Terms of Service for ExploreDiscoverShoot

What These Terms of Service Say (a quick summary, not legally binding)

ExploreDiscoverShoot is a website that features images and video submitted by contributors with a focus on landscapes and travel.

By submitting work to ExploreDiscoverShoot, you agree to all of the terms below. If you do not, please do not use the features of this site.

If the Terms of Service change substantially, we will put a notice on the site. But the onus is on you to understand any relevant Terms of Service.

We will do our best to keep this site running and performing as it should. But we have no obligation to do so. If things go wrong, we’ll do our best to fix it.

Anyone can browse the site. But to upload content, you must abide by the Terms of Service. We may deny the use of the site at any time without liability. But it’s obviously in our interest to have lots of happy contributors and visitors.

You cannot use our site to post inappropriate images or videos. You can’t harass or annoy others in the comments. We assume everyone will behave in a responsible manner, and we’ll all be fine. But in the end, we’re the boss of this site.

Every time you upload anything, you vouch that you are the owner and creator of that image or video. Do not post work that isn’t yours. If you do, we will deny you the use of the site, and you may be subject to legal actions by the rightful owners.

If you think someone else is posting your work, send us an email and we’ll try to resolve it. However, no guarantees. We’ll do our best.

Any work that you own is still your work on our site. However, we may use your work to promote our site (for example on social media), always giving appropriate credit and links back to you. We think this is fair. If you disagree, please don’t use this site.

We manage the site and determine what goes on it. Not everything that is submitted will appear on the site. We’re happy to discuss if you have any questions about it.

Terms of Service

This outlines the terms of use of the ExploreDiscoverShoot website. Before using any of the ExploreDiscoverShoot services, you are required to read, understand, and agree to these terms.

Whatever You Upload or Link to Must Be Yours

Please read this section carefully before posting, uploading, or otherwise submitting any content to the Site. By submitting Content, you are granting ExploreDiscoverShoot a worldwide, non-exclusive license to use the Content and are representing and warranting to ExploreDiscoverShoot that the Content is owned by you, and that ExploreDiscoverShoot is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.

In consideration of ExploreDiscoverShoot’s agreement to allow you to use the Services, you acknowledge that:

  • Any Content you upload or link to is filmed or photographed by you
  • By posting to the Site, you grant to ExploreDiscoverShoot a non-exclusive or exclusive, transferable, fully paid, worldwide license to use, sublicense, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site
  • The license granted to ExploreDiscoverShoot includes the right to use Content fully or partially for promotional reasons and to distribute and redistribute Content to other parties, websites, authorized agents, applications, and other entities, provided such Content is attributed in accordance with the required credits (i.e. username, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, as submitted to ExploreDiscoverShoot,
  • ExploreDiscoverShoot and its distributors have the right to modify, alter and amend photo titles, descriptions, tags, metadata and other accompanying information for any Content and the right to submit Content to other parties and authorized agents for the purpose of creating tags for Content
  • ExploreDiscoverShoot makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. ExploreDiscoverShoot does not restrict the ability of users and visitors to the Site to make low-resolution copies of Content posted on the Site and you hereby expressly authorize ExploreDiscoverShoot to permit users and visitors to the Site to make such low-resolution copies of the Content
  • Subject to the foregoing terms, ownership or other rights in the Content including any intellectual property rights or other proprietary rights associated with the Content are retained by you.

You represent and warrant that:

  • You are the owner of all rights, including all copyrights in and to all Content you submit to the Site
  • You have the full and complete authority and right to enter into this agreement and to grant to ExploreDiscoverShoot the rights in the
  • Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by ExploreDiscoverShoot of the Content as contemplated herein
  • You are not violating or breaching any agreement with any other party by submitting Content to ExploreDiscoverShoot
  • The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

You do not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against ExploreDiscoverShoot, all of which such rights are hereby expressly and irrevocably waived by you in favor of ExploreDiscoverShoot.

We Have No Obligation to Post Any Material

While we appreciate all submissions to ExploreDiscoverShoot, we do not guarantee that any or all submissions will be posted to the site. It is at our sole discretion whether we post videos or images on the site.

