Your use of the ShutterPoint.com website requires that you agree to the following terms
of service. If you do not agree with these terms of service, you must leave this Website immediately.
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ShutterPoint.com (the "Website" or "We") provides its services or products (the "Product or Service"),
to you (the "User" or the "Member" or "You") subject to the following Terms of Service, which may be
updated from time to time with or without notice. By using the Service,
You agree, without limitation or qualification, to be bound by, and to comply
with, these Terms of Service and any other posted guidelines or rules applicable
to this Website, Product or Service provided by ShutterPoint.com. Please read this document carefully,
as it is intended to protect You and to ensure that ShutterPoint.com is safe for everybody.
Persons under the age of eighteen (18) years old are not permitted to register
for membership with this Website. By registering, You certify that You are at
least eighteen (18) years old. You agree that all information You provide during the
registration is accurate. We reserve the right to terminate Your membership
without notice if we learn that You have violated these Terms of Service or any
other guidelines and rules published by ShutterPoint.com. Any such termination shall
be in our sole discretion.
This Website is offered to You conditioned on Your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of this Website
constitutes Your agreement to all such terms, conditions, and notices. The right to
use this Website and any other Product or Service offered by ShutterPoint.com, is personal
to You and is not transferable by assignment, sublicense, or any other method to any other
person or entity.
Nature of Service
ShutterPoint.com is a Website where photographers share their photos, get photos
rated by fellow photographers or visitors, and most importantly, sell (license)
photos on a royalty-free basis for use by publishers of books, catalogs, calendars,
guides, websites, advertisement, or any other media. Both photographers (contributors of images) and buyers
of images can become Members of the Website. Unless otherwise noted, these two types of Members are
refered to as Photographers and Image Buyers.
We provide our Photographers storage space on subscription-level basis, where storage is
acquired in chunks of a fixed size for certain period of time. We collect fees for storing the
digital photographs and for selling the licenses to use them via this Website.
Fees for storage space subscriptions are subject to change without notice. In the event
of such change, new prices will affect the new subscriptions and extensions of
current subscriptions only. Additionally, fees for selling digital photos are subject
to change, in which case we will notify our Members of the upcoming change in
advance via e-mail.
We provide this Website to make Photographers' image files available for sale.
ShutterPoint.com hosts digital images – We do not own them. Our members, the Photographers,
retain the ownership and copyrights of all their images. ShutterPoint markets
itself to Image Buyers with no additional cost to Photographers. ShutterPoint acts as the processor
of the payments for image licenses and maintains records of all sales. Proceeds for the sales
are paid to Photographers in accordance to terms outlined in the Payments section of this document.
We provide Image Buyers the ability to post photo requests enabling them to locate images for
their specific needs. Photographers can view and respond to these requests by posting images. Additional
services to Images are subject to change without notice. There are no fees for keeping Image Buyer
accounts with the Website.
Members of the Website can participate in the process of submitting feedback on photos of other
members (collectively referred to as ratings and/or comments), and participate in the
online private and/or public discussions (collectively referred to as forums).
Registration, Privacy, Member Information and Use of Membership Information
Some of the Products and Services will require the User to register and provide certain
data. Member shall provide ShutterPoint.com with true, accurate, complete, and updated
information as to his or her name and email address during the registration
process. Members also hereby agree to maintain and promptly update the registration
data to keep it true, accurate, current and complete. No Member may:
- select or use a Username or email address of another person with the intent to impersonate that person.
- use a Username or email address subject to the rights of any person other than Member without authorization.
- use a Username in violation of the intellectual property rights of any person.
- use a Username that ShutterPoint.com, in its sole discretion, considers inappropriate or offensive.
