By accessing or using the Shootbeat Platform, any user is accepting to be bound by these Terms.
These Terms constitute a legally binding contract entered into between any of the registered Members – Photographer;User / Customer; Third parties Photographers, experiences and/or Product suppliers – and Shootbeat (as defined below). References in these Terms to “Shootbeat,” “we”, “us,” or “our” mean WaterSmile, LDA., An entity incorporated under Portuguese law, with tax number 513427 848.
The contract determines the conditions for accessing and using the website, including any subdomains and other websites, through which Shootbeat provides its services (commonly referred to as “WebApp”), our applications for mobile phones, tablets and other smart devices, as well as application programming interfaces (commonly referred to as “Application”) and all associated services (commonly referred to as “Shootbeat Services”).The Shootbeat Website, Application and Services are hereinafter referred to jointly as the “Shootbeat Platform”.
All payment processing services through or in the context of using the Shootbeat Platform (“Payment Services”) are available through theStripesoftware platform.
Members registered as Photographers and Suppliers are solely responsible for identifying, understanding and complying with all laws, rules and regulations applicable to their advertisements and services, as well as for identifying and obtaining licenses, authorizations or necessary records regarding the products and services they intend to offer. Some types of products and services may be banned entirely. Penalties may include fines or other sanctions.
All Parties agree, in good faith, to enter this contract, which is governed by the above recitals and the following rules:
1. Scope of Shootbeat Services
1.1 The Shootbeat Platform is an online marketplace that allows all registered users – jointly designated as Members – to sell and purchase photos. Through theOnlinePlatform, the company will act as an intermediary in the relations between entities that exercise hotel and similar activities, its Users / Customers and Third-Party Providers, contracting, negotiating and making available the contracting of services.
1.2 Each Photographer registered on the Shootbeat Platform will be designated as “Photographer” and the products and services they offer are “Photography Services”. The Photographer can publish and make available for purchase its products and services on the Shootbeat Platform. Through the Shootbeat Platform, Photographers can make transactions directly with their customers, who seek to purchase the photos.
1.3 Members of the Shootbeat Platform are also the entities that have connections with photographers. These entities are called “Suppliers”, who offer partnership with the Shootbeat Platform and the Shootbeat Members.
1.4 Members who use and intend to purchase photos from their Photographers are registered on the Shootbeat Platform as “Users / Customers”.
1.5 As a supplier of the Shootbeat Platform, Shootbeat does not own, create, sell, resell, provide, control, manage, offer any Photography Services.
1.6. Shootbeat carried out a verification of the Suppliers and the services they provide. All agreements or contracts awarded with Photographers are fully integrated into these terms and conditions, of which they form part.
1.7 The Supplier and the Photographers are solely responsible for providing their services and delivering their products.When making or accepting a purchase through the Shootbeat Platform, Members are entering into a contract directly with each other.Shootbeat is not and will not be a contracting party or will participate in any way in any contractual relationship between Members, nor is it an insurance intermediary.
1.8 Although Shootbeat can help facilitate the resolution of disputes that occur between Members, it has no control and does not guarantee the realization, quality, safety, suitability or legality of any activities, services, products acquired on the Platform Shootbeat.
1.9 Regarding the veracity or correctness of any description of Ads, Shootbeat only exercises control and management of the Ads it publishes directly in the Shootbeat application, on behalf of the Photographers. All ads that Shootbeat does not place are not controlled or managed by you, namely the Supplier’s Ads.
1.10 Shootbeat does not control and does not guarantee the total accuracy of the ratings, comments or other content or the performance or conduct of any Member or third party.
1.11 If, as a Supplier or Photographer, you choose to use the Shootbeat Platform, your relationship with Shootbeat is limited to the fact that, for whatever reason, you are an independent third party contractor and not an employee from Shootbeat. The user acts exclusively on his own behalf and for his own benefit, and not on behalf of Shootbeat.
