Second Shoot Collective

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Terms of Service

Governing Agreement: All transactions are governed by this Terms and Conditions Agreement. Any proposals containing different or additional terms that deviate from those of Second Shoot Collective LLC (the "Second Shoot Collective") are rejected and deemed invalid. Notably, any counterproposals from the buyer do not reject the contract itself but rather the differing or additional terms.

Formation of Contract: An order placed is regarded as an offer to purchase. Acceptance by the Collective becomes binding upon receipt of payment. Acceptance is contingent upon the Terms and Conditions outlined here.

Service Scope: By showcasing photographer and videographer's work on our website, social media, email, and other marketing platforms, the Collective serves as a venue for connecting professionals. Shooters are solely responsible for the content they upload, and the Collective does not guarantee the quality, accuracy, or completeness of any shooter’s work or bio. By uploading content, shooters grant Second Shoot Collective a non-exclusive right to display, share, and promote their work across various platforms, including but not limited to the website, social media, marketing advertisements, and email campaigns. The Collective may modify content size or format as needed. Second Shoot Collective disclaims liability for any issues arising from the quality of work or transactions between shooters and buyers. Buyers acknowledge full responsibility for their interactions with shooters and associated risks. The Collective is not liable for any copyright infringement claims resulting from shooter-uploaded content.

Pricing: Second Shoot Collective may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Second Shoot Collective after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

Right to Report: If a buyer (either a shooter or hiring company, the "Reporting Party") believes the other party (the "Reported Party") has failed to meet obligations or engaged in fraud, they may submit a formal written notice ("Notice of Breach") to Second Shoot Collective, detailing the alleged activity with supporting evidence. The Reported Party will be notified, and they have ten (5) business days to respond, either refuting the allegations or providing corrective action evidence. Failure to respond or an unsatisfactory response may result in termination of the Reported Party’s membership. If Second Shoot Collective determines that a Notice of Breach was submitted in bad faith, it may also terminate the Reporting Party’s membership. Upon termination of either party’s access, the Collective has no further obligations.

Review Rights: Users can leave reviews of photographers and videographers to foster a transparent community. However, Second Shoot Collective reserves the right to remove reviews deemed defamatory, malicious, or non-compliant with professional conduct standards. Reviews should aim to provide constructive feedback to assist other users.

Compliance with Standards: By using our platform, you agree to adhere to Second Shoot Collective’s Standards, designed to maintain the integrity and quality of services provided by photographers and videographers. Any conduct deemed in violation may result in membership termination without refund, at the Collective’s discretion.

Credit Terms: Second Shoot Collective may grant credit terms to the buyer at its discretion. Order acceptance is subject to final credit approval. The Collective reserves the right to cancel orders if the buyer is deemed unable to pay. The Collective may change or limit credit terms at any time without notice and may require cash payments or satisfactory security in advance.

No Refund Policy: Second Shoot Collective maintains a no refund policy. For subscription services, the buyer may cancel for the next billing period but will retain access until the end of the paid period. Refunds for alleged unused time are not permitted. If a subscription is terminated due to a Notice of Breach, no refund is allowed.

Limitation of Liability: Buyer claims of any kind, including indemnification claims, shall not exceed the purchase price of the products in question. Second Shoot Collective is not liable for any incidental or consequential damages arising from the sale or use of products, regardless of the basis of liability or foreseeability of such damages.

Excuses for Non-Performance: If Second Shoot Collective's ability to manufacture or deliver products is hindered by events beyond its control, it shall be excused from performance obligations to the extent affected.

Second Shoot Collective's Rights: If the buyer fails to meet any terms, Second Shoot Collective may restrict access until the issue is resolved. Remedies are in addition to other available remedies. If product availability falls short, Second Shoot Collective may allocate supplies at its discretion without incurring liability.

Governing Law: This Agreement shall be interpreted according to the laws of the State of North Carolina, excluding its conflict of laws principles.

Dispute Resolution: Any disputes arising from these Terms and Conditions or related transactions that cannot be amicably resolved shall be settled by arbitration under the American Arbitration Association's rules. The arbitration will take place before a panel of three arbitrators in Lincoln County, North Carolina, and conducted in English. The arbitrators' decisions shall be final and binding, with each party bearing its own arbitration costs.

No Assignment: This contract is not transferable without prior written consent, except Second Shoot Collective may assign this Agreement to affiliates or as part of a merger or sale of assets.

Miscellaneous: These Terms and Conditions represent the complete understanding between the parties concerning the transactions herein. Modifications must be in writing and signed by authorized representatives. A waiver of any term or breach does not constitute a waiver of any other terms. If any provision is deemed invalid, the remaining provisions remain effective. Headings are for convenience only and do not affect interpretation.