All registrations become the exclusive property of ShutterPoint.com, its affiliates and
subsidiaries. ShutterPoint.com reserves the right to use and reuse all registration
and other personally identifiable User information subject to the ShutterPoint.com Privacy
Policy. Users may edit, update, alter or obscure their personally identifiable
information at any time by following the instructions located in the
As You navigate through this Website, ShutterPoint.com may collect some personal
information, either by asking You to tell us something about yourself or by using
data-tracking tools which collect and/or track information which can include, without
limitation, Your home server domain name, type of computer and web browser that
You use, as well as information concerning what pages you access (individually or collectively,
"Information"). Information collected by ShutterPoint.com will be used by
ShutterPoint.com for statistical, feedback, marketing and promotional purposes as
well as for Product development and Website content improvement. You agree that we may
disclose to third parties certain aggregate information contained in Your registration
form or Member's profile or "About Me", but that we will not disclose Your particular name, email
address or any other personally identifying information without Your prior authorization
except as required by law. (For more details, please see
You allow ShutterPoint.com's employees ability to access Your membership information, on a case
by case basis, to provide customer service and support, or to investigate complaints or other
allegations of abuse. ShutterPoint.com shall not disclose the existence or occurrence of
such an investigation unless required by law.
You will choose a password during the registration process, this password is used for
authentication purposes to access the member-only areas of our Website. Member
acknowledges that his or her right to use this Website and other Products or Services
offered by ShutterPoint.com is personal to Member and is not transferable by assignment,
sublicense, or any other method to any other person or entity. Any attempt to
transfer Member's right to use this Website is void and shall constitute a breach of
Member shall take any and all actions necessary to maintain the
privacy of his or her password. In the event Member has reason to believe that a
third party has access to Member's account, Member shall immediately change account
password by going to the "Member Information" page located under
the "My Account" area of this Website and following the directions listed and,
if any such problem persists, notify us via the "Feedback and Support" link at the bottom
of any page (http://www.shutterpoint.com/Help-ContactUs.cfm
After registering, Photographer is given a choice of subscription for storage space
at our servers to store Photographer's digital image files. Photographer can renew his or her
subscription at any time and can add more storage space to his or her account at any time.
ShutterPoint.com is doing everything to prevent data loss. In the unlikely
event of computer systems' failure causing unrecoverable loss of digital images
in Photographer's account, ShutterPoint.com will not be responsible for any kind of
damages the Photographer could sustain as the result of such data loss. Photographer is
solely responsible for keeping backed up copies of all files submitted to
ShutterPoint.com and will be given an opportunity to resubmit any
digital images that could have been lost in the event of data loss.
ShutterPoint agrees to pay Photographer a portion of the fees collected in regards to
sales of digital images submitted to ShutterPoint website by Photographer. The portion of
the fees due to Photographer is defined as the Commission Rate, which is set as a percentage of the sale
price of each image that has been sold provided the sale was not nullified or refunded
for any reason. The rate schedule is as follows: standard license purchase yields 70% commission, full
license purchase yields 85% commission. Photographer acknowledges that the Rate is subject to change
in the sole discretion of ShutterPoint. In the event of the Rate change, We will provide a notice in
advance by posting such changes on the Website.
ShutterPoint will make payments of fees due to Photographers in regards to sales of the
digital images during the first and third week of every calendar month provided payable
amount aggregates a minimum of US $50.00 or more, as specified by each Photographer.
Any sales proceeds not reaching the minimum will be retained until they exceed such minimum,
or the Photographer's account expires, whichever comes first. In the event the Photographer's account
expires with the balance lower than $5.00, the balance will be forfeited.
Before compensation for each new sale becomes eligible for payout, the 30 day holding period must elapse.
ShutterPoint reserves the right to collect surcharge in the amount of US$1.00 for processing payouts
sent by mail. ShutterPoint agrees to process payouts
free of surcharges when Photographer elects to receive payments via PayPal service. Processing
surcharges are subject to change without prior notice.
ShutterPoint is entitled to make adjustments and corrections against any amount owing
to Photographer in the events of, but not limited to resolution of any matter which is
the subject of a representation, warranty or indemnity of Member under this Agreement,
any refunds of any feeds or payment chargebacks in regards to images submitted by
Photographer, and cancellation of prior sales for any reason in regards to images
submitted by Photographer.