1.12 Shootbeat is not responsible for interruptions or interferences in the Internet service and telecommunications infrastructure beyond our control. That may cause interruptions in the availability of the Shootbeat Platform.
1.13 Shootbeat may occasionally improve, reinforce and change the Shootbeat Platform and introduce new Shootbeat Services.Shootbeat will inform Members of any changes to the Shootbeat Platform, unless such changes are minor, without having a material effect on the parties’ contractual obligations.
2. Eligibility, Using the Shootbeat Platform, Member Verification.
2.1 To access and use the Shootbeat Platform or register an Account with Shootbeat, any Member must be at least 18 years of age or be a properly constituted company, organization or other entity.
2.2 Shootbeat may subject the access and use of the Shootbeat Platform or certain areas or features to certain conditions or requirements, such as the completion of a verification process, the fulfillment of specific quality or eligibility criteria, the purchase history of a Member.
2.3 Photographers are subject to prior verification by Shootbeat.
2.4. The photos are not subject to detailed and prior verification by Shootbeat.
2.5 Access or use of some areas and features of the Shootbeat Platform may be subject to different policies, rules or guidelines, or may require any Member to accept additional terms and conditions before being able to access the relevant areas or resources of the Shootbeat Platform.
3. Changes to present terms
Shootbeat reserves the right to change these Terms, at any time, in accordance with this provision. If we make changes to these Terms, we will post the revised version of them on the Shootbeat Platform and update the “Last Updated” date at the beginning of this document. We will also notify you of changes by email, at least 30 (thirty) days before the date of its entry into force. If you disagree with the revised Terms, you can terminate this Agreement with immediate effect. We will inform you of your right to terminate the Agreement in the email notification, which must be sent to email@example.com. If you do not terminate your Agreement before the revised Terms come into effect, your continued access to or use of the Shootbeat Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 Members must register an account (“Shootbeat Account”) to access and use some features of the Shootbeat Platform.Depending on the purpose for which they register, they may use and publish (Suppliers and Shootbeat that will control the pages of the Photographers) or purchase (Users / Customers) a photo and use the other features of platform.If you are registering a Shootbeat Account for a company, organization or other legal entity, you must declare and ensure that you have the necessary powers to legally bind that entity, granting us all the authorizations and licenses provided for in these Terms.
4.2 Members can register a Shootbeat Account using an email address and creating a password.
4.3 During the registration process, they must provide correct, current, and complete information and always keep their Shootbeat Account updated.
4.4 Members must not register more than one Shootbeat account, unless Shootbeat authorizes them to do so, and they cannot transfer or otherwise transfer their Shootbeat Account to others.
4.5 If a third party may have breached access to the Shootbeat account, the Member must immediately inform Shootbeat by sending an email to firstname.lastname@example.org. Each Shootbeat Member is responsible for all activities performed through their Shootbeat Account, unless they have not authorized it and have not acted negligently (for example, by failing to report unauthorized use or loss of credentials).
4.6 Shootbeat may provide functionalities that allow it to authorize other Members or certain third parties to perform certain acts, which affect their Shootbeat Account. For example, we may allow Members to associate their accounts with eligible companies or act on behalf of those companies. These features do not require you to share your credentials with anyone else. Shootbeat authorizes no third party to ask for your credentials, and the user should not, in turn, request them from another Member.
5.1 The Shootbeat Platform and any content that incorporates the Platform may be protected, in whole or in part, by copyright, trademark and/or other applicable legislation.
5.2 Members acknowledge and agree that the Shootbeat Platform, including all associated intellectual property rights, is the exclusive property of Shootbeat.Members will not delete, alter or hide any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Shootbeat platform, the content of the Shootbeat Platform or the content of Members.
5.3 All Shootbeat trademarks, service marks, logos, trade names and any other source identifiers used or related to the Shootbeat Platform and the content of Shootbeat are trademarks or registered trademarks of Shootbeat.
