This contract defines the general terms and conditions of use of the services offered by Shootty Srl, based in Milan, Galleria Passarella 1, 20122 Milano (MI) Italy, VAT number 10122320962 (hereinafter also, for brevity, Shootty or the Company), on the web platform www.shootty.com, also available on tablets and / or smartphones (hereinafter also, for the sake of brevity, the site).
Shootty is an online platform that connects customers and professionals, with the aim of facilitating the process of identifying professionals (including, for example, photographers, video makers) for customers and streamlining the process by which customers compare various Portofolios and the fees requested.
Users understand and accept that Shootty is only an intermediary between Customers and Professionals, being in no way part (neither contractual nor obligatory) of the relationship established between the latter.
Shootty does not provide employment to professionals or acts as an agent for clients or professionals.
This contract is also available in Italian. In the event of any inconsistency or discrepancy between the English version and the Italian version, the Italian language version shall prevail. You can see the Italian version by switching language from the header of the website.
1. Introduction - Full acceptance of the conditions and the right to change the conditions - Service interruption
1.a. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) will retain the accuracy of this information; (c) you are at least 18 years of age and have full capacity to act and validly enter into contracts and agreements for the provision of services (and if you are under 18, declare that you have permission from your parent or guardian to use the Terms of Service); (d) the use of the Site by the user does not violate any applicable law or regulation; (e) in the case of a User acting on behalf of third parties, to have the power to represent, oblige and bind the third parties themselves and that it is data entered with the consent of the third party, assuming all responsibility for the correctness and truthfulness of the information provided.
Shootty Srl makes available to users on their website.
Access to and use of the Site, both in freely accessible functions (without registration) and in functions accessible only upon prior registration, imply full acceptance, without reservation and expressly of these General Terms and Conditions, of the Privacy Notice and the consequent obligation for each user to comply with them.
In the case of use of the Website for third parties, the User declares and guarantees that third parties have also accepted these Terms and Conditions.
Therefore, if you do not intend to accept these General Terms and Conditions, in whole or in part, we invite you not to use the Site, nor the related services.
1.b. Shootty reserves the right to modify, even without notice, the contents of these general terms and conditions of use. Users are therefore advised to read their text carefully before accessing and using any service on the Site.
Shootty also has the right to modify, without notice, the creation and presentation of graphics and / or configuration of the site, as well as some or all of the services or features of the same, with the right to suppress and / or add others.
If you do not agree with the changes, updates, additions to the Terms and Conditions made, we invite the User not to use the Site and, if it is already registered on the Site as a Customer or Professional, please proceed to cancel its profile .
1.c. Access to the Site may be temporarily interrupted in the event of technical problems or to ensure the maintenance of the Platform or to make changes or improvements that the Company reserves the right to make at any time. Such interruptions will be given, if possible, communication on the Site.
Finally, the Company reserves the right to terminate, in whole or in part, the provision of the Services at any time and with reasonable notice in order to allow Users to perform services still in progress. Users waive any right or claim or action against the Company for any interruptions, suspensions or termination of the Services.
2. Professional Obligations - Material loaded by the User - Rights
2.a. The Professional declares and guarantees to have the professionalism, ability, resources, knowledge, organization, organizational skills, also in terms of material and technical resources, necessary to ensure the effective performance of services requested by customers and according to the arrangements agreed with the latter, also ensuring, in any case, the ability and expertise of the personnel and third parties of which the Professional would consider using.
The Professional understands and agrees that by creating and maintaining an account on the platform, he makes use of the Portal in order to access Customer requests, send messages and program services. The Professional understands and accepts that the use of the Platform in no way guarantees that customers will choose it and will opt for the services that he offers.
The Professional understands and agrees to be a mere Shootty User and not to be an employee, collaborator, partner or agent (or similar) of the Company, nor as a joint venture with it.
