Thank you for taking a few minutes to understand the PhotogBooker Terms of Service.
These terms of service (“Terms”) cover your use and access to our services, software application and websites (collectively “PhotogBooker Platform“). PhotogBooker is an online platform through which photographers may create listings for photography services and visitors and Guest/Clients may learn about and book photography services directly with the photographer. We utilize the term “Guests/Clients” because a visitor to our site is a guest searching for a Photographer with whom to book services and then becomes a client to that photographer. However, these terms apply to all site visitors and PhotogBooker users without regard to any purchase, participation in booking services or other activity.
You may be a photographer looking to connect to Guests/Clients or a Guest/Client looking to connect with a photographer. In either scenario, use of the site requires your agreement with our Terms outlined herein. In the event you decide to connect with a photographer or Guest/Client through use of PhotoBooker Platform, you understand and agree that PhotogBooker is not a party to any agreements entered into between photographers and nor is PhotogBooker an agent or insurer. PhotogBooker has no control over the conduct of Photographers, Guests/Clients and other users of PhotogBooker Platform AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
How the PhotogBooker Platform Work
The PhotogBooker Platform can be used to facilitate the listing and booking of Photographers’ services (“Photography Services”). Such Photography Services are included in Listings on PhotogBooker Platform. You may view Listings as an unregistered visitor to PhotogBooker Platform; however, if you wish to book a Photography Service or create a Listing, you must first register to create an PhotogBooker Account. Logging in under your PhotogBooker account will allow you to utilize the PhotogBooker Platform as a Guest/Client and enables the photographer booking options.
As stated above, PhotogBooker makes available an online platform or marketplace with related technology for Guests/Clients and Photographers to meet online and arrange for bookings of Photography Services directly with each other. PhotogBooker is not an owner, agent or operator of the Photographers and PhotogBooker does not own, sell, resell, manage the Photography Services. Unless explicitly specified otherwise in the PhotogBooker platform, PhotogBooker’s responsibilities are limited to: (i) facilitating the availability of the PhotogBooker Platform. These Terms don’t grant you any right, title, or interest in the PhotogBooker Platform, other content in the PhotogBooker Platform, PhotogBooker trademarks, logos and other brand features.
Your Creation & Your Permissions
As a Photographer using PhotogBooker Platform, you provide us with things like your photography files, content, messages, contacts, and so on (collectively “Your Creation”). Your Creation is yours. These Terms don’t give us any rights to Your Creation except for the limited rights that enable us to offer PhotogBooker Platform.
We need your permission to do things like hosting Your Creation, backing it up, and sharing it when you ask us to. Our PhotogBooker Platform also provides you with features like online photography publication, Listing previews, commenting, Listing editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Creation. You give us permission to do those things. This permission extends to our affiliates and trusted third parties we work with.
Sharing Your Creation
PhotogBooker Platform lets us share Your Creation with others, so please think carefully about what you share. It is your responsibility to understand the PhotogBooker Platform and to keep in mind these terms as part of your agreement.
“PhotogBooker Content” means all Content that PhotogBooker makes available through the PhotogBooker Platform, including any Content licensed from a third party, but excluding Guest/Client Content.
“Collective Content” means Guest/Client Content and PhotogBooker Content.
“Content” means text, graphics, images, music, software (excluding the PhotogBooker Application), audio, video, information or other materials.
“Guest/Client” means a person who completes PhotogBooker’s account registration process, including but not limited to Photographers and Clients, as described under “Account Registration” below. It is also used to describe a Guest/Client who requests from a Photographer a booking of Photography service via PhotogBooker Platform.
“Photographer” means a Guest/Client who creates a Listing for Photography services via PhotogBooker Platform.
“Photography Services” mean the services provided by the Photographer to a Guest/Client.
“Listing” means a Photographer profile describing any Photography Service provided by that Photographer and all related Member Content submitted by the Photographer in order to create the listing. A listing is that is listed by a Photographer as available via PhotogBooker Platform.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the PhotogBooker Platform.
You are responsible for your conduct. You understand and agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to your use of the PhotogBooker Platform and Collective Content created via PhotogBooker Platform. In connection with your use of the PhotogBooker Platform and Collective Content, you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the PhotogBooker Platform or Collective Content;
use the PhotogBooker Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the PhotogBooker Platform or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our PhotogBooker Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our PhotogBooker Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our PhotogBooker Platform or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
“stalk” or harass any other user of our PhotogBooker Platform or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an PhotogBooker Guest/Client or Photographer;
offer, as a Photographer, any Photography Services that you do not yourself can execute or have permission to execute (without limiting the foregoing, you will not list Photography Services as a Photographer if you are serving in the capacity of a listing agent for a third party);
register for more than one PhotogBooker Account or register for an PhotogBooker Account on behalf of an individual other than yourself;
unless PhotogBooker explicitly permits otherwise, request or book a session at any Photography Services if you will not actually be using providing the Photography Services yourself;
contact a Photographer for any purpose other than asking a question related to a booking, such Photographer’s Photography Services or Listings;
contact a Guest/Client for any purpose other than asking a question related to a booking or such Guest/Client’s use of the PhotogBooker Platform;
recruit or otherwise solicit any Photographer or other Member to join third-party services or websites that are competitive to PhotogBooker, without PhotogBooker’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the PhotogBooker Platform or Collective Content;
as a Photographer, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (I) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
use, display, mirror or frame the PhotogBooker Platform or Collective Content, or any individual element within the PhotogBooker Platform or Collective Content, PhotogBooker’s name, any PhotogBooker trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the PhotogBooker Platform, without PhotogBooker’s express written consent;
access, tamper with, or use non-public areas of the PhotogBooker Platform, PhotogBooker’s computer systems, or the technical delivery systems of PhotogBooker’s providers;
attempt to probe, scan, or test the vulnerability of any PhotogBooker system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PhotogBooker or any of PhotogBooker’s providers or any other third party (including another user) to protect the PhotogBooker Platform or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the PhotogBooker Platform or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the PhotogBooker Platform or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
PhotogBooker has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Content accessible through the PhotogBooker Platform may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and responsibilities. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the PhotogBooker Platform.