Submissions to the Website
A. DIGITAL IMAGES -
By submitting any digital image files through this Website,
You warrant and represent that You own or otherwise control the
legal rights necessary to sell these digital images. Any violations of this
rule may result in immediate termination of Your account. By submitting
digital image files to ShutterPoint.com Website You are authorizing
ShutterPoint.com, its employees and affiliates, to store, resize, copy,
distribute, transmit, display, reproduce, transfer, access these files on the
ShutterPoint.com Website and any computer systems owned or
rented by ShutterPoint.com for any purposes we in our sole
discretion, find necessary, which include but not limited to, normal Website
operation, automatic or manual image manipulations such as resizing for
internet viewing, cropping, annotations, and watermark stamping.
By submitting any digital image files you also authorize using them to
promote and market ShutterPoint.com in both print or electronic media (each member can opt out of participating in this provision).
Additionally, by submitting any digital image files to the Website,
You are granting ShutterPoint.com the right to sell Your image files on Your behalf on
the royalty-free basis and granting the buyer of image files the rights to
use them according to the terms defined in the
Royalty-Free Full Commercial Use License Agreement that is available at
Royalty-Free Full Editorial Use License Agreement that is available at
applicable for each image. In addition, standard versions of Commercial and Editorial licenses are also available.
You can choose to offer Standard Commercial Use and Standard Editorial Use as well, as defined at
Submission of pornographic or offensive images is strictly forbidden. We allow
tasteful erotic photography, and our decision on whether any particular
image is of the erotic or pornographic nature will be sole and final.
Submission of images displaying copyrighted logos or trademarks is not allowed.
Furthermore, all submissions must comply with Submission Guidelines that can be found at
We reserve the right to remove any image that we at our sole discretion, find offensive, violating the terms
of this agreement or submission guidelines, or inappropriate in any other way. ShutterPoint.com incorporates
the strong and moderate adult content filtering technology that can automatically block display of Your images to
Members or visitors who chose to utilize this technology while accessing the Website.
If you submit any image of adult content nature, or otherwise inappropriate for general viewing, you are required to
assign keywords accurately describing the image, and place it in the appropriate categories. Images containing nudity
must be accompanied by an adult model release form for each recognizable and identifiable model.
B. FEEDBACK - Any comments or information that You provide
to the Website, for example testimonials, feedback about content, suggestions,
ideas, concepts, questions, requests, or other information (collectively "Feedback"), is not
deemed confidential and ShutterPoint.com is free to reproduce, use, disclose, and
distribute Feedback to others, without any limitation. You agree that
ShutterPoint.com is free to use Feedback for any purpose whatsoever, including
without limitation, developing and marketing services incorporating Feedback
without any obligation or payment to You.
C. RATINGS AND COMMENTS - Any ratings and comments of any
member-contributed content You submit to the Website, becomes property of
ShutterPoint.com and treated as public information that may be associated with
Your account and Your name. No insults, profanity, offensive or intolerant remarks are
permitted while submitting comments, and if discovered, these
submissions will be removed.
D. FORUM POSTS AND PRIVATE MESSAGES - Any posting to the Website's Forums
area, as well as any private message to any Member You may choose to submit to this Website
becomes property of ShutterPoint.com and is treated as public information that may be
associated with Your account and Your name.
E. PHOTO REQUESTS - Any photo requests You may choose to submit to
this Website become property of ShutterPoint.com and treated as public information that may
be associated with Your account and Your name. By submitting photo requests You certify Your
intention to locate digital images that satisfy the requirements in the body of Your request,
and Your willingness to purchase the license to use the submitted images if they are deemed
satisfactory to Your requests. You are under no obligation to purchase photos submitted for
Your photo requests or otherwise presented at ShutterPoint.com. Photo requests may be removed
from the Website after they get closed or expired.
This section is inapplicable to any personally identifiable information that You
provide in connection with Your registration for our Service(s) with the
exception of the first name, last name and Username, which are treated as
public or non-personally identifiable information and
therefore can be used according to the rights outlined above.