5.4 Trademarks, service marks, logos, commercial designations and any other designations of third parties used or related to the Shootbeat Platform, are used for identification purposes only, and may be the property of their respective owners.
5.5 No one is authorized to use, copy, adapt, alter, prepare derivative works, distribute, license, sell, transfer, disseminate and present, transmit, publicly disseminate or otherwise exploit the Shootbeat Platform or its content.
5.7 Subject to compliance with these Terms, Shootbeat grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) use the Application on your personal devices;and (ii) access and view any content available on or through the Shootbeat Platform that is accessible to you.
5.8 By uploading, publishing, or otherwise making available any content as a Member on / or through the Shootbeat Platform, you are granting Shootbeat, as you create, publish or make available, a non-exclusive, worldwide, exempt license royalty, sublicensable and transferable.
5.9 Shootbeat does not claim any ownership rights in any content, and no provision in these terms should be construed as limiting any potential user rights to use or exploit your Member Content.
5.10Shootbeat guarantees that the images published regarding the services, products, experiences of the Photographers are accurately represented.Whenever there is no correspondence between the services and the advertisement, it will be changed accordingly or deleted immediately.
5.11 Suppliers and Photographers recognize and accept that Shootbeat has the right to use any published images, including to provide and promote the Platform.
5.12 All Members using the Shootbeat application and Shootbeat agree, by accepting this term, that they will not publish, upload, send or transmit any content that:
(i) is fraudulent, false, misleading (directly or by omission or inability to update the information) or fallacious;
(ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive;
(iii) promotes discrimination, or fanaticism, racism, hatred, harassment or harm against any individual or group;
(iv) is violent, threatening or promotes violence or threatening actions towards any other person or animal;
(v) promotes illegal or harmful activities or substances;or
(vi) violates any Shootbeat policy.
5.13 Shootbeat may eliminate or prevent access to any content that is contrary to the applicable law and these terms, in force at the time, or that could otherwise be harmful or offensive to the company, its Members, third parties or property.Whenever Shootbeat removes or deactivates the Member Content, Shootbeat will notify the Member and provide the reasons for such action, unless such notification (i) prevents or prevents the detection or prevention of fraud or other illegal activities, (ii ) harm the legitimate interests of other Members or third parties, or (iii) violate applicable laws.
6. Service Fees and Payments
6.1 Shootbeat charges commission fees to the Customer, which are included in the total price of photo, in return for using the Shootbeat Platform.
6.2.As a rule, theStripesoftware platformwill make the correct imputation of the payment of commissions due under the terms agreed between Shootbeat, the Photographer and the Supplier, in a document attached to these terms, making it an integral part.
6.3.In case of errors with the referred Platform, the payment of commissions will be managed directly by Shootbeat.
6.4.The commissions negotiated between Suppliers and Photographers are made through a service provision contract, which Shootbeat will conclude with each partner, on a case-by-case basis.
6.5.The fees and commissions and the price of the photos purchased do not affect the collection of taxes due for all transactions that occur through the application, and that are mandatorily included in the Total Price charged by Shootbeat.
7. Specific terms for Photographer and Supplier
7.1. One Photographer can have more than one subscription to the Shootbeat Platform.
7.2 Each Supplier can only have one subscription to the Shootbeat Platform.
8. Specific Terms for Users / Customers
8.1 The Customer agrees to pay for the service, photo/s within and through his Shootbeat Account.
8.2 Upon receipt of a confirmation of purchase by Shootbeat, a legally binding agreement is entered into between the Customer, Supplier and/or the Photographer, subject to any additional terms and conditions that apply, including the policy applicable.
9. Cancellations and Refunds, Resolution Center
9.1 Members are responsible for any changes to a reservation they make through the Shootbeat Platform and agree to pay any fees associated with changes to Reservations, if applicable.
9.2 Users can cancel a confirmed reservation, at any time, in accordance with the cancellation policy of the Ad defined by the Supplier or Photographer, and Shootbeat will proceed to the refund paid by the Customer, according to what is defined in the policy cancellation.
