Welcome to Shutterturf.com
The following terms and conditions (these "Terms of Service"), govern your access to comissionand use of the Shutterturf website, including any content, functionality and services offered on or through www.shutterturf.com (the "Site"), by Shutterturf Private Limited (UEN 201904267D, 6 TANJONG RHU ROAD #08-01 THE LINE @ TANJONG RHU SINGAPORE 436883) (“Shutterturf”), as applicable (collectively, "Shutterturf" "we" or "us").
This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site or the Shutterturf services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
If you have any questions regarding the Site or Terms of Service, please contact our customer service by email us at [email protected]
- Buyers are users who purchase services on Shutterturf.
- Disputes are disagreements experienced during an order between a Buyer and photographer on Shutterturf.
- Shutterturf Balance is the aggregated amount of your Revenue as a photographer and/or returned payments from cancelled orders as a Buyer.
- Shutterturf Credits are credits that Shutterturf may provide users to be used only for purchases on Shutterturf, subject to these Terms of Service or any other applicable laws and/or terms.
- Add-ons are additional services offered by the photographer on top of the package offering for an additional price defined by the photographer.
- Package is the way services are offered on Shutterturf. Packages are created and set by Shutterturf including the package offerings and the terms and conditions that govern that package. However, packages are serviced by photographers and the package price, delivery time, add-ons and cancellation policy for the package is also set by the photographer.
- Package Price is the price at which the photographer wants to provide the services to the buyer for a particular package.
- Package Offering is the list of services that a buyer is entitled to when he buys a package.
- Package Terms are the terms and conditions that govern a package offering.
- Package List is the list of packages created by Shutterturf across different categories..
- Enrol is the way a photographer can provide services on Shutterturf. If the photographer is in agreement with the package offerings and terms set by Shutterturf, the photographer can enrol to the package which means that they can now provide services to the buyer, if the buyer selects that package.
- Package detail page is where all the details for a package are mentioned, including the package offering ,package terms, and all the photographers enrolled to service that package.Furthermore, if the buyer wants to buy the package, he needs to select a photographer to service the package and then create an order.
- Order Page is where buyers and photographers, both can each see the order details, including the package offering, package terms and and any add-ons services, if purchased,
- Orders are the formal agreement between a buyer and photographer after a purchase was made on Shutterturf.
- Payment Services Provider(s) are service providers that provide payment services to buyers and photographers in connection with the Shutterturf platform, including with respect to collection of funds from buyers in connection with the purchase of packages, remittance and withdrawal of funds to photographers in connection with completed orders, and the holding of funds in connection with Shutterturf Balances.
- Revenue is the money that photographers earn from completed orders and can withdraw.
- Photographers are users who offer and provide photography services on Shutterturf.
- Photographers Profile page is where all the User generated content by the photographer is uploaded, including photographers and videos.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Shutterturf. Registration is free.
- Buyers pay Shutterturf in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Pay button found on a confirm your photoshoot page..
- For fees and payments please read the purchasing section here.
- Photographers must fulfil their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect photographers’ reputation and status.
- Photographers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including authority badges etc.
- Users may not offer or accept payments using any method other than placing an order through Shutterturf.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the photographer as an additional charge (through Add-Ons) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- Shutterturf retains the right to use all published delivered works for Shutterturf marketing and promotion purposes.
- Photographers enrolled to packages on Shutterturf to allow buyers to purchase their services.
- Each order you sell and successfully complete, accredits your account with a net revenue of 88% of the purchase amount.
- Shutterturf accredits photographers once an order is completed. See our "Orders" section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the buyer’s Shutterturf Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 10 days after the order is marked as complete.
- Photographers may withdraw their revenues using one of Shutterturf’s withdrawal options (see Withdrawal Section below regarding payment terms).
- The photographer's rating is calculated based on the order reviews posted by buyers. High ratings allow photographers to obtain advanced photographer levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the photographer’s account.
- For security concerns, Shutterturf may temporarily disable a photographer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple Shutterturf accounts to a single withdrawal provider.
