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Scope of Services
1.1 Shootingrent is a digital platform that allows anyone to have a professional photographer available during their travels around the world. It is an online marketplace that allows certain professional photographers ("Photographers") to create their own account, accompanied by a gallery of the photographic services offered and to communicate and negotiate directly with registered users ("Customers") who intend to book and use these services.
1.2 As a Platform provider, Shootingrent does not own, sell, resell, make available, control, manage, offer, deliver or provide photographic ads or services, nor is it an organizer or seller of tourist packages pursuant to Directive (EU) 2015/2302 . Photographers are responsible, exclusively, for their announcements and for the services offered. When customers make or accept a service reservation, they are entering into a contract directly with the photographer. Shootingrent is not and does not become a party or otherwise participate in any contractual relationship between Clients and Photographers, nor does it act as an agent, in any capacity, for any of the contracting parties. The Photographer is aware that in order to use the Platform they must register and create their own Account. The same conditions set out in the following paragraphs for the registration of customers on the portal apply to Photographers.
1.3 When creating an advertisement through the Platform, the Photographer must provide complete and accurate information regarding their service (including, for example, the description of the advertisement, the location and availability of his calendar), indicate any requirements and / or applicable restrictions (e.g. minimum age, competence or physical fitness requirement) and provide any other relevant information requested by Shootingrent. The Photographer will be required to keep the information of his announcement updated (including the availability of calendar) at all times. They will also be responsible for determining the price of the service (including any applicable taxes or charges. The indicated price cannot change once a booking has been made.
1.4 The photographs, or videos (collectively, the "Images") used in the advertisements must allow Customers to understand the qualities and characteristics of the services offered. Shootingrent reserves the right to require that the ads contain a minimum number of images with a specific format, size, and resolution.
1.5 The positioning or ranking of the Ads in the search results on the Platform may vary and depend on a variety of factors, including, but not limited to, the search parameters and Customers' preferences, the Photographer's requirements, the price and the availability of calendar, the number and quality of the images, customer support, and the history of cancellations, reviews and ratings, the type of service and / or ease of booking.
1.6 When the Photographer receives a booking from a Customer, they are entering into a legally binding contract with the Customer and will be required to provide the service as described in the advertisement at the time the booking is made.
1.7 Shootingrent does not guarantee the existence, quality, safety, suitability, or legality of any advertisement or service of the Photographers, the correctness or accuracy of descriptions of advertisements, ratings, reviews or other contents of the Customers or the fulfillment or conduct of the latter or third parties. Any reference to the fact that a Customer is "verified" only indicates that they have completed the related verification or identification procedure and nothing else. This indication does not constitute an endorsement, certification, or guarantee by Shootingrent regarding any Customer, including with regard to their identity or personal background or the fact that the provided information is reliable, certain, or correct.
1.8 The Customer must always exercise due diligence and attention when deciding to take advantage of the photo service offered, to participate in an event, or to use other services offered by the professional. The images shown in the advertisements provide a simple photographic representation of the moment when the photograph and / or video were taken and nothing else.
1.9 The Photographer who chooses to use the platform to offer their service, recognizes and accepts that their relationship with Shootingrent is only that of an independent third party contractor and not that of employee, agent, joint-venturer or partner; also accepts and acknowledges to act exclusively on their behalf and for their benefit and not on behalf of or for the benefit of Shootingrent.
1.10 To promote the Platform and increase the exposure of ads to potential Customers, the ads and other content of the subscribers can be viewed on other websites, in applications, within emails and in online and offline advertising. To assist customers who speak different languages, Shootingrent can provide automated tools that allow customers to translate advertisements and other content, in whole or in part, into other languages. However, Shootingrent does not guarantee the accuracy or quality of these translations.
1.11 The Platform may contain links to third party websites or resources ("Third Party Services"). Such third party services may be subject to different terms and conditions and different data protection practices. Shootingrent is not responsible for the availability or accuracy of these third party services or for the content, products, or services available.
Eligibility, Use of the Platform. User verification
2.1 To access and use the Platform or register an Account you must be at least 18 years of age, or be an organization, company, or other legal person, validly existing and in compliance with the laws of the country of incorporation and possessing the legal capacity necessary to enter into legally binding contracts.
2.2 Shootingrent may make the access and use of the Platform or certain areas or features thereof subject to certain requirements or conditions, including, for example, the completion of an identity verification process, the satisfaction of specific quality or suitability, the satisfaction of thresholds of reviews or ratings or the history of customer reservations and cancellations.
