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Terms and conditions
By using the Peershots service you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Peershots LLC ("Peershots") operates a global marketplace for stock media. Peershots's customers pay a fee to license content from the Peershots websites (collectively, "Peershots Websites").
This Terms of Use or also known as Terms of Service ("TOS") is a legally binding, non-exclusive agreement between you and Peershots. Please read the TOS carefully and be sure you understand it fully. The TOS describes and controls your legal relationship with Peershots, the rights you are granting to Peershots in any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or other media together with any associated keywords, metadata, and/or titles submitted by you to Peershots (collectively, "Content"), and the uses Peershots may make of the Content.
1. Basic Terms
- You must be 17 years or older to use this app/web service.
- To receive redemptions through PayPal you must be at least 18 years or older per PayPal’s policy; if you are not 18 years of age you are advised to transfer your rewards to a parent’s or guardian’s PayPal account.
- You may not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate, or intimidate other Peershots users.
- You may not use the Peershots service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, and links ("Content") that you submit, post, and display on the Peershots service.
- You must not modify, adapt or hack Peershots or modify another website so as to falsely imply that it is associated with Peershots.
- You must not access Peershots's private API by any other means other than the Peershots application itself.
- You must not crawl, scrape, or otherwise cache any content from Peershots including but not limited to user profiles and photos.
- You must not create or submit unwanted emails or comments to any Peershots members ("Spam").
- You must not use web URLs in your name without prior written consent from Peershots LLC.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of Peershots, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your Peershots account. While Peershots prohibits such conduct and content on its site, you understand and agree that Peershots cannot be responsible for the Content posted on its app/website and you nonetheless may be exposed to such materials and that you use the Peershots service at your own risk.
2. Overview
- By submitting any Content to Peershots, you grant to Peershots a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, sublicense, sell, advertise and market any Content uploaded by you and accepted by Peershots, until this Agreement is terminated as herein provided. You also give permission to Peershots to add, modify or remove information related to your Content in order to manage and license such Content.
- You grant Peershots a worldwide, non-exclusive right to use your name, display name and Content in connection with Peershots's marketing and promotional activities without the payment of any compensation to you. Peershots, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to you.
- Peershots shall have the right, but not the obligation, to license all Content to its customers for use in accordance with license agreements entered into by Peershots, including but not limited to Peershots LLC Terms of Service License Agreements (collectively, "Licenses").
3. General Conditions
- We reserve the right to modify or terminate the Peershots service for any reason, without notice at any time.
- We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith, and using common sense and reasonable judgment.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username that becomes inactive, violates the trademark, or may mislead other users.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
- We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claims or trademark on those usernames.
4. Proprietary Rights in Content on Peershots
- Peershots does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Peershots Services. By displaying or publishing ("posting") any Content on or through the Peershots Services, you hereby grant to Peershots a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Peershots Services.
- Some of the Peershots Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Peershots may place such advertising and promotions on the Peershots Services or on, about, or in conjunction with your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.
- You represent and warrant that: (i) you own the Content posted by you on or through the Peershots Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Peershots Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owed any person by reason of the Content you post on or through Peershots Services.
- The Peershots Services contain Content of Peershots ("Peershots Content"). Peershots Content is protected by copyright, trademark, patent, trade secret, and other laws, and Peershots owns and retains all rights in the Peershots Content and the Peershots Services. Peershots hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Peershots Content (excluding any software code) solely for your personal use in connection with viewing the App/Site and using the Peershots Services.
- The Peershots Services contain Content of Users and other Peershots licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Peershots Services.
- Peershots performs technical functions necessary to offer the Peershots Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Peershots Services.
- Although the Site and other Peershots Services are normally available, there will be occasions when the App/Site or other Peershots Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Peershots. Also, although Peershots will normally only delete Content that violates this Agreement, Peershots reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Peershots in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Peershots encourages you to maintain your own backup of your Content. In other words, Peershots is not a backup service. Peershots will not be liable to you for any modification, suspension, or discontinuation of the Peershots Services, or the loss of any Content.
5. Ownership of Content
The copyrights in all Content remain with the copyright owner, and nothing in the TOS shall be construed as a transfer of copyright to Peershots. However, by submitting Content to Peershots, you expressly waive any artists' authorship rights or any droit moral that you would otherwise have under the laws of the State of California, United States Copyright Act, or similar laws of any jurisdiction, so that customers may use your Content in accordance with the Licenses issued by Peershots.
