Terms & conditions
- Website or Web: refers to the online site which is base for this Terms and Conditions.
- User: any identifiable natural person who is subscribed in the Web as a buyer.
- Photographer: any identifiable natural person who is subscribed in the Web as a provider of goods and services.
- Client: both user and photographer mentioned as a whole.
- Personal Data: means any information relating to an identified or identifiable natural person.
- Session: any meeting arranged through the Web as a consequence of a contractual relationship between a user and a photographer.
- User Account (hereunder account): refers to the collection of data associated with a particular Client. Each account comprises a username and password given by the Client and defines security access levels.
- Supervisory Authority: means an independent public authority which is stablished by a Member State of the European Union.
Shootvenirs S.A.P.I. DE C.V. (hereinafter “Shootvenirs”) is the owner and runner of www.shootvenirs.com (hereunder “Website” or “Web”). This Terms and Conditions apply to any identifiable natural person who access the Web. Only those who are subscribed to the Web will be able to enjoy and make use of the facilities and goods offered throughout the Website. Shootvenirs users will be all natural persons registered in our system or making use of our Website (hereafter clients), regardless of their service provided (hereinafter photographer) since, in our Web, all users have the power to sell or buy any service which shall solely professional photography services. By using and/or accessing the Website you are agreeing to be bound by this Terms and Conditions set forth herein (hereinafter the Terms), so that every user should read this document in its entirety. Anyone who does not agree to this Terms and Conditions, may not access the Website or must immediately discontinue the use of it. Orders may be made only by clients registered on our Website. In order to have access to products and/or services offered through our Website, the client must first confirm that he/she have read, know and agree to this Terms and Conditions by clicking OK; otherwise the use of the Website will not be possible. Each of the photographers who provide services within the Web will have a record of scores for their quality of service. The inclusion of any Shootvenirs service or product in the Web does not imply or guarantee that such product or service is available at any time. We reserve the right to interrupt the continuity of any service at any time. Similarly, we reserve the right as to the availability of a date or time specific service you're looking at the time.
Shootvenirs reserves the right to modify these Terms and Conditions occasionally, in whole or in part without notice, so it is under the clients responsibility to periodically check the website in order to know the current Terms and Conditions. When the Website and/or this Terms suffer any change relating to personal data, Shootvenirs will send a notification via the Web and/or e-mail immediately to the client (i.e., period of no longer than 24 hours).
For safety of our clients, all persons who wish to use the services provided in the Web will be required to complete the registration forms by latter request, providing faithful, accurate and authentic information, assuming the obligation to update the personal data as necessary. Shootvenirs is entitled to request vouchers and/or data and/or personal documents of those who wish to register to ensure the authenticity of the account, and in case of anomalies detected, Shootvenirs will not permit the registration, on the understanding that notwithstanding Shootvenirs try by various means to identify its users. Shootvenirs is not responsible for the accuracy of the personal data provided by the users, latter being solely responsible for ensuring and vouch for the truthfulness, accuracy and authenticity of the data entered. Shootvenirs wants to offer the best browsing experience and service to its clients, therefore we need to ensure that you understand and agree not to: (i) publish, transmit, distribute, upload or promote any communication or content that may damage or adversely affect our business, products or services; (ii) act in any way or use any device that restricts, impair, interfere or limit any other client use or enjoyment of Shootvenirs Website or affecting the security of the site; Also, either (iii) use any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation limited way: spiders, software robots, crawlers, avatars or intelligent agents) to navigate or look on the website, or to copy website content. We reserve the right to eliminate the account of any user who violates this provision or any other provision of these Terms and Conditions. Shootvenirs reserves the right to accept or reject any application for registration or to cancel temporarily or permanently a previously accepted registration, without for it is obliged to communicate or explain the reasons for its decision. If any irregularity (e.g., phishing attack, i.a.) is detected in the data provided by the user, or the client provides false information into the Web, or Shootvenirs detects a user has more than two accounts, or activity classified as fraudulent has taken place, the account will be eliminated from our Website, unregistering all published articles and offers made, without being this a cause for any kind of compensation or penalty for the user. The remaining and related information available in the Web will be send to the competent authorities for them to carry out the corresponding investigations. Whenever the user chooses in a free, spontaneous and unilaterally way their username and unique password, they will be liable to Shootvenirs and third parties of any action and/or liability arising from your account, being the sole responsibility of the users maintaining confidential their password. client accounts are unique and non transferable, and in no case a client must have more than one account, the client being required notify Shootvenirs immediately any unauthorized use of your account. With the only password you can buy, sell, offer, qualify, among other activities, users must keep this key under absolute confidentiality and in no event shall disclose or share with others, being the user solely responsible for all acts take place by using your name and password, including taking over the payment of fees that eventually accrue or damages that may suffer other users for this reason. Prohibited the sale, assignment or transfer of the account by any means, and only the registered user can use the account, it is forbidden to disclose your username and password to third parties, with the understanding that the breach of those obligations will the Shootvenirs right to remove such user from system.