2.3 The verification of the Customer's identity on the Internet is extremely difficult, therefore, Shootingrent does not assume any responsibility for the confirmation of the identity of any Customer. Access to or use of certain areas and functionality of the Platform may be subject to separate policies, standards or guidelines or may require the Customer's prior acceptance of additional terms and conditions.
2.4 If you access or download the Application from the Apple App Store, you accept the End User License Agreement for the licensed Application from Apple. Some areas of the Platform implement the Google Maps / Earth mapping services, including the Google Maps application programming interfaces (API). Your use of Google Maps / Earth is subject to the Google Maps / Google Earth Additional Terms of Service.
3 Change of conditions
Shootingrent will have the right to modify the conditions of this contract, and will be required to notify registered users of the changes to the Terms and Conditions and the date on which said changes will become effective on the Website. Users must have the opportunity to take note of the new version of the Terms and Conditions at least 10 (ten) days before the date on which the changes will become effective. The changes also apply to those reservations made / entered before the changes were made and which continue to exist at the time the changes become effective. In the event that the User does not agree with the changes, he can send a written communication to Shootingrent expressing his disagreement with the changes before the date the changes become effective. In the event that at the time that the changes become effective, Shootingrent has not received any written communication from the User, it will be considered that the User has accepted the changes and is required to respect them.
Account Registration
4.1 In order to access and use certain features of the Platform, including, for example, booking a photo shoot, it is necessary to register and create an account ("Account").
4.2 You can register a Shootingrent Account using an email address and creating a password or through your account registered on certain third party social network services, such as, for example, Facebook or Google ("SNS Account").
4.3 The Customer is obliged to provide accurate, updated and complete information during the registration process and must keep their Account information regularly updated.
4.4 The Customer is responsible for the security and confidentiality of the access credentials of their Account and cannot disclose them to third parties. Furthermore, they have the obligation to immediately inform Shootingrent if they are aware of or have reason to suspect that their credentials have been lost, stolen, stolen or otherwise compromised or in the event of any actual or suspected unauthorized use of their Account.
Platform contents
5.1 Shootingrent can allow Customers to publish a review relating to the service received by the Photographer and to access and view any content made available, including content licensed or authorized for use by third parties.
5.2 The Shootingrent Platform, the contents of Shootingrent, and the publications of the Customers can be fully or partially protected by copyright laws and / or trademarks. In this regard, the Customer acknowledges and accepts that the Platform and its contents, including all related intellectual property rights, are the exclusive property of Shootingrent and / or its licensors or authorizing third parties. It is not allowed to remove, alter, or obscure information relating to copyrights, trademarks, service marks, or other information. All trademarks, service marks, logos, trade names, and any other designations used on the Platform or in connection with them, are trademarks or registered trademarks of Shootingrent. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used in the Platform are used exclusively for identification purposes and may be the property of their respective owners.
5.3 It is not allowed to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, transmit, disseminate or otherwise exploit the Platform or its contents, without prior authorization.
5.4 Shootingrent grants the Customer a limited, revocable, non-exclusive and non-transferable license to download and use the application on their personal device and to access and view any content made available on or through the Platform and accessible to the Customer, exclusively for their personal and non-commercial use.
5.5 By uploading, publishing or otherwise making available Customer reviews on or through the Platform, the Photographer grants Shootingrent a non-exclusive license, valid worldwide, royalty-free and transferable, for the term of protection of the rights thus granted by the license; to access, use, store, copy, modify, create derivative works, distribute, publish, transmit, stream, disseminate and otherwise utilize such Customer content in order to provide and / or promote the Platform in any way and on any medium and platform, known or unknown at the time of use and in particular on the Internet and social networks.
5.6 The Photographer acknowledges and agrees to be the sole and exclusive owner of all the contents published on the Platform and to have all the related rights, licenses, permits and releases required.
5.7 The Photographer may not publish, upload, send, or transmit any content that is fraudulent, false, misleading (directly, by omission, or for failure to update information), deceptive, defamatory, libelous, obscene, violent, threatening, pornographic, vulgar, or offensive; that promotes discrimination, intolerance, racism, hatred, harassment, or damage to groups or individuals, violence or actions that are threatening to people or animals; or promote illegal or harmful activities or substances. Shootingrent may remove or disable access to any content deemed in violation of applicable laws, uses, or regulations, or which could otherwise be harmful or inappropriate for its Customers or third parties.