6. Releases
- You agree to provide valid and accurate model releases for all Content you contribute to Peershots at the email support@peershots.com that, in Peershots's judgment, contains an identifiable face or identifiable human figure or other identifiable attributes including, without limitation, voice, appearance, or likeness. You also agree to provide valid and accurate property releases to Peershots for all Content that requires such releases, which determination shall be made in Peershots's sole discretion. All releases shall be electronically delivered to Peershots with the Content. Content without a release that depicts an identifiable person and/or requires a property release may be accepted for "Editorial Use Only" by Peershots in its sole discretion.
- You agree that you are solely responsible for retaining all original releases and maintaining complete and accurate release records.
- The submission of falsified, inaccurate, or otherwise defective model releases is a material breach of the TOS. Releases submitted by you shall not contain any terms inconsistent with the TOS or contain any restrictions not contained in the Peershots releases located at the Peershots Help Center (/help/).
- You agree that Peershots may furnish copies of releases to customers, as necessary, in order to respond to any potential or actual legal action, to comply with applicable laws, regulations, and/or union reporting requirements, or any other reason Peershots deems reasonable in its sole discretion.
- You agree that all Content submitted by you for "Editorial Use Only" shall faithfully depict the subject and be accompanied by accurate titles and keywords. You also understand and agree that certain "Editorial Use Only" Content may require an attestation of authority from a third-party granting the Contributor's right to record such Content (a "Credential"). You will provide Peershots evidence of such Credentials upon request.
- You agree that Peershots may permit Content designated "Editorial Use Only" to be used in a non-Editorial manner at Peershots's sole discretion (e.g., Peershots may permit a customer to use Content designated "Editorial Use Only" for commercial purposes where the customer obtains the necessary rights and clearances for such use).
7. Accounts
- You agree to provide true and complete information relating to your Peershots account and Content, including but not limited to information relating to the date and location in connection with the creation of the Content;
- By opening a Peershots account, you express your consent to the Peershots Privacy Policy, which is incorporated herein by reference and governs Peershots's collection, processing, storage, and transfer of the Content and data submitted by you, including data relating to you, your account, your Content or other information related to the foregoing ("Personal Data"). You agree that your Personal Data may be collected, processed, stored, and transferred to jurisdictions other than your home jurisdiction.
- Peershots has the right to refuse to establish an account or to close any existing account, for fraud, intellectual property infringement, violation of a third party's rights including those of privacy or publicity, artificially inflating downloads, submission of material that is obscene in nature, violent or that might be construed as defamatory, failure to comply with Peershots's guidelines as may be amended from time to time, for any breach of the terms of this or any other agreement that you have with Peershots, or for convenience.
- Peershots will terminate your account no later than ninety (90) days following its receipt of a written request from you. For the sake of clarity, before the termination of your account is made effective by Peershots, your Content will remain available for license by Peershots customers. Notwithstanding the foregoing, in the event that Peershots materially modifies the TOS and does not provide you with prior notice, you may terminate your account within thirty (30) days of the effective date of such modifications.
- You may remove Content from your account at any time, provided that in any ninety (90) day period, you remove no more than (i) 100 items of Content; and (ii) 10% of your Content, whichever is greater.
- If your account is terminated for any reason, you must obtain written authorization from Peershots prior to establishing another account. You may not have more than one active account at any time without the written consent of Peershots in each instance.
- You may not submit identical Content to more than one account without the prior written consent of Peershots.
8. Content
- Peershots has the right to refuse to accept or to remove Content from the Peershots App/Websites for any reason. Peershots will remove Content if Peershots believes that such Content may (in Peershots's sole discretion) subject Peershots or any of its officers, managers, directors or employees to legal action or if the Content violates the TOS. Notwithstanding the foregoing and subject to Peershots's discretion, Content removed by you or opted out by you for any reason may be available for license to those customers that previously downloaded "comp" versions of the removed Content.
- Peershots shall use reasonable efforts to cause Content removed from or opted out from Peershots App/Websites to be removed from the websites of any Peershots affiliates or partners (including co-branded websites) within ninety (90) days of the removal of the subject Content from the Peershots App/Websites.
- Licenses issued by Peershots for any Content that is later removed from the Peershots Websites will remain in full force and effect.
- Peershots may advertise and/or market your Content on social media platforms including Facebook, Instagram, Tumblr, Twitter, and similar sites and the applications related thereto.
9. Usage Restrictions
- Peershots shall have the right to issue a license with respect to your Content. Customers who purchase a license shall have the right to make broader use of your Content. For example, there are no limitations on the number of times a licensed customer can reproduce Content.
- Peershots will not license Content for use in connection with a matter that is pornographic, defamatory or deceptive, or in a manner that could be considered libelous, obscene, or illegal in nature.
