that Perfectionshoots has removed or disabled access to the material. Perfectionshoots may terminate access to the service for Perfectionshoots Users who are repeat offenders.

If a Perfectionshoots User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that Perfectionshoots User must send a counter-notice to the Copyright Agent, pursuant to relevant copyright laws. The counter-notice must contain the following information:

• An electronic or physical signature of the Perfectionshoots User or person authorized to act on behalf of the Perfectionshoots User.
• The location at which the material appeared before it was removed or access to it was disabled.
• A statement under penalty of perjury that the Perfectionshoots User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• The Perfectionshoots User’s name, address, and telephone number, and a statement that the Perfectionshoots User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Perfectionshoots User’s address is outside of the United States, for any judicial district in which Perfectionshoots may be found, and that the Perfectionshoots User will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If a counter-notice is received by the Copyright Agent, Perfectionshoots may send a copy of the counter-notice to the original complaining party informing that person that Perfectionshoots may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Perfectionshoots User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with relevant copyright laws.

A notification of claimed copyright infringement should be emailed to Perfectionshoots’ Copyright Agent at legal@Perfectionshoots.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Perfectionshoots Inc., Attn: Legal Department – DMCA Notices, 

719-501-3165

For any complaints originating from the EU, we accept a notice that conforms with the requir1ements of relevant EU directives.

Publicly Posted Information; Product Reviews

The Site may provide you with the ability to submit a comment on, provide an opinion about, rate, or otherwise discuss our Services (a “Product Review”) or provide other information (“Feedback”), which may be posted to a publicly available portion of the Site. Any information or content you post in a Product Review or in your Feedback will be available to other users of the Site (and our social media platforms) and may be retrievable by third-party search engines. Third parties may also be able to download or share your Product Review and Feedback to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review and Feedback that you wish to remain confidential. Any third party with access to your information via the Site will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on the Site is entirely voluntary on your part, and we recommend you carefully consider the information you choose to make publicly available.

Your Responsibilities

You are permitted, and hereby agree, to only provide personal information to Perfectionshoots if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO Perfectionshoots, YOU EXPRESSLY REPRESENT AND WARRANT TO Perfectionshoots THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE Perfectionshoots WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT Perfectionshoots’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY Perfectionshoots FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO Perfectionshoots.

Updating/Correcting Your Information

It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, the Site may offer you the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email, shipping address), and you must do so when such changes are warranted. If your account does not contain such features, then you must directly notify Perfectionshoots of any changes or updates to your personal information in accordance with the “Contact Us” section listed below.

Email Marketing and Your Rights

You have the right to opt out of receiving email marketing communications from us. Generally, the email marketing communications that you receive from us will provide you an option to “unsubscribe” from receiving future email marketing communications from us. You may also unsubscribe from such email marketing by contacting us in accordance with the “Contact Us” section listed below. You hereby agree to immediately notify Perfectionshoots, in writing, in the event you no longer own, license, or use an email address to which you subscribed to receive email marketing from us.

Technical Data Collection: When you access our website, certain data is automatically collected using technical means and tools to enhance your experience and ensure the smooth functioning of our services. This includes details related to your device, browsing history, search history, and other communication data. We may also collect information about your device and internet connection, such as the device's unique identifier, operating system, browser type, and mobile network information.

Additionally, we utilize cookies and other tracking technologies to improve our services and analyze user behavior. These technologies help us understand your preferences and tailor our offerings accordingly. Please note that you have the option to manage your cookie preferences, although disabling cookies may affect your access to certain parts of our website.

Privacy Policy Highlights: Our updated privacy policy outlines how we collect, use, and share your personal information. We are committed to protecting your privacy and ensuring compliance with applicable laws and regulations. Here are some key points:

• We collect personal information directly from you, through automated means when you use our website, and from third-party sources.
• Your information is used to provide, operate, maintain, and improve our services, as well as for marketing and promotional purposes.
• We may share your personal information with affiliates, service providers, payment processors, business partners, and in certain business restructuring scenarios.
• Your privacy rights, including the right to access, correct, and delete your personal information, are respected and supported.
• We provide options for managing your email marketing preferences and offer mechanisms for opting out of certain data sharing practices.

Your Rights and Responsibilities: As a valued user of our services, we want to ensure that you are aware of your rights and responsibilities regarding data privacy. You have the right to access, correct, and delete your personal information, as well as to opt out of certain data processing activities. It is important to provide accurate and relevant information, and to notify us of any changes or updates to your personal information.

Contact Us: If you have any questions, concerns, or requests regarding your privacy or our data practices, please don't hesitate to contact us. Your feedback is valuable to us, and we are here to assist you in any way we can.

PerfectionShoots prioritizes accessibility for all individuals, including those with disabilities. If you require this Privacy Policy in an alternative format, please reach out to us, and we will ensure your needs are met.

23. Employment Applicants

As part of our recruitment and talent management process, PerfectionShoots collects personal information from individuals interested in employment opportunities. This includes contact information, employment history, educational background, and other relevant data. We may also collect information related to diversity and inclusion efforts, where permitted by law. This information is used for evaluating job applicants, conducting background checks, and improving our recruitment process. We may share this information with third parties as described in our Privacy Policy.

24. Events and Video Teleconferencing

PerfectionShoots utilizes video teleconferencing platforms for various events and programs. These platforms, often owned by third-party providers like Google, Zoom, or WebEx, may record content and discussions. By participating in our events, you consent to the collection, retention, and recording of information as described.

25. Changes to the Policy

PerfectionShoots reserves the right to update this Privacy Policy. We will notify you of any amendments by updating the "Last Updated" section. It is your responsibility to review the Privacy Policy periodically. Your continued use of our Services after any amendments constitutes acceptance of the updated Privacy Policy. While we may communicate changes via email or text messages, it is your responsibility to stay informed about policy updates.

26. Contact Us

For questions about this Privacy Policy, data privacy rights, or to request more information, please contact us at support@perfectionshoots.com or by mail at PerfectionShoots Inc., Attn: Legal Department – Privacy,