5.8 Subject to compliance with all requirements and the verification processes established by the platform, the Customer can book an advertised service available on the Platform by following the relative booking procedure. The Customer agrees to pay the fee previously indicated for the chosen and booked service. Once the contract between the customer and the photographer is concluded, when the booking is made, Shootingrent will collect the agreed fee.
5.9 The customer also declares that he has carefully read the description of the service offered by the photographer they intend to book, making sure that they meet all the requirements. They also are required to inform the chosen Photographer of any medical or physical condition or other circumstances likely to influence their ability or that of any additional guest, so that they can participate in the event in complete safety and tranquility. Finally, they agree to follow, before and during the performance of the service, all the indications and instructions given by the professional.
Payment for services
The Payment Terms constitute a legally binding agreement between the Customer and the platform.
6.1 The Platform provides payment services to Clients, including payment collection services. For the service rendered, Shootingrent will retain a percentage equal to 20%, inclusive of legal charges, of the total amount of the service booked.
6.2 Shootingrent may limit, temporarily and taking into account the legitimate interests of the Customers (e.g. by notice), the availability of the payment services or of some services or functionalities of the same, in order to perform maintenance operations necessary to ensure the correct or better functioning of the services.
6.3 Payment services may contain links to third party websites or resources ("Third Party Services"). The latter services may be subject to different privacy terms and conditions and practices.
6.4 To use the payment services, you must be at least 18 years of age and possess the legal capacity necessary to enter into legally binding contracts. By using them, the Customer declares and guarantees that they are at least 18 years of age. Shootingrent will be able to condition the access and use of certain areas or functionality of payment services to certain requirements, such as the completion of a verification process or the satisfaction of specific eligibility criteria.
6.5 Shootingrent may make requests for information which it deems necessary in order to verify or check the identity of the Customer, including through the request for valid identity documents.
6.5 The use of payment services is permitted upon registration of a Shootingrent Account.
6.6 The cost of the service is charged every time you book a photo shoot.
6.7 When the Customer indicates a payment method, he will be asked to provide Shootingrent, or third parties who process payments on his behalf, with normal billing data, including; name, billing address, and information on the financial account or card. This can include the user's home address, the name on the bank account, the account type, the routing number (CAB) and the account number, the e-mail address, the payment currency, the identification number and account information associated with a particular payment processor.
6.8 Payment methods may involve the use of third party payment service providers. These service providers may charge additional fees when processing payments; Shootingrent is not responsible for any such commission and declines any responsibility in this regard. The Customer authorizes Shootingrent to store the information relating to their payment method and to make the charges directly on it.
6.9 If the Customer chooses to pay in a currency other than the billing currency, the bank or the company issuing the credit card will still be able to convert the payment amount into the billing currency associated with the payment method; and this on the basis of an exchange rate and a commission amount determined exclusively by their bank. As a result, the amount indicated on the account statement of their card may be different from that indicated initially.
6.10 The Customer authorizes Shootingrent to carry out checks of the payment method described above and to charge all reservations made in connection with their Account on their payment method; Shootingrent will collect the total price in the manner agreed with the Customer through the Platform as soon as the booking has taken place. Once the payment transaction relating to the requested reservation has been successfully completed, the user will receive a confirmation email.
6.11 The Customer agrees and undertakes to observe all laws, rules, and regulations that may apply following the use of their payment methods. In relation to the use of these services, they must not and must not allow others to:
7 Economic conditions for Photographers
7.1 The Photographer declares to be aware that Shootingrent's obligation to pay the compensation to him is subject to the effective receipt of payments by the Customer. In this regard, it should be noted that the Platform will guarantee payments to Photographers in proportion to the amounts actually paid by Customers. The professional, who must receive payments for services provided through the Platform, appoints the latter as their agent in order to collect payments from customers who purchase these services.
7.2 The Customer and the Photographer, in this regard, acknowledge and accept that Shootingrent is not a party to the contract, that it assumes no responsibility for the actions or omissions of the Photographer, and that will act as an agent responsible for the sole collection of payments on behalf of the Photographer. Following the payment of the amount agreed to Shootingrent, the Customer's payment obligation towards the Photographer will be extinguished and the Platform will be responsible for turning the net payment to the Photographer (less the 20% commission) in the terms and conditions below.