10. Content Submission Guidelines
- You agree to follow Peershot’s guidelines, which are deemed incorporated herein and made a part hereof by this reference. The submission of Content that does not adhere to Peershot’s guidelines may result in the termination of your Peershots account.
11. Forum Guidelines
- You agree to follow Peershots guidelines. For example, you may not submit content created in a manner that violates human rights, including but not limited to activities such as debt bondage, forced labor, child slavery, or other oppressive practices. Any activity by you on Peershots's forum which does not adhere to Peershots guidelines may result in the termination of your Peershots account. These terms herein are deemed incorporated into and made a part of the TOS.
12. Compensation
- Peershots shall pay you a reward for each unique download of Content for which Peershots receives payment. The current reward rates are set forth in the details of the rewards below, which are incorporated herein by reference. For the current, "How to earn Peer Ponts", please see the info tab in the Peershots app. You will be notified by PayPal by email once your transaction has been approved. Please note that there may be a delay for customers’ downloads, shares & likes to be reflected in your Peershots account.
- Reward payments and accompanying statements will be issued by PayPal once an in-app request with sufficient funds has been reviewed by Peershots. All accounting is handled by PayPal. Please see PayPal for additional information regarding any accounting, tax, or banking queries. Importantly PayPal requires all users of its accounts to be at least 18 years of age. Therefore, if you are between the ages of 13 to 17 it is recommended you transfer your rewards to your parent’s or guardian’s PayPal account.
- There is a minimum reward payout rate per transaction of i) Five US Dollars (USD 5.00) with electronic payments through PayPal; If you cancel your account prior to redeeming an applicable Payout Minimum, you thereby forfeit such rewards.
- If your account is terminated for a breach of the material terms of the TOS, in addition to its other rights at law or in equity, Peershots shall have the right to retain any rewards and/or other compensation otherwise payable to you hereunder as liquidated damages.
- Peershots may recoup rewards paid to you in connection with refunds issued by Peershots by deducting applicable rewards credited to your account. Credit card chargebacks through in-app purchases will be deducted from your account appropriately. Peershots does not deduct the amount credited to your account for refunds and chargebacks in connection with any license, but it reserves the right to change this policy at any time. Such change shall not constitute a material modification to the TOS. Peershots shall notify you of any such change with an announcement on your login page.
- If Peershots makes an overpayment of rewards or other compensation to you for any reason, Peershots shall have the right to deduct the amount of such overpayment from your accrued rewards or to demand the immediate repayment of such overpaid royalties or other compensation.
- Rewards payments are through an online payment processing service via Paypal to those users 18 years of age or older. For users between 17 years of age, rewards must be transferred to a parent’s or guardian’s PayPal account. You may not share your online payment processing service account with another Peershots user. Peershots's obligation to make payment to you hereunder shall be fulfilled by making payment to the online payment processing service of PayPal through their mass payouts service. For more information on PayPal’s mass payouts please visit www.paypal.com
13. Taxes
14. Peershots Trademarks
- For the purposes of the TOS, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Peershots.
- Nothing contained herein grants or shall be construed to grant you any rights to use any Peershots Trademarks.
- You agree that you will not use Peershots's Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Peershots. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Peershots Trademarks or the Trademark rights claimed by Peershots.
- You agree that you will not use any Peershots Trademarks or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
- You may not at any time, adopt or use, without Peershots's prior written consent any word or mark which is similar to or likely to be confused with Peershots's Trademarks.
- The look and feel of the Peershots Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Peershots and may not be copied, imitated, or used, in whole or in part, without the prior written consent of Peershots.
- You may not frame or hotlink to the Peershots Websites or to any item of Content other than your own without the prior written consent of Peershots.
- All rights in and to Peershots's Trademarks not expressly granted to you hereunder are reserved by Peershots.
15. Copyright Infringement Claims
- You hereby grant Peershots the right and authority to take such steps as Peershots deems commercially reasonable to protect Peershots's rights in the Content.
- In the event that you believe Content has been misused, you shall take no action without providing notice of such misuse to Peershots and receiving Peershots's prior written consent to such action.
- While Peershots takes commercially reasonable steps to ensure that the rights of its Contributors are not violated by customers or other parties, Peershots has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
16. Representations and Warranties
You represent and warrant that:
- you have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder;
- you are under no legal disability or contractual restriction that prevents you from entering into this agreement
- you are at least 13 years of age;
- the Content and all parts thereof are owned and/or controlled by you, unencumbered and original works, and are capable of copyright protection in all countries where copyright or similar protection is available;
- if the Content contains sound recordings, music, and/or lyrics, you own or have acquired all rights to use such sound recordings, music, and/or lyrics from the owner of the copyright in such sound recordings, music, and/or lyrics.