- Photographers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. photographers represent and warrant that they comply, and will comply at all times with their obligations under income tax provisions in their jurisdiction. The package price shown on the package detail page is inclusive of all such taxes and charges that may apply to the photographers.
- Appointment as Limited Payment Collection Agent: Photographer hereby appoints Shutterturf as photographer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from buyer, and remitting those payments to photographer. Photographer agrees that payment from buyer to Shutterturf shall be considered the same as payment made directly to the photographer. buyer’s payment obligation to photographer will be satisfied upon receipt of payment by Shutterturf (or its Payment Services Provider, as applicable), and Shutterturf (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the photographer in the manner described in these Terms of Service. In the event that Shutterturf (via Payment Services Provider) does not remit any such amounts to photographer, the photographer will have recourse only against Shutterturf and not the buyer directly. Photographer agrees that Shutterturf may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to buyers that Shutterturf may deem necessary or prudent.
- Shutterturf partners with Payment Services Providers for purposes of collecting package-related payments from buyers, transferring such payments from buyers to photographers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Shutterturf platform are performed by Shutterturf’s Payment Services Providers.
- Profile and Add-ons created on Shutterturf are User Generated Content.
- User generated content and/or users may be removed by Shutterturf from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Services that extend beyond 90 days of service duration
- Promoting Shutterturf and/or Shutterturf services, including packages through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- User generated content that are removed for violations mentioned above, may result in the suspension of the photographer’s account.
- User generated content that are removed for violations are not eligible to be restored or edited.
- User generated content may be removed from our Search feature due to user misconduct.
- User generated content containing websites promoting content, which violates Shutterturf’s Terms of Service, will be removed.
- Photographers are required to have an appropriate portfolio of images / videos related to the service offered. Photographers must deliver the same quality of service as shown on their portfolio. Recurring deliveries that don’t match the quality shown on the portfolio and profile images may lead to the photographer’s account losing photographer status or becoming permanently disabled.
- Statements on the Photographers profile page that undermine or circumvent these Terms of Service is prohibited.
- Add-Ons are additional services offered on top of the package offreing for an additional price defined by the photographer.
- Add-Ons may be removed for violations of our Terms of Service. For specific terms, please see the section above for a list of services that violate our Terms of Service.
- Services offered through Add-Ons must be related to the package offering and part of the deliverables on the order.
- Add-Ons may cover different categories of services that are components to a higher quality delivered service.
Shutterturf is all about helping photographers leverage their skills. We seek to empower top performing photographers with helpful tools to grow their business. Photographers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Shutterturf may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Shutterturf photographers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels are updated periodically
- The current Levels a photographer can achieve are, Level 1, 2, and Top Rated.
- Photographers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their photographer status and the benefits that come with it. For example, late deliveries, warnings to the photographer’s account and cancellations can cause a photographer to move to a different Level.
- Advanced levels provide their owners with additional benefits.
Top Rated photographers
- Top Rated photographers are chosen manually by Shutterturf through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated photographers gain access to more extensive features than previous levels.
- Top Rated eligibility is constantly evaluated by Shutterturf to ensure that the quality standards and expectations of the Top Rated selection is kept. Shutterturf retains the right to change a Top Rated photographer status in light of such evaluation. In addition, Top Rated photographers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.
- To withdraw your revenue, you must have an account with at least one of Shutterturf's Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Shutterturf’s Payment Services Provider. All payment services, including withdrawal services will be provided by Shutterturf’s Payment Services Provider.
- Your Shutterturf profile can be associated with only one account from each Shutterturf withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Shutterturf profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- You may not offer direct payments to photographers using payment systems outside of the Shutterturf Order system.
- Shutterturf retains the right to use all publicly published delivered works for Shutterturf marketing and promotional purposes.
- Buyers pay Shutterturf to create an order from the photoshoot confirmation page using the Pay button. Shutterturf partners with Payment Services Providers for purposes of collecting order related payments from buyers, transferring such payments from buyers to photographers, and holding funds in connection with Shutterturf Balances. All payments services in connection with the collection of funds on the Shutterturf platform are performed by Shutterturf’s Payment Services Providers.
