logo

Spotshot's Terms of Service

Last Update: March 2023

Welcome to Spotshot The following terms of service (these "Terms of Service"), govern your access to and use of the Spotshot website and mobile application, including any content, functionality and services offered on or through www.Spotshot.me or the Spotshot mobile application (the "Site") by Spotshot Pvt Limited (C1/31 Palam Vihar, Gurgaon, India). Spotshot Pvt. Ltd. and its subsidiaries are collectively referred hereto as "Spotshot" "we" or "us" and “you” or “user” means you as an user of the Site. Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Spotshot Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein. This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. The permission must be documented if the user declares that they are between the ages of 13 and 18. If you are under 13 you are not permitted to use the Site or Spotshot services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here. The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Spotshot makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Spotshot. Business Account is a collaborative Buyer account, created via Spotshot Business, as detailed on Spotshot Business Terms of Service Business Account Team Member or Team Member is any user that is invited or uses a Business Account. Custom Offers are exclusive proposals that a Partner can create in response to specific requirements of a Buyer. Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller. Shoot® Extras are additional services offered on top of the Seller’s Shoot for an additional price defined by the Seller. Shoot® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price over and above the input fields of per hourly rate and per Shoot® Page is where the Seller can describe their Shoot and the Shoot’s terms, and the Buyer can purchase the Shoot and create an order. Shoot® / Shoots® are services offered on Spotshot. Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Shoot. Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Shoot Page. Sellers are users who offer and perform services through Shoots on Spotshot.

Overview (Main terms, in a nutshell)

  • Registration and Account Responsibilities
    • Only registered users may buy and sell on Spotshot. Registration is free.
    • In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes.
    • You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password.
    • We are not liable for any acts or omissions by you in connection with your account.
  • Buying and Selling on Spotshot
    • Shoots on Spotshot may be offered at a base starting price determined by the photographer. Some Shoots are offered at a price more than the base price as determined by the Seller.
    • Buyers pay Spotshot in advance to create an order (see Payment Terms) depending upon the concerned business vertical.
    • Orders are purchased through the Order button found on a Seller’s Shoot page or through a Custom Offer.
    • For fees and payments, please read the Payment Terms.
    • Sellers must fulfill their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
    • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Shoot Extras or selling their Shoot in multiples.
    • Users may not offer or accept payments using any method other than placing an order through Spotshot.com.
    • When purchasing a Shoot, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Shoot page. Note: some Shoots charge additional payments (through Shoot Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
    • Spotshot retains the right to use all published delivered works and its derivatives for Spotshot marketing and promotion purposes.
  • Additional Points
    • We care about your privacy. You can read our Privacy Policy here.
    • Users undertake to comply with Spotshot’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Spotshot community and marketplace in addition to these Terms of Service, as updated from time to time.

Spotshot Business Catalog

Spotshot Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Spotshot Business catalog are required to comply with certain professional standards. Eligible Sellers whose Shoots are included in the Spotshot Business catalog will be regularly evaluated by Spotshot to ensure their high-quality professionalism is kept. Spotshot reserves the right to remove Sellers and Shoots from the Spotshot Business catalog.

Seller Features

Spotshot Sellers have access to several exclusive features that help customize the way their services can be offered.

  • Custom Offer
    • Sellers can also send Custom Offers addressing specific requirements of a Buyer.
    • Custom Offers are defined by the Seller with the exact description of the service, the price, and the time expected to deliver the service.
    • Custom Offers are sent from the conversation page.
    • Services provided through Custom Offers may not violate Spotshot’s Terms of Service and/or our Community Standards.
  • Project Milestones
    • Shoot and Custom Offers above defined monetary threshold may include up to six project milestones, the minimum amount for each milestone would be specified, and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Shoot or Custom Offer’s description and timelines.
    • Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone or to stop the Order. If a Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered; however, in such a case, all further milestones will not start.
  • Shoot Subscription
    • Sellers may offer Buyers a fixed-term subscription for a specific Shoot (the “Shoot Subscription”). During the Shoot Subscription term, the Seller will deliver one Order of the same Shoot on a recurring basis, as agreed between the Seller and Buyer.
    • Buyers may cancel future Orders under the Shoot Subscription before payment is made for such future Orders. In such a case, the Orders under the Shoot Subscription will be canceled, as applicable. Once payment is made, Spotshot’s Order Cancellation policy under the Payments Terms will apply.
    • Sellers may cancel the Shoot Subscription up to 10 days before the next consecutive Order. Otherwise, Spotshot’s Order Cancellation policy under the Payments Terms will apply.
  • Spotshot Studios
    • A Spotshot Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Shoot (a "Studio Shoot").
    • Studio Lead: Certain selected Sellers may lead and operate Spotshot Studios as Studio Leads. Studio Leads are chosen manually by Spotshot editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate, and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Shoots at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
    • Studio Members: A Studio Lead can invite other Sellers who were also chosen by Spotshot to be eligible for Studios collaboration (each, a "Studio Member") to join their Studio Shoot and be assigned to a specific service. Studio Members can ask to be removed from a Studio Shoot at any time.
    • Studio Shoots: A Studio Shoot provides a bundle of services (from two services and up to five) within one Shoot. A Studio Shoot’s minimum price would be indicated. As Studio Shoot is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Shoot. Spotshot Studios may also offer Custom Offers.
    • Limitations: Each Spotshot Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Spotshot Studio. A Spotshot Studio can offer up to five Studio Shoots, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Shoots.
    • Studio Shoot Reviews: Studio Shoot Buyers are able to leave a public review on the Studio Shoot as if it were a regular Shoot. The public buying rating & review is linked to and visible on the Studio Shoot page, the Spotshot Studio itself (studio page), as well as all Studio Members and Studio Lead of that Spotshot Studio.