- if the Content consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools, and the like that are included in design programs (e.g., Photoshop, Daz, Illustrator), the end user license agreement, terms of service or the equivalent license held by you permits you to incorporate such elements in Content created by you and to license such Content to Peershots for the purposes set forth herein.
- the Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity.
- you possess valid Credentials for each item of "Editorial Use Only" Content for which credentials may be required.
- there is no suit action or claim or other legal or administrative proceedings now pending or threatened which might directly or indirectly affect the Content or which might in any way impair the rights granted by you hereunder;
- you will not transmit unsolicited emails or engage in so-called "spamming" to publicize or promote your relationship with Peershots or the sale of your Content - nor will you advertise or otherwise publicize your relationship with Peershots, nor will you use Peershots's Trademarks through the use of search engine advertising and/or marketing.
- You acknowledge that such advertising and/or marketing might infringe on the intellectual property rights of Peershots and/or third parties. In addition to its other rights and/or remedies under the TOS, Peershots shall be under no obligation to pay you any referral fees or other compensation if you violate the terms of this subparagraph.
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Peershots represents and warrants that:
it has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder; and
- upon making or learning of any claim that is inconsistent with any of the warranties or representations made by you, Peershots may send you written notice of such claim, using the email address provided by you to Peershots, specifying the details of the claim as then known to Peershots.
- Pending the determination of such claim, Peershots may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Peershots. You will cooperate fully with Peershots in the defense of any such claims. You may participate in the defense of any claim through counsel of your selection at your own expense.
17. Confidentiality
By submitting any Content to Peershots, you acknowledge that you will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments and earnings data (collectively, "Confidential Information"). You agree to keep Confidential Information confidential and to not disclose Confidential Information to any third party other than representatives, agents, attorneys, accountants, auditors, and advisors with a bona fide need to know, who shall first agree to keep the terms confidential.
18. Indemnification
- You agree to indemnify and hold Peershots, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS. You will only be liable for any incidental, consequential, or special damages in the case of third-party claims.
- Peershots shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs, and expenses (including reasonable attorneys' fees and disbursements) arising out of any breach or claimed breach of any of Peershots's representations or warranties or any of Peershots's obligations pursuant to the TOS. Peershots will only be liable for incidental, consequential, or special damages in the case of third-party claims.
- If Peershots is the indemnifying party, it shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay. If you are the indemnifying party, Peershots shall have the right but not the obligation to assume control of any litigation.
When indemnification is sought due to a legal claim by a third party, the indemnified party shall:
- promptly notify the indemnifying party of the claim. If the indemnified party does not notify the indemnifying party, the indemnifying party must still meet its indemnification obligations under the TOS, unless the failure to notify causes material prejudice to the indemnifying party; and
- give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. Counsel that is acceptable to indemnifying party's errors and omissions insurance carrier shall be deemed to be acceptable to the indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defense of any claim, at the indemnified party's expense. If for any reason the indemnifying party does not elect to or fails to defend a claim, the indemnified party may do so at the indemnifying party's sole expense
19. Miscellaneous
- The relationship of the parties is that of independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties.
- The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to the such subject matter.
- The validity, interpretation, and enforcement of the TOS, matters arising out of or related to the TOS or its making, performance, or breach, and related matters shall be governed by the internal laws of the State of California (without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation, and enforcement of the TOS, matters arising out of or related to this TOS or its making, performance or breach, or related matters shall be brought exclusively in the courts of the State of California in the County of San Diego and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
- If any individual term of the TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the TOS, so that the TOS shall otherwise remain in full force and effect. The TOS shall be binding upon and shall inure to the benefit of each party and their respective legal representatives, successors in interest, and permitted assigns.
- Peershots will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your Content or the termination of your account.
- Please note that Peershots reserves the right to modify these terms at any time by an announcement on your login page. You agree to be bound by all such changes. If you do not agree with any of the changes, please remove from Peershots, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.
- In the event that you breach any of the terms of this or any other agreement with Peershots, Peershots shall have the right to terminate your account without further notice, in addition to Peershots's other rights at law and/or equity.
- It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
By submitting any content to Peershots and/or by participating in the forums, you agree to be bound by this TOS, Peershots's Terms of Use, and Peershots's Privacy Statement, incorporated in this body of reference.
We hope you enjoy this global app!