Copyright Complaints

ExploreDiscoverShoot respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property rights (“Infringement”) of any person. ExploreDiscoverShoot will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property laws and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify ExploreDiscoverShoot of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of copyrightinfringement@ExploreDiscoverShoot.com and include in your notice a detailed description of the alleged Infringement sufficient to enable ExploreDiscoverShoot to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright. Please provide:

  • Your name, address, telephone number, and email address
  • A description of the copyrighted work that you claim has been infringed
  • A description of where on the Website the material that you claim is infringing may be found, sufficient for ExploreDiscoverShoot to locate the material (e.g., the URL)
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright ExploreDiscoverShoot, its agent, or the law and is not a fair use
  • A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
  • Your electronic or physical signature.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content.

If you feel that your Content is not infringing, you may provide ExploreDiscoverShoot with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at copyrightinfringement@ExploreDiscoverShoot.com. You must include in your counter notice sufficient information to enable ExploreDiscoverShoot to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

Links

For videos, ExploreDiscoverShoot links to third parties such as YouTube, Vimeo and others. Because ExploreDiscoverShoot has no control over such sites and resources, you acknowledge and agree that ExploreDiscoverShoot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ExploreDiscoverShoot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Release and Indemnity

You hereby expressly and irrevocably release and forever discharge ExploreDiscoverShoot, its directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless ExploreDiscoverShoot, its affiliated and associated companies and its directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site. ExploreDiscoverShoot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Trademarks

ExploreDiscoverShoot, ExploreDiscoverShoot.com and other ExploreDiscoverShoot graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of ExploreDiscoverShoot. ExploreDiscoverShoot’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ExploreDiscoverShoot. The images and icons available from ExploreDiscoverShoot may be used by partners and third-party sites in connection with providing appropriate links to the ExploreDiscoverShoot Site so long as they are used in a manner that is consistent with ExploreDiscoverShoot’s requirements.

Termination

ExploreDiscoverShoot may terminate or suspend any and all Services and/or your ExploreDiscoverShoot account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership and rights provisions and warranties, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

You use the site and the services at your own risk. The site and the services are provided on an “as is, as available” basis. ExploreDiscoverShoot expressly disclaims all warranties, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. ExploreDiscoverShoot disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from this site and the services, including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party websites or content directly or indirectly accessed through links in the site, including but not limited to any errors or omissions, (d) the unavailability of all or any part of the site or the services, (e) your use of the site or the services, or (f) your use of any equipment or software in connection with the site or the services.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, NEITHER EXPLOREDISCOVERSHOOT NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, AUTHORIZED DISTRIBUTORS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, ANY FACTS OR OPINIONS APPEARING THEREON, OR THE SERVICES. EXPLOREDISCOVERSHOOT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR SERVICES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, EXPLOREDISCOVERSHOOT’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO US$100.00.

YOU AND EXPLOREDISCOVERSHOOT AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF EXPLOREDISCOVERSHOOT AND ALL PARTIES TO ANY SUCH PROCEEDING.

Miscellaneous

The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada, as applicable without regard to conflicts of laws principles. The United Nations Convention on the International Sale of Goods does not apply and is expressly excluded.

Any controversies or disputes arising out of or relating to these Terms shall be resolved by binding arbitration in Toronto, Canada. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of these Terms. The arbitration proceeding shall be conducted in English and all documentation shall be presented and filed in English. The arbitrator shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under these Terms. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

Indemnification of ExploreDiscoverShoot

You, agree to defend, indemnify and hold ExploreDiscoverShoot, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services. ExploreDiscoverShoot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General

These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof. Any rule of construction stating that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms. If one or more of the provisions herein is held invalid, illegal or unenforceable in any respect, the validity, legality and enforcement of the remaining provisions shall not be affected or impaired. Any inconsistency between these Terms in English and these Terms in any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version. The failure to enforce or the waiver by either party of a default or breach of the other party shall not be considered to be a waiver of any prior, subsequent or other default or breach.

Last updated: July 1st, 2019

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