Shipping Physical Deliverables

Some of the services on Spotshot are delivered physically (arts and crafts, collectable items, etc.). For these types of Shoots, Sellers may decide to define a shipping pricing factor.

  • Physical Deliveries and Shipping on Spotshot
    • Some of the services on Spotshot are delivered physically (arts and crafts, collectible items, etc.). For these types of Shoots, Sellers may decide to define a shipping pricing factor.
    • Shoots that include a shipping pricing factor must have physical deliverables sent to Buyers.
    • Shipping costs added to a Shoot only pertain to the cost Sellers require to ship physical items to Buyers.
    • Important: Buyers who purchase Shoots that require physical delivery will be asked to provide a shipping address.
    • Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
    • Spotshot does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
    • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

Buyers

  • Basics
    • You may not offer direct payments to Sellers using payment systems outside of the Spotshot platform.
    • Spotshot retains the right to use all publicly published delivered works for Spotshot marketing and promotional purposes.
    • Buyers may request a specific service from the Post a Request feature. Services requested on Spotshot must be an allowed service on Spotshot. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Spotshot.
  • Purchasing
    • Please refer to the Payment Terms for making Payments through the Spotshot platform and to learn about fees and taxes.
    • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
    • You may not offer Sellers to pay, or make payment using any method other than through the Spotshot.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

Orders

Basics
  • Basics
    • Once payment is confirmed, your order will be created and given a unique Spotshot order number (#FO).
    • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Shoot.
    • The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating, and result in a warning to Seller.
    • An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days.
    • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Spotshot's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
    • A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered; however, in such case, the Order will be stopped and all further milestones will not start.
    • Buyers may purchase a Shoot Subscription, if available on the Seller’s Shoot page. During the Shoot Subscription term, a new Order of the same Shoot will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Shoot Subscription, you authorize us to automatically charge you for each Order under the Shoot Subscription from your Spotshot Balance or saved payment method, as applicable. If you do not have any Spotshot Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Shoot Subscription will be canceled. Buyer may also cancel future Orders under the Shoot Subscription before payment is made for such future Orders. Once payment is made, Spotshot’s Order Cancellation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Shoot Subscription 10 days prior to the next consecutive Order.
    • Certain Shoots that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Spotshot does not guarantee the behavior, conduct, safety, suitability, or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Spotshot has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Spotshot’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
  • Handling Orders
    • When a Buyer orders a Shoot, the Seller is notified by email as well as notifications on the site/platform while logged into the account.
    • Sellers are required to meet the delivery time they specified when creating their Shoots. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
    • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
    • Users are responsible for scanning all transferred files for viruses and malware. Spotshot will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
    • Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Shoot page or they do not match the requirements sent to the Seller at the beginning of the order process.
  • Reviews
    • Feedback reviews provided by Buyers while completing an Order are an essential part of Spotshot's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
    • Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
    • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Spotshot platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Spotshot platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
    • Feedback comments given by Buyers are publicly displayed on a Seller’s Shoot page.
    • Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller's Live Portfolio on their Shoot page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
    • Withholding the delivery of services, files, or information required to complete the Shoot’s service with the intent to gain favorable reviews or additional services is prohibited.
    • Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
    • Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
    • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
    • Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer's review.
    • Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
    • Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Shoot page, beneath the Buyer’s feedback.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Spotshot's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

User Conduct and Protection

Members of the Spotshot community communicate and engage through orders, social media, and on Spotshot’s Community Forums. Spotshot maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Spotshot. This section relates to the expected conduct users should adhere to while interacting with each other on Spotshot. To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