9.3 If a Supplier or Photographer cancels a confirmed reservation/service purchase, the Customer will be fully refunded the amount paid. In some situations, Shootbeat may allow the Customer to use the Refund to make a new reservation. Shootbeat will deduct this amount from the value of a subsequent reservation by the Customer, in accordance with its instructions.
9.4 Unless otherwise specified in these Terms, Members may use alternative means of dispute resolution to send or request money for refunds, additional Supplier services, products or claims for damages related to reservations.
10. Disputes between all Members
10.1 Members agree to cooperate and support Shootbeat in good faith and provide it with all information related to any Claims for Compensation, or other complaints or claims made by Members, related to any services provided and photos acquired through the Shootbeat Platform. Shootbeat will promote the resolution of any dispute by agreement between the parties. Members have the right not to want to resolve the dispute using this extrajudicial way. A Member’s right to take legal action before a court remains unaffected.
11.1 The Supplier and the Photographers are solely responsible for knowing their obligations to inform, charge, send or include in their Fees any VAT or other indirect sales taxes, fees (“Taxes”).
11.2 Tax rules may compel us to collect adequate tax information from Suppliers and Photographers or to withhold taxes from payments made to them or both. If a Supplier does not provide us with the necessary documentation under applicable law (eg, tax identification) for the fulfillment of our obligation (if applicable) to withhold taxes from the payments we make to you, we reserve the right to withhold amounts up to the relevant tax amount, until the respective resolution.
12. Prohibited Activities
12.1 Members are solely responsible for complying with all laws, rules, regulations and tax obligations applicable to their use of the Shootbeat Platform. As part of the use of the Shootbeat Platform, the user declares that he will not and will not help or allow third parties:
(i) use the Shootbeat Platform for any commercial or other purposes, other than those expressly permitted by these Terms, or in a way that falsely suggests Shootbeat’s approval or partnership, or in any way mislead others, with respect to the user’s affiliation with Shootbeat;
(iii) use the Shootbeat Platform to distribute unsolicited commercial messages (“spam”);
(iv) providing services or selling products outside the Shootbeat Platform. If you do so, the user: (1) assumes all risk and responsibility for such payment, and (2) exonerates Shootbeat from any liability for the payment in question;
(v) discriminate or harass someone based on race, nationality, religion, sex, sexual identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or in any way participate in any violent, harmful, abusive or disturbing behavior ;
(vi) use, disclose, mirror or frame the Shootbeat Platform, or any individual element on the Shootbeat Platform, the name of Shootbeat, any trademark, logo or other private information of Shootbeat, or the presentation and design of any page or form included on a page on the Shootbeat Platform, without the express written consent of Shootbeat;
(vii) dilute, tarnish or in any way harm the Shootbeat brand, including by registering and/or using Shootbeat or derived names in domain names, trade names, registered trademarks or other source identifiers, which closely imitate or that similarity to domains, trademarks, slogans, promotional campaigns or may cause confusion;
(viii) use any robots, spiders, crawlers, scrapers or other automatic means or processes to access, collect data or other content, or otherwise interact with the Shootbeat Platform, for any purpose;
(ix) avoid, ignore, eliminate, disable, impair, decode or in any way attempt to circumvent any technological measure implemented by Shootbeat, by any of its suppliers or another third party, to protect the Shootbeat Platform;
(x) attempt to decipher, unzip, disassemble or reverse engineer any software used to make the Shootbeat Platform available;
(xi) take any action that damages or impairs, or may damage or impair the performance or correct functioning of the Shootbeat Platform;
(xii) export, re-export, import or transfer the Application, except as authorized by Portuguese law, the export control laws of your jurisdiction and any other applicable legislation; or
(xiii) violate or infringe on anyone’s rights or otherwise harm someone.
12.2 Users / Customers recognize that Shootbeat has no general obligation to monitor the content of the Supplier or Photographer page, nor to actively seek out facts or circumstances that indicate illegal activity.