The Company, in accordance with the foregoing, does not control or have the right or control over the services offered and provided by a professional, the methods of execution of them, except as expressly stated in these General Conditions.
2.b. The property rights of the Materials and the Portfolio are the exclusive property of the User who has carried out their upload through their Account.
The User is therefore solely responsible for the truthfulness, correctness, and updating of this Material as well as for all the consequences of its publication on the Website.
Shootty declines all responsibility in relation to this Content / Material, the privacy, use, publication and / or dissemination thereof.
For the purpose of publishing the User Content, the latter declares and guarantees that:
The Company does not endorse or approve any opinion, judgment, opinion, notice and / or recommendation of the User, expressly deciding any responsibility in this regard, and formulating in relation to these facts any wider reserve of protection of their subjective positions in any place .
It is understood that the Company is not responsible in any way for the contents published by the Users on the Website, as well as opinions and feedbacks and on how to express them.
The Company will not make any prior check, scrutiny or examination of such contents, reserving however the right to remove, at any time and with immediate effect, without prior notice and at its discretion, contents and expressions, feedbacks, opinions, also the subject of Reviews, which appear to be non-compliant and / or expressed in violation of these General Conditions and / or in violation of the rights of the Company, Users and third parties. For this right of removal, Shootty will not require any authorization from the judicial authority. If, as a User, you believe that any content posted on Shootty violates the law, contract or is improper or offensive, we ask you to immediately notify the Company. However, please note that the contents of our site may be unpleasant for you without violating legal or contractual provisions, therefore, the Company reserves any assessment powers in this regard.
Each User waives any claim, right and action against Shootty in relation to the content published on the Site, including the Reviews, which involve, even in part, the dissemination of inaccurate, incomplete, false and / or in any case data and information that violates own or third party rights.
By publishing content on Shootty, the User agrees to fully comply with these General Conditions and undertakes to comply with them.
By publishing work materials on the site, and its portfolio, it is possible that an external website or a third party republish this material. The user waives any claim, right or action against Shootty for any dispute regarding this use. If you choose to display an image of Shootty on another website, the image must provide a link to its page on Shootty.
3. Registration on the Website
The navigation of some sections of the site can also be done by unregistered users, free of charge.
For the purposes of the full and complete use of the Services offered by the Site, it is, however, necessary to register on the Website, as a Customer or a Professional, and create a password-protected account, providing some personal information and data, indicating a valid personal e-mail address that the User warrants to legitimately dispose of and to which he declares to regularly access.
Following the completion of the Registration, the User may at any time access his Profile to update or modify the data entered. The User will be solely responsible for the truthfulness and updating of such information. In addition, you will be entirely responsible for all activities that occur under your account. Shootty reserves the right to suspend or terminate the account if any information provided during the registration process or subsequently proves to be inaccurate, not current or incomplete.
The User declares and agrees to be solely responsible for protecting the confidentiality of the password for access to Shootty and to be solely responsible for all activities that occur on his Account by committing to immediately notify Shootty of any unauthorized use of the Platform.
At the end of the registration process, customers will have full access to the Shootty features, including the ability to publish their Portfolio and view the profiles of Professionals.
Users are aware that Shootty relies on some service providers to perform certain services, such as (non-exhaustive list) to process payment processes (payment cards or other transactions) and analyze data to improve our products and services. To do this, Shootty may need to share information with such third party providers
Profiles registered with e-mail addresses belonging to subjects other than the User or with temporary e-mail addresses may be canceled by the Company at any time and without notice.
The Company also reserves the right to verify, validate and check the User Profiles for the purpose of providing the Services if it has reason to believe that the e-mail addresses provided are not valid and / or legitimately used and / or legitimately created.
3.a. Customer requested information
The User who makes use of the Services as a Customer undertakes to provide his / her email address which will be verified by email with a link to activate the account.
Further information on the location, date, number of participants (etc ...) will be provided directly by the Customer to the Professional, without Shootty having any responsibility in this regard.