- Shutterturf serves as photographer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to photographer. Buyer’s payment obligation to photographer will be satisfied upon receipt of payment by Shutterturf (or its Payment Services Provider, as applicable), and Shutterturf (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the photographer in the manner described in these Terms of Service. In the event that Shutterturf (via Payment Services Provider) does not remit any such amounts to photographer, the photographer will have recourse only against Shutterturf and not the buyer directly.
- In most locations, packages may be purchased on Shutterturf by using one of the following payment methods: Credit Card, Additional payment methods may apply in certain locations.
- Your existing Shutterturf Balance will be automatically applied to your next purchase.
- You may not offer photographers to pay, or make payment using any method other than through the Shutterturf.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- By using any payment method and/or providing payment details for making purchases on Shutterturf, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Shutterturf; and (d) such actions do not violate any applicable law.
- Buyers may pay on Shutterturf in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in SGD$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- If you paid for an Order in a currency other than SGD$ and your Order was later cancelled for any reason, the amount returned to your Shutterturf Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same SGD$ value.
- Your Shutterturf Balance is always valued in SGD$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Shutterturf Balance in any currency other than SGD$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same SGD$ value.
- Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the package price shown on the package detail page.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique Shutterturf order number.
- Photographers must deliver completed files and/or proof of work using the “Deliver Work” button (located on the Order > Photos page) according to the package offering and terms that was purchased.
- Using the Deliver Work button may not be abused by photographers to circumvent Order guidelines described in this 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 photographer’s rating and result in a warning to photographer.
- 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.
- We encourage our buyers and photographers 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 Shutterturf's Customer Support.
- When a buyer orders a package, the photographer is notified by email.
- Photographers are required to meet the delivery time they specified for the package. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the photographer's status.
- Photographers 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. Shutterturf 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 requirements sent to the photographer at the beginning of the order process.
- Feedback reviews provided by buyers while completing an order are an essential part of Shutterturf's rating system. Reviews demonstrate the buyer's overall experience with the photographers and their service. buyers are encouraged to communicate to the photographer any concerns experienced during their active order in regards to the service provided by the photographer.
- 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.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Shutterturf platform from users within our Community. Purchases arranged, determined to artificially enhance photographer ratings, or to abuse the Shutterturf 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 photographer’s profile page.
- Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a photographer's Live Portfolio on their profile 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 order 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.
- Photographers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.
Disputes and Cancellations
We encourage our buyers and photographers 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 Shutterturf's Customer Support department for assistance.
- Order cancellations can be performed on Shutterturf, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a buyer or photographer encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
- Shutterturf, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the package service and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the same mode of payment that they buyer used during buying the package..
- Revisions to deliveries can be performed by photographers based on the photographer’s prerogative. Photographers may determine the amount of revisions offered to buyers, including no revisions.
- Requests for revisions can be performed through the Order page while the order is marked as Delivered.
- Requesting to gain more services from photographers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Shutterturf encourages buyers and photographers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to Shutterturf to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service, general misconduct, and improper usage of the Shutterturf delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the buyer’s Shutterturf Balance and will be deducted from the photographer’s Shutterturf Balance or, if there are no sufficient amounts in the photographer’s Shutterturf Balance, from future revenues of such photographer.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the photographer if the service was rendered as described in the package description page. Buyers may rate their experience with the photographer on the order page, including the overall level of service quality received.
- Buyers must use Shutterturf Resolution Center to address their concerns and desired resolution related to the service provided by their photographer prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their photographer of issues related to the photographer’s service and will allow photographers to provide a resolution first. This does not include non-permitted usage of Shutterturf.
- Any non-permitted usage of Shutterturf encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Shutterturf’s Terms of Service.
- Shutterturf Customer Support will cancel orders based on, but not limited to, the following reasons:
Active Orders (after the buyer buys the package and before the photographer delivers on Shutterturf)
- The photographer is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Photographer supplied or included copyright/trademark infringing materials as part of the delivery.