Help us keep you informed and Your Creation protected. Safeguard your password to the PhotogBooker Platform, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our PhotogBooker Platform only as permitted by applicable law, including export control laws and regulations. PhotogBooker Platform are intended solely for persons who are 18 or older. Any access to or use of PhotogBooker Platform by anyone under 18 is expressly prohibited. By accessing or using PhotogBooker Platform you represent and warrant that you are 18 or older.
PhotogBooker reserves the right, at its sole discretion, to modify PhotogBooker Platform or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the PhotogBooker Site or via the PhotogBooker Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the PhotogBooker Platform after we have posted a modification on the PhotogBooker Site or via the PhotogBooker Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the PhotogBooker Platform
Some of our Services allow you to download software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the PhotogBooker Platform. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the PhotogBooker Platform, attempt to do so, or assist anyone in doing so.
We sometimes release products and features that we are still testing and evaluating. Those PhotogBooker Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as PhotogBooker’s other services, so please keep that in mind.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
P.O. Box 784
Blanchard, OK 73010
Billing. Photographers must maintain a paid subscription for a PhotogBooker listing. Your subscription begins when you select a membership level. We automatically charge you according to the Membership Level which you select. You can change or cancel your subscription at any time. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
Subscription payment processing at PhotogBooker is provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By subscribing at PhotogBooker, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. You agree to provide PhotogBooker accurate and complete information about you and your business. You authorize PhotogBooker to share it and transaction information related to subscription.
PhotogBooker recommends that Photographers obtain appropriate insurance for their Photography Services. Please review any insurance policy that you may have for your Photography Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guest/Clients (and the individuals the Guest/Clients invites to the Photography Services.
No Refunds. You may cancel your PhotogBooker subscription at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel a subscription within 14 days of signing up for, upgrading to, or renewing the subscription.
Downgrades. Your PhotogBooker subscription will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your subscription on time, we reserve the right to suspend or reduce the visibility of your PhotogBooker listing.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You’re free to stop using our PhotogBooker Platform at any time. We reserve the right to suspend or terminate your access to the PhotogBooker Platform with notice to you if:
(a) you’re in breach of these Terms,
(b) you’re using the PhotogBooker Platform in a manner that would cause a real risk of harm or loss to us or other users, Photographers or Guests/Clients, or
(c) you don’t have a Paid Account and haven’t accessed our PhotogBooker Platform for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the PhotogBooker Platform.
We won’t provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the PhotogBooker Platform to our other users, or
(c) we’re prohibited from doing so by law.
Discontinuation of PhotogBooker Platform
We may decide to discontinue the PhotogBooker Platform in response to unforeseen circumstances beyond PhotogBooker’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Creation from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
PhotogBooker Platform “AS IS”
We strive to provide great PhotogBooker Platform, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PhotogBooker makes no warranties, either express or implied, about the PhotogBooker Platform. THE SERVICES ARE PROVIDED “AS IS.” We also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—this includes and liability for PhotogBooker’s fraud or fraudulent misrepresentation in providing services. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, PhotogBooker, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PhotogBooker OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, PhotogBooker, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. PhotogBooker AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH PhotogBooker.
Let’s Try To Sort Things Out First. We want to address your concerns without formal action. Before filing a claim against PhotogBooker, you agree to try to resolve the dispute informally by contacting [email protected] We’ll try to resolve the dispute informally. If a dispute is not resolved within 15 days of submission, you or PhotogBooker may bring a formal proceeding.
Judicial forum for disputes. You and PhotogBooker agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of McClain County, Oklahoma, subject to the mandatory arbitration provisions below. Both you and PhotogBooker consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree To Arbitrate. You and PhotogBooker agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Norman, OK, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or PhotogBooker may assert claims, if they qualify, in small claims court in Norman, OK or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the PhotogBooker Platform, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the agreed-upon state and federal courts to resolve your claim.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by Oklahoma law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and PhotogBooker with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
PhotogBooker’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. PhotogBooker may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the PhotogBooker Platform.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our PhotogBooker Platform.
If an update affects your use of PhotogBooker Platform or your legal rights as a Photographer or Guest/Client of our PhotogBooker Platform, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for PhotogBooker Platform and your account cancellation date. By continuing to use or access the PhotogBooker Platform after the updates come into effect, you agree to be bound by the revised Terms.