Reshot is a photo discovery platform for free to use, high-definition photos. We (Fast Labs Inc. d/b/a Reshot) operate the Reshot website at reshot.com (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Reshot to be bound by the terms and conditions in these Terms of Service.
THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 18 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.
The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
3. Accounts and Registration
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on Reshot gives you access to special features around discovery, downloading, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at firstname.lastname@example.org.
4. Limited License to Use the Service (but not the Photos)
Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.
5. License to Photos
One of the best features of the Service permits you to search, view, and download photographs that have been uploaded by Reshot users (“Photos”). You may download and use Photos from the Service in accordance with, and subject to, the Reshot License. We encourage you to familiarize yourself with the Reshot License, as well as the accompanying FAQs. To be sure you don’t miss it, here’s the crux of the license:
Reshot grants you an irrevocable, nonexclusive copyright license to download, copy, modify, distribute, perform, and use photos from Reshot for free, including for commercial purposes, without permission from or attributing the photographer or Reshot, but this license does not include the right to compile photos from Reshot to replicate a similar or competing service.
This means that Photos on the Service come with a very, very broad copyright license under the Reshot License. This is why we say that they are “Free to Use.” Note that the Reshot License does not include the right to use:
If you download photos with any of these depicted in them, you may need the permission of the brand owner or individual depending on how you use the Photo. Please see our FAQs for more information and, if you still aren’t sure, you should probably talk to a lawyer who knows about these things.
6. User Content
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE
7. Digital Millenium Copyright Act
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you think that materials uploaded to or posted on the Service infringe any of your copyrights, you may contact our Designated Agent at:
For this notification to be effective, you must provide it to Company's designated agent at: Attn.: Copyright Agent Fast Labs, Inc. d/b/a Reshot 1042 Princeton Dr. Marina del Rey, CA 90292 U.S.A. Email: email@example.com
Any notice that alleges materials hosted by or distributed through the Service infringe intellectual property rights must include:
We will terminate (without notice) the accounts of users that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice or has had infringing User Content removed from the Service more than twice.
8. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
9. Other Companies' Services and Linked Websites
You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because, well, we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.
10. Termination of Your Account
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by contacting firstname.lastname@example.org.
We may update, modify, or even discontinue the Service at any time without notice to you.
12. Modifying these Terms
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
13. Ownership of the Service
Reshot owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Photos, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We or our licensors own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
15. Disclaimer; No Warranties
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
EXCEPT AS EXPLICITLY PROVIDED IN SECTION 18, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE
Entire Agreement These Terms and any documents referenced herein constitute the entire agreement between you and Company regarding their subject matter, and govern your use of the Service (including, without limitation, all purchases made through the Service), superseding any prior agreements between you and Company (including, but not limited to, any prior versions of these Terms) with respect to the same subject matter. Provided that if we enter into an Image License Agreement with you, that agreement shall control your purchase and use of any Digital Images through the Services. You also may be subject to additional terms and conditions that may apply when you purchase Merchant Offers, use affiliate or other Company services or products, third-party content or third-party software. Except in the case of Image License Agreements that we and you enter into, in the event any of these Terms conflict with any other provision contained in any other agreement referenced in these Terms, these Terms shall control. Except as otherwise provided in these Terms, these Terms may only be modified in a writing signed by an authorized officer of Company.
Consent to Email Communications You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assignment; Waiver You may not assign these Terms or any rights granted herein. Company may assign or transfer these Terms or its rights or obligations hereunder without notice and without your prior approval. These Terms are for the sole benefit of the parties hereto and do not create any third-party beneficiaries, whether intended or incidental. These Terms will inure to the benefit of Company and its successors and assigns. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Governing Law; Venue; Disputes These Terms are governed exclusively by the laws of the State of California, without reference to its conflicts of law principles, and without regard to the United Nations Convention on the International Sale of Goods. The parties hereby submit to the exclusive personal jurisdiction of, and agree that, except for controversies and claims arbitrated under these Terms, any controversy, claim or legal proceeding with respect to or arising under these Terms shall be brought exclusively in, the state or federal courts located in Orange County, California. You further irrevocably consent to the service of process in any such action or proceeding by the delivery of a copy of such process to you at the address set forth in the Registration Data. The prevailing party in any claim or proceeding shall be entitled to reimbursement of court and reasonable attorneys', accountants' and experts' fees and costs. You hereby acknowledge that a breach of these Terms may cause irreparable harm and significant injury to Company that may be difficult to ascertain, and that a remedy at law may be inadequate. Accordingly, you agree that Company shall be entitled, without waiving any additional rights or remedies otherwise available to Company at law or in equity and without the necessity of posting bond, to seek injunctive and other equitable relief in the event of a breach or intended or threatened breach by You. Notwithstanding anything to the contrary, Company shall be entitled to seek and obtain injunctive relief in any court of competent jurisdiction. You are solely responsible for your interactions with other users of the Service. Company reserves the right, but has no obligation, to monitor disputes between you and other users of the Service. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY.
Legal Compliance You agree to comply with all local laws and rules regarding online conduct and acceptable content. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms. The Site is controlled and operated by Company from its offices in the State of California, in the United States of America. Company makes no representation that any of the Site are available or appropriate for use outside of the United States of America. If you access the Site from outside the United States of America, you do so on your own initiative and must bear all responsibility for compliance with local laws, if applicable. Your use of or access to the Service should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Severability If any provision(s) of these Terms, including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
Legal Equivalency These Terms and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Notice for California Users Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Fast Labs, Inc., 1042 Princeton Dr. Marina del Rey, CA 90292, U.S.A.