3.b. Required information Professional
The User who makes use of the Services as a Professional undertakes to provide an email address, which he / she guarantees to dispose of legitimately. The email verification system is the same as already indicated for the customer. (3.1.)
4. Cancellation of the Profile
The User can proceed at any time to cancel his / her Profile by accessing the Account section, and clicking on "Delete".
After the cancellation by the User of their Profile, all personal data will be deleted and deleted, without prejudice to any performance required by law.
In case the User does not request to delete his profile, Shootty will keep the User's personal data for up to ten years, from the date of the last access by the User.
Upon the publication of Material on the Site, the User grants to the Platform a perpetual license, free, non-exclusive and without any kind of territorial restriction, to use, reproduce, distribute, transfer to third parties, view the same , also in relation to Shootty's supply of the Services as well as within the Company's services and commercial and / or advertising activities, including, but not limited to, the promotion and redistribution of all or part of the Website, in any format and by any distribution channel.
Users are not permitted to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, disseminate, exploit the Platform or Platform Content (including the User Content and the Content of the User). Shootty), except as expressly permitted in these in these General Conditions. In the event that you download or print a copy of the Shootty Material and Users for personal use, you must retain all copyrights and other proprietary notices contained therein.
In this context, no license and / or right is granted by the Company to the User expressly or implicitly, on the basis of intellectual property rights owned and / or controlled by Shootty or its licensees, with the exception of licenses and rights and faculties expressly conferred in these General Conditions.
6. Conditions of use. Cancellation of already confirmed service. Charges and payments
DESCRIPTION OF USE MODE
6.a The Customer searches for the desired service and inserts the desired filters. Select the professional. Once the Professional has been selected, he can:
a) Buy directly, under the standard conditions set by the Professional, if the latter has previously reported as available for the requested date;
b) Send a request to the Professional, who can confirm his availability for the requested date and send the Customer a detailed estimate ..
With the direct purchase, or the acceptance of the estimate that takes place in the dedicated section of the Customer profile, the contract between the Customer and the Professional is concluded.
Once the service has been confirmed, it will be displayed on both the Professional and Customer account pages.
6.b. The service can be canceled by the customer up to 30 days before the event without penalty / up to 20 days before the event with a penalty of 20% of the agreed price / up to 10 days before the event with full payment of the price agreed.
The Professional may instead cancel the Service only under the following conditions:
1. The service can not under any circumstances be canceled in the case of a service belonging to the Events category. In case of cancellation (prohibited) of the service, the Professional has the obligation to find another Professional, with equal professionalism and the same amount requested. In case of acceptance of the Professional found and the amount requested by the latter by Shootty, the Professional who has defaulted will not have to pay any penalty. In case of non-acceptance by Shootty, the Professional must pay the Customer an amount equal to three times the amount agreed.
2. In case of requested service not belonging to the Events category, the Professional can cancel the service up to 30 days before the event without penalty / up to 20 days before the event with a penalty of 20% of the agreed price / up to 10 gg before the event with full payment of the agreed price.
In any case, the refund does not include taxes, statutory costs, and service fees.
In the event of any dispute between the Client and Professional parties for the hypotheses provided for here, Shootty will propose to mediate the various positions and to attempt to resolve the dispute with good will. In any case, however, Shootty is not to be considered part of the contractual relationship or otherwise responsible for the fulfillment of one or the other.
6.c. our service is free for Customers who will pay the Professional the amount requested by the latter as indicated in the estimate accepted by the Customer (plus, where not included in the price, applicable taxes, taxes and statutory costs, if any).
On the other hand, the Professionals will pay a commission to Shootty on the fee for the service. Such commission will be shown when the Professionals indicate on Shootty the price for their services. By indicating the price for their services, the Professional accepts the commission shown.
The fees for the services are indicated on the individual pages of the selected professionals. The fees also include VAT, taxes and additional costs, if any. Professionals are required to comply with all tax laws.