12.3 If you suspect that any Member with whom you interact, online or in person, is acting or has acted inappropriately, including, without limitation, someone who: (i) participates in offensive, violent or sexually inappropriate behavior; (ii) the suspect is stealing it; or (iii) participates in any disturbing conduct, the user must immediately report it to the competent authorities and then Shootbeat, by contacting us and indicating his police station and the number of the police report (if available). All Members agree that any denunciation they make does not oblige us to take any action (in addition to what is required by law, if applicable).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement is effective until any Member or Shootbeat terminates it, as provided in this provision.
13.2 The User may terminate this Agreement at any time by sending us an email to email@example.com.
13.2.1 If you cancel your Account or your contract with Shootbeat as a Supplier, without prior communication with Shootbeat, all your photographers will be removed.
13.2.2. If you cancel your Shootbeat Account as a Customer, you will not receive any communication from us.
13.2.3. If you cancel your Account with Shootbeat as a Photographer all of you last income is paid and your account will be removed.
13.3 Without limiting our rights specified below, Shootbeat may terminate this Agreement for convenience, at any time, by notifying the user thirty (30) days in advance, by email to his registered email address.
13.4 Shootbeat may terminate this Agreement and/or stop providing access to the Shootbeat Platform, with immediate effect and without notice, if: (i) the user has substantially breached its obligations under these Terms; (ii) has violated applicable law, regulations or the rights of third parties; or if (iii) such a measure is necessary to protect the personal safety or property of Shootbeat, its Members or third parties (for example, in the event of a Member’s fraudulent behavior).
13.5 In case of violations of these legal terms and regulations, and if applicable, the user will be notified of any measure that Shootbeat intends to take, being given an opportunity to resolve the problem to the satisfaction of the company.
13.6 If we adopt the measure identified in 15.4: (i) we may reimburse Users / Customers in full, for any and all confirmed reservations that have been canceled, regardless of the pre-existing cancellation policies; (ii) the Supplier will not be entitled to any compensation for pending or confirmed reservations that have been canceled.
13.7 Upon termination of this Agreement, the entity has no right to recover your Shootbeat Account or any part of the content on its page. If your access to or use of the Shootbeat Platform has been limited, your Shootbeat Account has been suspended or Shootbeat has terminated this Agreement, you cannot register a new Shootbeat Account or access and use the Shootbeat Platform through the Shootbeat Account of another Member.
14. Governing Law and Jurisdiction >
These Terms will be interpreted in accordance with Portuguese law. As a consumer, you can initiate any legal proceedings related to these Terms before the competent court at Shootbeat’s headquarters in Portugal. If Shootbeat intends to invoke any of its rights against any of the Users of its Platform, it can only do so in the courts of jurisdiction in which it resides. The User agrees to submit to the exclusive jurisdiction of the Portuguese courts.
15. General Provisions
15.1 This Agreement or your use of the Shootbeat Platform does not establish a joint venture, partnership, employment or agency relationship between you and Shootbeat.
15.2 If any provision in these terms is found to be invalid or unenforceable, the provision in question will be deleted and will not affect the validity and applicability of the remaining provisions.
15.3 Failure by Shootbeat to enforce any right or provision set forth in these Terms does not constitute a waiver of such right or provision unless it is acknowledged and accepted by Shootbeat in writing.
15.4 The user may not assign, transfer or delegate this Agreement and its rights and obligations, provided herein, without the prior written consent of Shootbeat. Shootbeat may, without any restriction, assign, transfer or delegate this Agreement and any rights and obligations set forth herein, in its sole discretion, by giving 30 days notice. The right of any member to terminate this Agreement at any time is not affected.
15.5 Unless otherwise specified, any notifications or other communications to Members, authorized or required under this Agreement, will be provided electronically and sent by Shootbeat by email.
15.6 If you have any questions regarding these Terms, you should send us an email to firstname.lastname@example.org.