Shootvenirs runs the Website, and the main purpose of it is being a virtual meeting point between clients in order to make available for those users a space in which they benefit from having the opportunity to hire professional photography services, therefore we do not own the products offered here, except for those explicitly mentioned. Shootvenirs is not responsible directly or indirectly to comply with the rights and obligations agreed between Clients, how they could be exemplifying more not limited product quality, quantity, existence, security, delivery times, service, among others, so Clients here agree and acknowledge that any pact, supply, and/or operation to be concluded between them it is on their sole responsibility and they are exclusively responsible for the content of those services published in the Web and for the sales and/or for the purchases they made; demarcating Shootvenirs from any legal consequence, its directors, employees, managers, agents, among others from any liability and/or payment consequence.
Because of the difficult verification and authentication of users, and in order to provide a tool voice and defense users, Shootvenirs has a reputation system photographers, this in order that users are in a position to describe the experiences among them the time to put an operation, being possible for users to comment and even replicas grades received, on the understanding that these qualifications are the sole responsibility of the users themselves and Shootvenirs not have the obligation to verify or authenticate the veracity or falsity of them, serving such ratings as a measuring tool or guide among users, Shootvenirs can delete those comments deemed inappropriate, rude or insulting. The ratings are tools to measure the experiences suffered by clients; since the reputation allows to know the degree of reliability of each client of the Shootvenirs community, regarding the number of transactions where they participate. When a client is considered disreputable, he or she will be prohibited to use and operate within the Web permanently.
Shootvenirs states that the services provided through the Web, do not create any partnership, association, mandate, or employment relationship between Clients and Shootvenirs, therefore Shootvenirs performs, at all times, as a legal person and financially independent and no other relationship than that expressed in these terms and conditions will be constituted.
The content of the Website, its design, programs, databases, files, etc, are Shootvenirs property. Shootvenirs is susceptible to failures or cyber attacks on the system on their servers, or the Internet, therefore not liable for any damage, loss or impairment suffered by users resulting from such failures in their system, including without limitation, loss of data, information or programs, damage to computers or networks, infection of the computers of the users from viruses result of file transfer, audio, images, data, among others; users who join the Website reliefs Shootvenirs from any liability within these cases.Shootvenirs try by all means to guarantee the fully functioning of the Website, however it does not guarantee access and continuous or uninterrupted use of your site, or is subject to any liability from the unwillingness of it, nor is responsible for any errors or omissions in the information contained in its Website or in publications of the respective items, since the Website is 100% benchmark, so that only act as intermediaries between people looking to buy or sell the service. Any illegal intrusion or attempted intrusion Shootvenirs systems will result in pursuit of legal action including the obligation to compensate for damage caused whatsoever.
Photographers who wish to publish a service may do so including images and photographs accordingly with this Terms and Conditions. Details must be specified in the respective publication as well as details of the services that have been provided and must expose as accurate as possible, the most relevant terms of the services, e.g., service quality. Shootvenirs sets the number of photos to be provided and the durability of the sessions, so the services offered in the Website shall include the price which must be expressed in the currency of the United States of America, and include the corresponding Value Added Tax (VAT). Shootvenirs may reject images that are not appropriate or at its discretion deems that do not meet desired quality standards and go against this Terms. Shootvenirs is not responsible for any inconsistencies that may exist between the services and data provided by any photographer, as it is responsibility of the photographer. Shootvenirs has the right to suspend or permanently cancel accounts that have been detected providing images and / or false information about the service offered.
Photographers have an obligation to provide all information required by Customer for the purchase of service, in any case must be willing to address the questions posed by the Customer in order to facilitate offered and desired transaction. Once closed negotiations and transactions there is a responsibility and obligation of the photographer to only deliver the product to the customer, must necessarily be agreed on, may fall into the sanctions mentioned in the relevant chapter in event of default. Once accepted the payment, the photographer has chosen 24 hours to accept or reject the session. photographer is prohibited to make any kind of cancellation of the operation performed once accepted the session. Shootvenirs is a virtual meeting point between users and between photographers in which does not participate in the negotiations that take place between them, so the photographer following the guidelines of sale set in these terms and conditions, will be the only responsible for duties, charges, damages, impairments, or penalties that might incur in selling their services, but could be attributed to Shootvenirs any liability arising from the operations that famous or try to hold on the understanding even not having any Shootvenirs any involvement in the negotiation process and development of the final contract between the parties, the contracting parties shall bear the payment of taxes or tax burdens that they entitled under the law. The photographer must make delivery of the photos in the day or range of days set in the publication. In the case of photographs, the photographer acknowledges and agrees that Shootvenirs can start a claim service from receiving the product in the case of receiving a defective or different product purchased, for which the photographer should accept change or return the product sold and will be responsible for the expenses that this entails. Also, Shootvenirs has the right to suspend the account if the photographer does not meet desired.
