Shootsurf Terms and Conditions

At Shootsurf we love photography and surfing. We have developed this platform for surfers and surf photographs.

The use of shootsurf has to respect the following conditions.

E-commerce activities

Commission

Use of Shootsurf is entirely free to users, indeed, surfers and photographs can do the following for free:

Upload photos (unlimited)
Compose albums with any photos on the site
Create a profile to present their photos to the world

Shootsurf perceives a commission when sales of photos happen on the website.

This commission is based on the sales price of the photo which is set by the photograph.

This commission pays Shootsurf in exchange for the service offered to the photograph: the possibility to display and sell her pictures without any fees.

This commission evolves depending on the number of photos sold by the photograph. The more you sell, the less we take.

Shootsurf has all rights to modify the commission rate at all time, but Shootsurf will warn all account holders at least one week in advance.

Billing

Shootsurf will distribute all products of one's photo sales (sale price - commission) on a monthly basis as long as the total sales amount (after deduction of discounts and the shootsurf commission) exceeds a certain threshold.

This threshold is currently set to 30 euros, but Shootsurf has the right to modify this threshold at anytime.

In which case, Shootsurf will warn all account holders at least one week in advance.

The user chooses a preferred payment method (currently paypal or cheque). These two methods imply fees that are deducted from the total amount owed to the user (bank fees when accounts are in different countries, postage fees for cheques, paypal commission fees). These fees can evolve at all time.

In which case, Shootsurf will warn all account holders at least one week in advance.

Discounts

Shootsurf aims at making the surf photo market as easy and fair as possible.

Because photographs are used to offering a cheaper price for buyers that want more than one photo from the same photo shoot, we have developped Shootsurf so that discounts apply when you buy more than one picture from the same album.

For every additional photo from the same album, the user will benefit from a discount proportional of the photo price. The more photos you take, the cheaper the photo unit price gets.

Photographs don't worry!!!! Users won't buy additional photos for nothing... There is a threshold that the discount's percentage cannot exceed.

Shootsurf has the right to modify the numbers at all time. In which case, Shootsurf will warn all account holders at least one week in advance.

Basic percentage for the discount:
Incremental percentage for each additional picture:
Threshold that cannot be exceeded:

Return of goods

Photos are not tangible goods, and we provide the users with all the information they need to make a purchase decision: the actual view of the photo, and the weight of the high definition picture.

Furthermore, photos as any digital goods are subject to copies.

This is why we won't accept any cancellations of orders.

Licences and price

When you publish an album, the user accepts to sell the picture in exchange of a licence granting the buyer certain rights:

The seller can give the price she wants to all the photos of the album. She gives two different prices for each photo, referring to two different licences:

a licence for personal use of the photo
a licence for professional use of the photo

Intellectual property

Website access:

The site or a portion of the site cannot be reproduced, duplicated or sold in a commercial purpose without written agreement from Shootsurf.

Data protection:

When you create a Shootsurf account, you are responsible for the confidentiality of your account and are responsible for all activities happening within your account.

You will warn Shootsurf for any unauthorised used of your account or any other safety issue that you are aware of.

Shootsurf will make every possible effort to avoir loss or alteration of data that we control.

all passwords used in Shootsurf are crypted and we outsource the website hosting and the payment system to the most respected players of the industry.

However, we cannot guarantee that these measures will successfully prevent all attempts of illegal accesses from "hackers".

Shootsurf's content

Photos:

All photos displayed in Shootsurf in the large format will be marked by a "copyright" sign. Users cannot use the photos differently than what is provided on Shootsurf and absolutely cannot remove or hide the "copyright".

Shootsurf is a surf photo website and therefore only accepts photos representing the surf.

Shootsurf has the right to delete the account of any user that doesn't respect the terms and conditions.

Shootsurf doesn't own the photos uploaded on the site by users.

When users upload photos on Shootsurf, they grant us the right (royalty free) to publish, distribute and show the photos the way we think appropriate, including the right to associate information from your account with the photos you uploaded, commented and tagged.

You also accept that in order to maintain a flawless service, we can keep back ups of the content of the site.

You guarantee that you own the content that you upload or at least have the right to publish it, that the use of the content you upload doesn't go against the terms and conditions and won't cause prejudice to any physical or moral person. You also agree that you will finance all charges resulting of complaints related to the content you uploaded.

Shootsurf has the right to delete or modify any type of content at will.

Shootsurf has no liability whatsoever in relation with the content provided by the users.

Complaints regarding intellectual properties

Shootsurf respects the rights to intellectual property.

If you believe that your work was copied in a way that breaks intellectual property laws, please contact us at the following address: copyright@shootsurf.com.

You will need to provide the following information:

1) Identify the work protected by the intellectual property whose rights were breached.

2) Identify the material that you think is illegal with sufficient detail (ideally its unique url) so that we can locate it on the site.

3) A sentence that indicates you believe the use of the work protected by intellectual property is prohibited by the owner of the work, its agent or the law.

4) Sign the above sentence

5) Your postal address, email address and phone number.

Shootsurf will then forward your information to the person to whom the complaint is directed.

Privacy

We collect information that users provide on the site when they use their shootsurf account.

This information will never be sold to any third party.

Electronic communications

When you use Shootsurf and when you send us emails for any reason, we communicate by mean of electronic devices. Therefore you accept receiving communication by mean electronic devices from Shootsurf. We will communicate with you using the email address of your account.

You agree that all information and any communications provided by Shootsurf by email satisfies all legal criterias, as much as a physical communication.

Liability

The website is provided by Shootsurf as is. Shootsurf doesn't offer any guarantee regarding the good functionning of the website, or its contents.

You expressly agree that your use of Shootsurf will be at your own risk.

Shootsurf is not liable for content posted by users

Shootsurf is not liable for the safety and integrity of the website data

Indemnity

The users agree to cover all costs engage by Shootsurf in case of legal pursuits related to you, your account, or your content.

Modifications of Terms and Conditions

Shootsurf can modify these Terms and conditions.

INFORMATION