For terms and conditions governing use of other registration information,
language contained in these Terms of Service concerning use of such information.
Personal and Non-Commercial Limitation of Use
Users may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
contents, including any elements of this Website's code, design and
Member-submitted digital images, of this Website unless it was
specifically designated as purchasable content and purchased via
Commercial Limitation of Use
Use of digital image files purchased via ShutterPoint.com complies with the
rules set forth in either:
a) Royalty-Free Full Commercial Use License Agreement that is available at http://www.shutterpoint.com/Commercial-Royalty-Free-License-Full.cfm
b) Royalty-Free Standard Commercial Use License Agreement that is available at http://www.shutterpoint.com/Commercial-Royalty-Free-License-Standard.cfm
c) Royalty-Free Full Editorial Use License Agreement that is available at http://www.shutterpoint.com/Editorial-Royalty-Free-License-Full.cfm
d) Royalty-Free Standard Editorial Use License Agreement that is available at http://www.shutterpoint.com/Editorial-Royalty-Free-License-Standard.cfm
as applicable for each image.
Disclaimer of Warranties and Limitation of Liability
A. MEMBER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT HIS OR HER SOLE RISK.
NEITHER SHUTTERPOINT.COM, ITS AFFILIATES, CONTEND PROVIDERS, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS
THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE PRODUCTS, SERVICES, OR RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE.
B. THIS WEBSITE AND ITS PRODUCTS AND SERVICES ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION
APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SHUTTERPOINT.COM IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES OR
OTHER USERS OF THE WEBSITE AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS
ENTIRELY WITH EACH USER.
D. IN NO EVENT WILL SHUTTERPOINT.COM OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING, ADMINISTERING, OR DISTRIBUTING THIS WEBSITE
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSSES) ARISING OUT OF
THE USE OF OR INABILITY TO USE THIS WEBSITE, ITS SERVICES OR PRODUCTS, OR OUT OF
THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.
E. SHUTTERPOINT.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR
THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS WEBSITE. UNDER
NO CIRCUMSTANCES WILL SHUTTERPOINT.COM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
A MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS
WEBSITE OR PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE.
F. SHUTTERPOINT.COM DOES NOT ENDORSE, WARRANT, OR GUARANTEE
ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE AND WILL
NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL
SHUTTERPOINT.COM, ITS AFFILIATES, PARTNERS, AND CONTENT PROVIDERS, OR ANY OF
THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
(a) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY
(b) THE DOWNLOADING OF ANY FILES OR SOFTWARE OWNED OR OPERATED BY ANY THIRD
PARTY IN CONNECTION WITH THE SERVICE.
H. MEMBER AGREES THAT THE LIABILITY OF SHUTTERPOINT.COM, ITS
AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS
WEBSITE OR THE INFORMATION IN THIS WEBSITE SHALL NOT EXCEED THE AMOUNT
MEMBER PAID TO SHUTTERPOINT.COM FOR USE OF THIS WEBSITE. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
Member agrees to indemnify and hold ShutterPoint.com, its staff, its agents and
its contributors harmless from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from Member's use of this Website or
from Member's violation of these Terms of Service or any third party's
rights including but not limited to copyright, property, and privacy
rights. This indemnification and hold harmless obligation will survive these
Terms of Service and Member's use of this Website.
Links to Third-Party Sites
This Website contains hyperlinks to other Websites operated by parties other than
ShutterPoint.com, and other resources and advertisers. Such hyperlinks are provided
for Member's reference only. Since ShutterPoint.com has no control over such sites
and information, we are not responsible for the availability of these external sites
nor is it responsible for any of the
contents, advertising, products, or other materials on such external sites.
Our inclusion of hyperlinks to such Websites does not imply any endorsement of
the material on such Websites or any association with their operators. Under no
circumstances shall ShutterPoint.com be held responsible or liable, directly or
indirectly, for any loss or damage caused or alleged to have been caused in
connection with the use of or reliance on any content, goods, or services
available on such external site. Any concerns regarding any external link should
be directed to its respective site administrator or webmaster. ShutterPoint.com
is not responsible for the accuracy, legality, decency or copyright compliance
of material contained in sites linked from this Website.