- The user is no longer an active Shutterturf user due to Terms of Service violations or closure of their account.
Delivered Orders (after the photographer clicks Deliver Now and before the order is marked as complete)
- The photographer uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The photographer delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The photographer requests additional payments, on or off the Shutterturf platform, by withholding the final delivery of services directly related to the agreed requirements.
- The photographer is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from photographers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the photographer not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
- Shutterturf Customer Support will review cases of Order delivery manipulation that prevents buyers and photographers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Shutterturf automatically refund payments made for cancelled orders back to your payment provider.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
User Conduct and Protection
Shutterturf maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Shutterturf. This section relates to the expected conduct users should adhere to while interacting with each other on Shutterturf.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- Shutterturf 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.
- 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.
- Shutterturf is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Shutterturf to contract, engage with, or pay outside of Shutterturf.
- Users with the intention to defame competing photographers by ordering from competing services will have their reviews removed or further account status related actions determined by review by Shutterturf team.
- Users are to refrain from spamming or soliciting previous buyers or photographers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Shutterturf reviews cases of payment provider chargebacks and disputes on behalf of photographers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the photographer’s favor. If the chargeback case allows, Shutterturf (or one of Shutterturf’s Payment Services Providers) will return parts or full revenue back to photographers, otherwise the chargeback amount will be borne by the photographer.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our 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 photographer statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - Shutterturf does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Shutterturf should be friendly, constructive, and professional. Shutterturf 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 - Shutterturf takes the matter its members’ security seriously. 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 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. photographers 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 Shutterturf will not be protected by our Terms of Service.
Authentic Shutterturf Profile - You may not create a false identity on Shutterturf, misrepresent your identity, create a Shutterturf 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. Shutterturf 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 - Shutterturf 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 Shutterturf 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 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Shutterturf community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Shutterturf’s Terms of Service is 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 Shutterturf. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Shutterturf accounts.
The Site, including its general layout, design and content, is exclusively owned by Shutterturf and protected by copyright and trademark law. Shutterturf®, is a registered trademark owned exclusively by Shutterturf. 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 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) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) 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. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Shutterturf reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of Shutterturf's Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Shutterturf.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Photographers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Shutterturf's approval.
- Disputes should be handled using Shutterturf's dispute resolution tools ('Resolution Center' on the order page) or by contacting Shutterturf Customer Support.
- Shutterturf may make changes to its Terms of Service from time to time. When these changes are made, Shutterturf will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Shutterturf after the date on which the Terms of Service have changed, Shutterturf 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 Shutterturf by our users (buyers and photographers) is User Generated Content. Shutterturf does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Shutterturf is not responsible for the content, quality or the level of service provided by the photographers (even if they are Pro photographers, Top Rated photographers or otherwise). We provide no warranty with respect to the packages, their delivery, and any communications between buyers and photographers. We encourage users to take advantage of our rating system, our community and common sense in choosing the appropriate photographer for a package.
By offering a service, the photographer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Shutterturf. Photographers advertising their services for a package online 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 the suspension of photographer'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 and limitations: Unless clearly stated otherwise on the photographer's profile page or package description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the photographer, and the photographer waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the photographer expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the order and the delivery may not be used if payment is cancelled for any reason. Some photographers charge additional payments (through Add-Ons) for a Commercial Use License. This means that if you order a package for 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 Add-On and will have broader rights that cover your business use.
Furthermore, users (both buyers and photographers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Shutterturf, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Shutterturf for no consideration for marketing and/or other purposes.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the photographer grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “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 Shutterturf’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 photographer nor Shutterturf 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 WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Shutterturf NOR ANY PERSON ASSOCIATED WITH SHUTTERTURF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. 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 Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. 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 website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL SHUTTERTURF, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF photographer, Shutterturf AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF PHOTOGRAPHER.
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 Shutterturf, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.
Last update: Sep 22, 2019