Shootvenirs is a virtual meeting point provided for users and photographers; in which Shootvenirs does not participate in the negotiations that take place between them, so the photographer, following the guidelines of sale set in these Terms and Conditions, will be the solely responsible for the obligations, charges, damages, impairments, or penalties that might incur in selling their services, without attributing to Shootvenirs any liability arising from the operations that he/she does or tries to do, in the understood that even though Shootvenirs does not have any involvement in the negotiation process and development of the final contract between the parties, the contracting parties shall cover the payment of taxes or tax burdens that by law they entitled.
Payment for the service must be completed at the time of booking your session via credit or debit card or platform called "PayPal". Shootvenirs is not responsible for any additional charges that could be generated through the payment methods. Once a payment is made, the photographer confirms the availability in a period no longer than 24 hours. After the session, the client receives his/her pictures in a period of 1 (one) to 5 (five) days; the photographs will be send digitally, downloadable and in high resolution to the clients account. When purchasing a photograph(s), the user acknowledges and agrees to initiate a claim of purchase for the reception of any defective or different product within 5 days of awareness. In this cases, the photographer must accept the exchange or refund the product sold and be pay for the expenses that this entails. The user is obliged to try to contact the photographer through the communication tools of the website or App Shootvenirs and complete the operation when the payment is completed, being bound by the conditions of sale included in the item description, as long as they do not violate laws or Terms and Conditions of Shootvenirs. The fee for service is irrevocable except in exceptional circumstances. In case of any change or cancellation the customer has up to 72 hours before the session to recover 100% of the payment and 48 hours before the session to recover 90% of the payment after 48 hours prior no refund. All changes are subject to availability photographer. In extreme conditions fortuitous event or force majeure, Shootvenirs consideration is to define the severity of it, to be regarded as serious, Shootvenirs will endeavor to reschedule the session provided when the photograph is available. For us being this possible, the customer will have a credit to schedule another session with the same or another photographer in the future, said credit for a period of 1 (one) calendar year from the date which he should have carried out the corresponding photo shoot.
Fees and commissions
Both the subscription on the Website and the publications made through it are free, with the condition that they do not violate these Terms and Conditions. If the session requires additional costs such as tickets to a museum, tour, etc., the user has the obligation to cover the expenditure required for the photographer. The user has 15 minutes to reach their tolerance session, in which case not present at the agreed time, paid time begins and the client is responsible for the lost time. If the customer would like to extend your session, you can do so long as the photographer count on availability, at a cost of $ 90 USD per thirty (30) minutes and $ 175 USD for 1 (one) hour. The user has the obligation to notify Shootvenirs time added to the collection done. If already billed charges had not reciprocated, the user must contact the Customer Service Department of Shootvenirs to resolve the issue.
Shootvenirs can warn or suspend permanently or temporarily an account or publication or sanction the user given time in the following cases:
- If a user signs up twice under different identities it may be permanently disabled to operate on the site.
- When a user gets a bad reference.
- If a user / photographer held accountable in 3 or more occasions of failing to meet their obligations.
- Users not being guided under a proper and respectful behavior and language.
- If the account holder is underage.
- If the user gave false information in the process of registration.
- When the email address is incorrect or disabled.
- When clients have a pending debt with Shootvenirs, the client may not schedule new services, once the payment is regularized the client can return to normal operation.
Information related to personal data
Clients personal data is processed in the Website under safe processing methods carried out by qualified personnel of Shootvenirs; therefore the personal data is stored on servers with high safety standards which are in compliance with both: (i) Ley Federal de Protección de Datos Personales (“LFPDPPP”); and (ii) General Data Protection Regulation (hereunder GDPR). By registering and/or navigating the Web, the Client and/or visitor consents that their personal data is used for purposes of protection of the transactions been made throughout the Website and the integrity of it. Shootvenirs on ground of the GDPR grants the next rights to its Clients
- Right of access: clients have the right to obtain from Shootvenirs confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and all information relating and concerning the client and the purposes and uses of it.
- Right of rectification: clients have the right to obtain from Shootvenirs without undue delay the rectification of inaccurate personal data concerning him or her. Taking in count the purposes of the processing, clients have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure: clients have the right to obtain from Shootvenirs the erasure of personal data concerning him or her without undue delay and Shootvenirs compromises to erase personal data without undue delay where any violation of the GDPR takes place (i.e., Art. 17).
- Right to object: Clients have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her. Shootvenirs shall no longer process the personal data of the client, unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the Client or for the establishment, exercise or defense of legal claims.