Forums (Discussion Boards)
This website contains Forums (Discussion Boards) aimed to help Mebmers collaborate.
To post messages in the Forums, You must be the registered Member. By using the
Forums, you agree to abide by the following terms:
1) Any message posted on our forums expresses only the views of the author of the message and does not necessarily reflect the views of these forums or any person or entity associated with them. These Forums use moderators and administrators to monitor the content and appearance of messages posted in our forums. However, considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message. Therefore, you agree that neither these forums, nor any person or entity associated with them, will be held responsible for the contents, accuracy, completeness or validity of any information posted in them.
2) You agree that you will not use our forums to post any material, or links to any material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, aimed against business interests of ShutterPoint, or otherwise in violation of any law, directed either at other people and organizations, or ShutterPoint and its administration.
3) You agree that you will not post promotional information for a commercial website for which you are an affilliate, employee, owner, or otherwise receive financial benefit from. Members who breach this provision are authorizing ShutterPoint.com to charge them the sum of $1000.00 in advertising fees plus any collection and legal fees involved in collecting the debt.
4) You agree that you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you. Advertisements, chain letters, pyramid schemes, and solicitations are also inappropriate on these Forums.
5) We have the ability to edit and/or remove objectionable messages. Any user who believes that a posted message is objectionable is encouraged to contact us immediately via Help and Support link on the bottom of each page. Upon receipt of such notification, we will make every effort to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately.
6) These Forums reserve the right to edit or delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless these Forums, ShutterPoint.com Photography, FuseTalk Inc. (the software manufacturer) and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).
7) In the event of any complaint or legal action arising from any message posted by you, these Forums reserves the right to reveal your identity and any other information we may know about you.
Copyright, Trademarks and Limitations of Use
The information and content included on this Website, including without
limitation, text, graphics, images (except submitted by our Members), animations,
computer programs, data, designs, logos and button icons, and its arrangement is
the property of ShutterPoint.com or its licensors or contributors and is
protected by copyright and other applicable laws, treaties, and conventions. All
rights reserved. Information received through this Website
may be displayed, reformatted, and printed for Member's personal,
non-commercial use only. User agrees not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the information or content
received through this Website to anyone, including but not limited to others in
the same company or organization, without the express prior written permission
Certain names, logos, and/or phrases on these pages may constitute trademarks
and/or copyrights of ShutterPoint.com, ASE Research Corp. or its clients. The
mark "ShutterPoint.com" and the contents of this Website (except
submitted by our Members) are the sole property of
ASE Research Corp. Reproduction in whole or in part is strictly
prohibited without explicit written permission. ShutterPoint.com is
a trademark of ASE Research Corp. All other trademarks appearing on this
Website are the property of their respective owners, including, in some
instances, ASE Research Corp.
Content submitted to this Website by any Member is assumed to be a copyrighted property of a
Member who submitted it. ShutterPoint.com cannot be held responsible for any issues that
may arise due to possibility of any copyright infringements or other violations by the
Modification of These Terms and Conditions
ShutterPoint.com shall have the right at any time to impose, change, or modify
the terms and conditions applicable to Member's use of this Website, or any part
thereof, including, but not limited to, content, hours of availability, and
equipment needed to access the Website. ShutterPoint.com shall have the right at
any time to impose new terms and conditions. Such changes, modifications,
additions, or deletions shall be effective immediately upon notice thereof,
which may or may not be given by means including, but not limited to, posting on
the Website a revised version of this document, and notification by electronic
or conventional mail. If any such change is unacceptable to Member, Member may
terminate his or her membership account as provided in the section below. Any
use of this Website after such notice (other than to terminate membership
pursuant to the section below) shall conclusively be deemed to constitute
acceptance by Member of such changes, modifications, additions, or deletions.