  • Basics
    • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Spotshot in order to circumvent or abuse the Spotshot messaging system or Spotshot platform is not permitted.
    • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
    • Spotshot does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
    • Spotshot does not provide protection for users who interact outside of the Spotshot platform.
    • All information and file exchanges must be performed exclusively on Spotshot's platform.
    • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
    • Spotshot is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
    • Users may not submit proposals or solicit parties introduced through Spotshot to contract, engage with, or pay outside of Spotshot.
  • Orders
    • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
    • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  • Shoots
    • Users may report Shoots to Customer Support that may be in violation of Spotshot’s Terms of Service based on the reported Shoot’s replicated similarity to pre-existing services (copycat Shoots).
    • Sellers warrant that any content included in their Shoots shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain content or stock-footage media are incorporated within the Shoots, Sellers represent and warrant that they hold a valid license to use such content and/or footage and to include them in the Shoots.
    • Spotshot will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation. Non-Permitted Usage Adult Services & Pornography - Spotshot does not allow any exchange of adult oriented or pornographic materials and services. Inappropriate Behavior & Language - Communication on Spotshot should be friendly, constructive, and professional. Spotshot condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages. Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Shoots or orders. Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Spotshot will not be protected by our Terms of Service. Authentic Spotshot Profile - You may not create a false identity on Spotshot, misrepresent your identity, create a Spotshot profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Spotshot reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.). Intellectual Property Claims - Spotshot will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here. Fraud / Unlawful Use - You may not use Spotshot for any unlawful purposes or to conduct illegal activities. Abuse and Spam Multiple Accounts - To prevent fraud and abuse, users are limited to one active Spotshot account and one active Spotshot Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Spotshot community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Spotshot’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts. Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Spotshot. This includes creating new multiple accounts to harass members through our message or ordering system. Selling Accounts - You may not buy or sell Spotshot accounts. Proprietary Restrictions The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Spotshot and protected by copyright, trademark, and other intellectual property laws. Spotshot®, Shoot® and Shoots® are all registered trademarks owned exclusively by Spotshot. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing. Except for the limited right to use the Site according to these Terms of Service, Spotshot owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works. Feedback Rights To the extent that you provide Spotshot with any comments, suggestions or other feedback regarding the Spotshot platform or the Site as a whole, as well as other Spotshot products or services (collective, the “Feedback”), you will be deemed to have granted Spotshot an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Spotshot is under no obligation to implement any Feedback it may receive from users. Confidentiality Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

  • Account Management
    • Spotshot reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
    • Violation of Spotshot's Terms of Service and/or our Community Standards may get your account disabled permanently.
    • Users with disabled accounts will not be able to sell or buy on Spotshot.
    • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
    • Users have the option to enable account Security features to protect their account from any unauthorized usage.
    • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Dispute Resolution
    • Disputes should be handled using Spotshot's dispute resolution tools ('Resolution Center' on the order page) or by contacting Spotshot Customer Support.
  • Terms of Service Changes
    • Spotshot may make changes to its Terms of Service from time to time. When these changes are made, Spotshot will make a new copy of the terms of service available on this page.
    • You understand and agree that if you use Spotshot after the date on which the Terms of Service have changed, Spotshot will treat your use as acceptance of the updated Terms of Service.
User Generated Content
    User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Spotshot by our users (Buyers and Sellers) is User Generated Content. Spotshot does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Spotshot platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Furthermore, Spotshot is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Shoots or otherwise). We provide no warranty with respect to the Shoots, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services. By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Spotshot. Sellers advertising online their Shoot or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Shoot or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller's account. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership
    Ownership and limitations: When purchasing a Shoot on Spotshot, unless clearly stated otherwise on the Seller's Shoot page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Shoot, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Shoots (including for custom created work) charge additional payments (through Shoot Extras) for a Commercial Use License. This means that if you purchase the Shoot for For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Shoot Extra and will have broader rights that cover your business use. For Voice Over Shoots, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Shoot Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Shoot Extra. For further information on the type of buy-outs, please read below. Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Spotshot, including Shoot texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Spotshot for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
    When purchasing a Voice Over Shoot, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots). By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose. By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose. This Buy-Out is subject to Spotshot's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Spotshot will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Shoot Commercial Use License
    By purchasing a “Commercial Use License” with your Shoot Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Spotshot’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Spotshot will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
    YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Spotshot NOR ANY PERSON ASSOCIATED WITH Spotshot MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Machine Translation
    Certain user-generated content on the Site has been translated for your convenience using translation softwares powered by Amazon or Google. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement. The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
    IN NO EVENT WILL Spotshot, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Spotshot, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.