- Right to restriction of processing: clients have the right to obtain from Shootvenirs restriction of processing where any violation of the GDPR takes place (i.e., Art. 18).
- Right to data portability: Clients have the right to receive from Shootvenirs the personal data concerning him or her, which he or she has provided to Shootvenirs, in a structured, commonly used and machine readable format and have the right to transmit those data to another controller to which the personal data have been provided.
Clients may modify, cancel, and/or update their personal data and (username, password, email address and the registration information such as: address, city, region, main phone number, email, among others) as well as to oppose the processing of it and be informed of assignments carried out, with the users are solely responsible for the accuracy of the personal data, which undertake to keep updated. In all cases Shootvenirs save the above data for security reasons and to settle claims, and resolve problems or incidents for the period of time specified by applicable regulations. To request more information about the confidentiality of your personal data you should contact Shootvenirs via: firstname.lastname@example.org to the Head of data Protection in charge at Shootvenirs, or by regular mail to the next address Av. Benito Juárez # 1102 36 Apartment Centro, Monterrey, Mexico. To register in the Web, Shootvenirs may require, collect and store the following personal data: user name and nickname to operate the site, name, document number or valid identification,copy of this, physical contact information (such as phone number address, e-mail, etc.), expressing the user full agreement to Shootvenirs have access to all information collected from your Personal Account of Personal data, information about their interests, likes, contacts and any other content hosted on your Personal account including messages, photographs, videos and any other content that will constitute the information in your account. Shootvenirs collects and stores certain information about the activity of users and visitors within your website, such as the URL they came from, which URL access then, what browser are they using, and their IP addresses. Also visited pages, conducted searches, purchases or sales, ratings and entered replicas messages forums, among other information may be stored and retained even access the contact lists of the mobile devices used by users to provide their services, information that will be used among other things to analyze the interests, behaviors and demographics of users to better understand your needs and interests and offer better services or provide related information; send information or messages by e-mail about new services, display advertising or promotions, banners of interest to our users; send information or warnings for short text messages (SMS) to cell phone user supplied; share personal data (including e-mail and proprietary information and / or financial) with service providers or companies "outsourcing" to help improve or facilitate operations through Shootvenirs, among others. Notwithstanding the above, it enables the user to expressly Shootvenirs to transfer all or part Personal Data to any controlled, controlling and / or linked to the same companies. The user and visitor website Shootvenirs acknowledge and agree that it uses "Cookies", which are files that are installed on the harddrive, with a limited duration in time to help personalize the services, so that the site web can consult the previous user activity, and which are used among others to learn the browsing habits of the user, searches performed, and interests in order to be more aware of the needs and interests of the user and give a better service or provide related information, and to improve promotional campaigns, display advertising, promotions, banners, promote and enforce rules and site security, even for the user does not need to enter your password as often during a browsing session and can the user if it so chooses, remove from your computer the respective cookies, on the understanding that cookies reason of this point with respect to those used by Shootvenirs, but not by used by third parties in which Shootvenirs has no intervention or liability. Shootvenirs may disclose the personal data of its users under request of the competent judicial or governmental authorities for purposes of investigations conducted by them, although there is no order or an executive or subpoena. You acknowledge and agree that Shootvenirs collect, store and monitor the exchange of messages and emails among users.
When facing a situation that endangers the treatment of personal data (i.e.,data breach), Shootvenirs will notify under the next specifications: When the client is a resident or right holder of a Member State, Shootvenirs will notify via e-mail within 72 (seventy two) hours of awareness to the Supervisory Authority competent in accordance with the GDPR; mentioning the nature of the personal data breach. In addition, Shootvenirs will notify the client who suffered the data breach via e-mail. When the client is a resident or right holder of any other country not member of the European Union, Shootvenirs will notify him/she via e-mail; mentioning the nature of the personal dat breach.
Transfer of personal data
Shootvenirs in accordance with this Terms and Conditions occasionally shares your personal data worldwide with other clients in order to satisfy the correct operation of the Web and the services offered in it. When the personal data belongs to a client who is a resident or right holder of any country member of the European Union, Shootvenirs will guarantee that the transfer is made accordingly with the GDPR in a fully protected secure scope and procedure.
The photographs purchased by Clients shall be entitled to them, yet Shootvenirs is entitled to use photographs for purposes related to the brand. Any Client have the right to send an email to email@example.com requesting Shootvenirs to stop using their photographs immediately. Clients can not resell or sublicense any photograph; therefore the use can not constitute any form of remuneration.
Any dispute arising under this agreement, its existence, validity, interpretation, scope or compliance will be subject to the applicable laws and competent courts, the Clients agree that the interpretation, compliance and performance of this contract will be, if so, submitted to the jurisdiction of the courts of the city of Monterrey, Nuevo Leon, Mexico, renouncing therefore to the submission of any other jurisdiction that by reason of their present or future address may correspond.