Shootty manages (through third parties) the payment of the service requested on behalf of the Professional from which it is expressly and without reserve delegated to receive the payment made by the Customer. In no way, however, Shootty acts as a seller / service provider.
The payment is charged securely to the credit / debit card or bank account of the customer and credited to the account of Shootty, through the management of a third party.
Shootty is merely delegated to receive payment from the Professional. The payment is however always intended to be made by the Customer to the Professional (the transaction will be managed by third party service providers and Shootty is merely delegated to receive payment).
The entire payment of the agreed consideration, including legal charges if provided for, is carried out by the Customer upon confirmation of the estimate. Payment will be credited to the Shootty account.
Shootty will transfer the amount paid to the Professional in the following ways: Shootty will make one monthly payment to the Professional for all the services completed in the previous month by the Professional - minus the commission, for which Shootty will simultaneously issue an invoice.
The payment will be made by bank transfer to the bank details specified by the Professional in his/her account, before the end of the following month.
The Professional expressly authorizes Shootty to withhold an amount equal to the accepted commission.
The professional is solely responsible for his collaborators.
The customer must provide account information for at least one valid payment method. The Customer authorizes Shootty to charge the amounts agreed on all the credit cards provided by the Customer.
When the Customer confirms the estimate, the Customer authorizes and irrevocably instructs Shootty to charge the amount on the payment method indicated by the Customer.
By providing information on the method of payment through the Site, the Customer declares, warrants and agrees that: (a) the Customer is legally authorized to provide such information; (b) the Customer is legally authorized to make payments using the payment method (s); (c) such action does not violate the terms and conditions applicable to the Customer's use of such payment methods or applicable law; and (d) that there are sufficient funds or credits to complete the payment using the designated payment method. To the extent that the amounts due under these terms and these conditions can not be collected by the method (s) of payment of the Customer, the Customer is solely responsible for the payment of these amounts by other means.
6.d. The Review is a valuable tool to verify the reputation, reliability and quality of Customers and Professionals.
For each Professional, within the Profile, there is a section that contains all the reviews, including the relative score and comments, of the customers with whom he interacted.
For this reason, we invite you to be very careful and to use common sense when leaving a review. What you write as a customer will remain permanently in the profile of you and the professional with whom you have concluded the contract.
The Shootty rules related to the Review have as their purpose the realization of business relationships based on fairness, good faith, diligence, trust and mutual respect. However, to ensure correct and abusive use of the review system, some essential rules must be followed.
In particular, it is forbidden - the list is merely an example and not exhaustive - to the User:
It is added that it is not allowed to publish on Shootty in the sections dedicated to the Reviews:
6.e. The Company, at its sole discretion and depending on the seriousness of the violation found or in progress, will have the the right to suspend or delete the User's Profile, delete the saved contents or suspend the upload of further contents, or prohibit access to the Site by written notice to the User, in case of violation by the User of the obligations provided for in accordance with these General Conditions. However, the company reserves the right to act in the most appropriate civil, criminal and administrative courts to protect its rights.
7. It's forbidden:
By way of example only, and expressly contesting further User behavior, it is hereby declared that the User is prohibited from:
The Company is totally unrelated to the relationship established between Professional and Customer and therefore declines any responsibility that may derive or be connected to it. In fact, Shootty is not in any way a part (neither directly nor indirectly) of the contractual and / or obligatory relationship that arises between Client and Professional. Users expressly accept this total exclusion of liability.
Shootty also can not verify the truthfulness and accuracy of the Portfolio or the effective ability of the Professionals to provide the indicated photographic services, nor can it ensure that a Client or a Professional is able to complete the transaction with the required quality.
The choice of the Professional, as well as that of the photo shoot and the fee, are made by the Customer who assumes all responsibility in this regard.
The Professional is solely responsible for the service rendered and / or even booked. Shootty is not a service retailer.