7.3 Shootingrent will collect the total price from a customer at the time the booking is made or at any other time agreed directly with the customer and only after having fully collected the agreed sums for the service, will pay the relative sums to the professional. The Photographer expressly authorizes Shootingrent to withhold, by way of commission for the services offered, a sum equal to 20% - including tax charges - of the amount paid by the Customer.
7.4 In order to receive a payment, the Photographer must have a valid method of receiving payments linked to his Shootingrent Account.
Changes to Reservations, Cancellations and Refunds
8.1 Photographers and Customers declare themselves responsible for any changes and / or cancellations made to the bookings made, and expressly approve the following conditions: Customers will have the possibility to cancel a reservation within one week from the date of the service. In this case, nothing will be due by the Customer and any amount collected by Shootingrent will be refunded. The timing for receiving the refund or for canceling the pre-authorization will vary according to the Payment Method and the rules applicable to the payment system (Visa, Mastercard, etc.). In the event that the Photographer cancels a confirmed booking, the Customer will receive a full refund of the booking costs, in the manner indicated above.
9 Protection of personal data
Shootingrent takes care of processing the customer's personal data in accordance with the provisions for the protection of personal data in force in the European Union, including the General Data Protection Regulation 2016/679. Shootingrent ensures that the Customer's personal data will be processed for legal commercial purposes in order to ensure the fulfillment of the Service requested by the Customer. The Customer agrees that: in order to provide the Booking Service, Shootingrent is authorized to send the personal data and contacts provided by the Customer when booking (full name, date of birth, telephone number and e-mail address) and an other related information to the Photographer, so that the latter can provide the requested service; the Customer's e-mail address is used by Shootingrent to send the booking confirmation; the customer's telephone number is used by Shootingrent to clarify any booking related issues. Exhaustive information on the processing of Customer's personal data by us, on the type of personal data we collect and process, on the purposes of their use, on their retention period, and other information are contained in the Privacy Policy.
10 Ratings and Reviews
10.1 After completing the service, customers can write a public review ("Review") and assign a number of stars ("Rating"). All ratings or reviews reflect the opinion of individual customers and do not reflect the opinion of Shootingrent who, therefore, will have no responsibility in this regard. The ratings and reviews must be truthful and accurate and not contain offensive or defamatory language.
10.2 Ratings and reviews are part of the public profile of each registered User and can be viewed in other parts of the Platform together with other relevant information, such as the number of reservations, the number of cancellations, the average response time and more.
11 Prohibited activities
Registered Users acknowledge and agree to be solely responsible for compliance with any law, rule, regulation and tax obligation that may apply to the use of the Shootingrent Platform. Consequently, they must not and must not allow others to:
12 Termination, suspension of the contract
12.1 Shootingrent will have the right to terminate relations with Photographers at any time, giving thirty (30) days' notice via e-mail to the registered e-mail address.
12.2 Shootingrent may also terminate this contract with immediate effect and without notice in the event of a substantial violation of the obligations contained therein; if the registered User, Customer and / or Photographer, has provided inaccurate, fraudulent, out of date or incomplete information, in case of violation of applicable laws, regulations or third party rights, or if they believe that such action is reasonably necessary to protect the personal safety of its registered users or third parties.
12.3 In addition, Shootingrent may limit, or temporarily or permanently suspend, access to the Customer to the use of payment services to comply with applicable laws or an order or request from an Authority, judicial and / or administrative, of a governmental body, or if the Customer has violated applicable laws or regulations or third party rights, has provided false, fraudulent, out of date or incomplete information regarding the payment method or the method of sending payments, or has not fulfilled any of the obligations assumed when booking the service.
13 Jurisdiction and applicable law
This Agreement, the Terms and Conditions, and e-mail communications, which form an integral part of the Agreement, are governed by the laws of the Italian Republic and will be interpreted according to the laws of the Italian Republic. The Ordinary Court of Rome, even in derogation of the territorial jurisdiction rules that are expressly accepted as of now, will have exclusive competence for the resolution of any complaint or dispute that may arise from these Terms and Conditions and from this Contract or in relation to them. Shootingrent has the right to change the Terms and Conditions immediately and unilaterally, without providing notice to the Customer, in the event that the Customer is not considered a consumer under Italian law or if the change in question is in favor of the customer or in the event that technical corrections are made within them. The current version of the Terms and Conditions is available on the Website.