User agrees to review the terms and conditions periodically to be aware of such
revisions. Member may also be subject to additional terms and conditions imposed
by third-party content providers in connection with third-party content,
software, or services.
We are striving to provide our Members with the best service, however
if for any reason a Member is not satisfied, a refund of the contributor's subscription
fees can be requested.
a) Once the Photographer's storage space subscription is established, renewed or
extended, or storage space is added to Photographer's account, We will accept the
Photographer's claim for refund of subscription fees within 14 calendar days after the
fees were collected. After the refund is processed, the Photographer's account will
return to the same state as it was before the refunded fees were paid.
b) Once the digital image or any other content has been purchased from ShutterPoint under the
Terms of Commercial Use License Agreement or Editorial Use License agreement,
We will accept the Photo Buyer's claim for refund of fees paid for the digital content
within 14 calendar days after the payment was processed, provided the Photo Buyer has
not made any licensed use of the Image. We cannot be responsible for user errors or mistakes, or
unintentional purchases. We reserve the right to withhold up to $10 from the refunded amount to cover
order cancellation efforts and transaction fees. We reserve the right to deny the refund requests based on
our sole final discretion. After the refund is processed, the
Photo Buyer must immediately remove all copies of the image obtained from ShutterPoint.
Refunds void the royalty-free use license immediately. As a reminder,
there are severe legal penalties for unauthorized use of copyrighted images or
any other digital content.
To claim a refund of fees paid within the last 14 calendar days, notify ShutterPoint.com via web support request
form at http://www.shutterpoint.com/Help-ContactUs.cfm
If refund is requested by e-mail, be sure the e-mail message originates from the same
address you registered with us and you include your username with your request.
1. Any registered Member or ShutterPoint.com may terminate the membership at any time.
ShutterPoint.com will exercise its right to terminate memberships only
(a) in the event of violation of any Terms of this agreement;
(b) as the result of consistent and severe abuse of Rating Rules and Photo Submission Guidelines;
(c) for acting against the business interests or reputation of ShutterPoint.com;
(d) otherwise acting unlawfully in relationship to ShutterPoint.com. In most cases,
ShutterPoint.com will attempt to warn a member via e-mail about member's actions
before terminating membership.
Member's only right with respect to any dissatisfaction with
- any terms and conditions of these Terms of Service, or any policy or practice of ShutterPoint.com in operating this Website,
- content available through this Website or any change therein, or
- amount or type of any fees or billing methods, or any change thereof,
is to terminate the membership by notifying ShutterPoint.com via web support request form at
and request termination of Service.
Upon termination, no fees or monies paid by Member to Website will be refunded
unless termination is initiated by Member within the time period qualifying for
refunds (see Refunds section), and all digital photographs, ratings, comments, and messages
submitted by Member to our servers will be deleted, regardless of the side initiating the act of
termination. Member's notice of termination will be effective upon receipt by
ShutterPoint.com. We have no obligation to provide Member with notice of
termination or refund.
2. This Site reserves the right to refuse Service to anyone or any company for any reason.
If the Site refuses to provide its Service to a registered Photographer, We will
close the Photographer's account issue the Photographer a refund for the cost of the unused storage space
subscription in the Photographer's account, and pay out any photo sales
proceeds. If the Site refuses to provide its Service to a registered Photo
Buyer, We will close the Photo Buyer's account.
3. The terms of the sections of these Terms of Service entitled "Copyright, Trademarks And Limitations of Use"
and "Disclaimer of Warranties and Limitation of Liability", shall remain in
effect after these Terms of Service have been terminated.
4. In the event of expired subscription (when Member fails to pay for storing the
digital image files past the subscription expiration date), all Member's files
will be removed and membership will be terminated.
Each Member shall be responsible for obtaining and maintaining all telephone or
network, computer hardware and other equipment needed for access to and use of
this Website, and Members shall be responsible for all charges related thereto.
Personal data provided by each Member to ShutterPoint.com will be used only in
connection with Services provided on this Website and will not be given to others. We use Your
personal data for statistical reports and for the purpose to make improvements to the