The Company assumes no responsibility and, consequently, can not be held responsible, by way of example and not exhaustive, with regard to:
It is also the responsibility of the Professional to collect, retain, send and pay to the competent authorities the applicable taxes, calculated on the basis of the total price of the service. Shootty can not be held responsible (and can not be called to answer) for the collection, restraint, sending or payment to the competent authorities of the fees applicable to the fee for the service rendered.
Without prejudice to the limitations and clarifications mentioned above and to the extent permitted by law, Shootty will be held liable only for direct and immediate damages actually suffered due to failure to comply with the obligations of the Company in respect of the services that Shootty should have performed. Compensation may be up to a maximum of 100% of the total amount of Shootty’s fee established for the service from which the damage occurred. Users expressly accept the present limitation clause. In case of a compaint for damages made by the Customer, the amount of the commission will be notified by Shootty and proved by presenting the invoice and/or proof of payment.
By accepting these General Terms and Conditions, the User - both Customer and Professional - undertakes to indemnify and hold Shootty, as well as the members of the aforementioned company and all their collaborators and / or employees, from any claim and / or claim and / o exception and / or compensation request, including legal fees, caused and / or arising from the offer and / or execution of the services all promoted and rendered via the Platform as well as the violation of these General Terms and Conditions or the violation of any law and applicable regulation or third-party rights.
10. Intellectual Property
The Company is the exclusive owner of the Shootty trademark and of the domain name www.shootty.com. Without prior written authorization from the company, use of the trademark and the Domain Name is not permitted.
The Company is the exclusive owner of all intellectual and industrial property rights relating to the Website and the Platform, including, but not limited to texts, contents, drawings, databases, know-how, software, data and information contained or connected to it other than Contents (hereinafter, IP overall). The Company does not grant any license to Users in relation to the IP.
Any use of the Site for purposes and / or with methods other than those indicated in these General Conditions is to be considered abusive and not authorized by the Company.
The Company reserves the right to pursue any unauthorized use, or in any case contrary to the law, in the most appropriate civil, criminal and administrative courts.
11. Links - Links to third-party websites
Shootty can provide links to other websites or resources. Shootty has no control over these sites and resources; therefore the user recognizes and accepts that Shootty is not responsible for such sites or external resources and does not endorse and is not responsible for any content, advertising, products or materials available on such sites or resources. The user acknowledges and agrees that Shootty will not be responsible, directly or indirectly, for any damage or loss caused in connection with the use of such sites or resources.
12. Privacy Notice
For information on the processing of personal data, please refer to the specific section of the website.
Users are mutually autonomous and independent from the Company. The use of the Services by the Users does not lead to the establishment of any relationship with the Company, such as, but not limited to, employment relationships, collaboration, agency, association, mediation, intermediation, administration.
The User who signs up on the Website as a Professional is not a "Consumer" pursuant to Legislative Decree 6 September 2005 no. 206 and subsequent amendments and additions, with all the consequences of the law, also in terms of withdrawal.
The possible tolerance of the Company regarding User behavior in violation of the provisions contained in these General Conditions does not constitute a waiver of the rights deriving from the violated provisions or to any right or right of law and contract, as well as the right to demand the exact fulfillment of all the General Conditions set forth herein.
If one or more provisions of the General Conditions are declared invalid or ineffective in whole or in part for any reason, they will not affect the validity and effectiveness of the other General Conditions or the execution of the General Conditions in their entirety or any other clause or provision.
14. Applicable law
These General Conditions and any and all relationships between the Company, Users and third parties are governed by Italian law.
15. Competent court
Any dispute, however connected to these General Conditions, will be devolved to the exclusive jurisdiction of the Milan legal system.
Pursuant to and for the purposes of articles. 1341 and 1342 and ss. cc as well as the articles 33, 34, 35 and 36 of Legislative Decree 205/2006, the User declares to have read and understood and therefore expressly approve the Articles: 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15