Last updated on December 5, 2019.
Thank you for using BookMyShoot. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the BookMyShoot website at www.bookmyshoot.net (the "Site") and any related mobile or software applications ("BookMyShoot Platform") including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").
These Terms are effective for all existing and future BookMyShoot users, including but without limitation to users having access to 'studio edit page' to manage their claimed studio listings.
Please read these Terms carefully. By accessing or using the BookMyShoot Platform, you are agreeing to these Terms and concluding a legally binding contract with BookMyShoot Technologies Private Limited and/or its affiliates. You may not use the Services if you are not eligible as per eligibility criteria section or do not accept the Terms or are unable to be bound by the Terms. Your use of the BookMyShoot Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'studio listing' to manage claimed studio listings or otherwise.
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "User Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "BookMyShoot Content" means content that BookMyShoot creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than BookMyShoot or its users and is available on the Services. When studio owner claims existing studio listing, content on that studio listing is treated as being uploaded by that studio owner and all terms related to user uploaded content is applicable for that information also. Which is why it is responnsibility of studio owner to validate and rectify any information on studio listing after claiming it.
"Studio" means the registered photo studio business or individual professional photographer listed on BookMyShoot and any related mobile or software applications of BookMyShoot.
"Studio Listing" means the studio page displayed for every registered and/or claimed Studio on BookMyShoot services
"Studio Owner" means the individual professional photographer or professional studio representative who has registered as Studio or claimed Studio listed on BookMyShoot and any related mobile or software applications of BookMyShoot.
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
You are Indian resident.
BookMyShoot may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of BookMyShoot Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
BookMyShoot may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with BookMyShoot. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
BookMyShoot is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which BookMyShoot provides, may require effecting certain changes in it, therefore, BookMyShoot reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if BookMyShoot disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while BookMyShoot may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, BookMyShoot may set such fixed upper limits at any time, at BookMyShoot's discretion.
By using BookMyShoot's Services you agree to the following disclaimers:
BookMyShoot reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the BookMyShoot Platform anytime in future.
BookMyShoot may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the BookMyShoot Platform terms. Further, BookMyShoot reserves the right to terminate / suspend the User's account and/or credits / points earned and/or participation of the User in the Program if BookMyShoot determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or BookMyShoot Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, BookMyShoot reserves the right to modify, cancel and discontinue its Program without notice to the User.
By submitting Your Content or claiming a existing studio listing you hereby irrevocably grant BookMyShoot a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any studio owner or existing content at the time of claiming studio listing) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against BookMyShoot or its Users, any third party services and their users.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Studio reserves the right to delete any images and pictures forming part of User Content, from such Studio's listing page at its sole discretion.
You represent that you have read, understood and agreed to our Content Guidelines
You represent that you have read, understood and agreed to our Community Guidelines
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
2. You acknowledge that BookMyShoot has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3. You hereby agree and assure BookMyShoot that the BookMyShoot Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of BookMyShoot in any form or manner whatsoever.
You agree that: (1) your Submissions and their Contents will automatically become the property of BookMyShoot, without any compensation to you; (2) BookMyShoot may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for BookMyShoot to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
The user can make a request for booking a time slot with a studio via the BookMyShoot Platform and related mobile or software application and such booking will be confirmed to a user by email, short message service ("SMS") and/or by any other means of communication only after the studio accepts and confirms the booking. The availability of a booking is determined at the time a user requests for a booking. While using the BookMyShoot Online Studio Booking Service, you shall be required to provide certain details, You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to BookMyShoot's terms and privacy policies and agree to receive booking confirmations by email SMS and/or by any other means of communication after booking through the BookMyShoot Online Studio Booking Service. User further agrees not to make more than one booking for the same time slot.
Currently BookMyShoot does not charge any fee for booking from user, rather booking is provided as convinience for studio owners and users to keep track of bookings. Because of this BookMyShoot can not give any guarantees of bookings status from either side, studio owner and user. We urge users and studio owners to communicate fees, advance fees, time slot, venue and any other terms and conditions clearly to each other while finalizing bookings. Studio owners and users can use any communication medium they feel apt for this communication. BookMyShoot is not responsible for any party not showing up at agreed time or venue, also any loss incured to any party because of other party(user/studio owner)
Modifications & Cancellations: As stated earlier as BookMyShoot booking is just for tracking purpose, any modifications and cancellations to bookings and any penlaties or charges for doing so should be decided by Studio Owners and users at the time of finalizing bookings. BookMyShoot will not be responsible for any dispute arising from modifications or cancellation of any booking.
Dispute: As stated earlier as BookMyShoot booking is just for tracking purpose, any disputes arising on bookings should be settled by Studio Owners and users among themselves, BookMyShoot can't be held responsible or can't arbitrate such disputes.
Additional Request: In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the studio by BookMyShoot and confirmed to the user basis studio's response. While BookMyShoot will take all the care to ensure timely communication of these requests to both the user and the studio, the liability to fulfill the request lies solely with the studio and BookMyShoot shall in no manner be liable if the studio does not honor any of the confirmed additional requests of the users.
Liability Limitation: Notwithstanding anything otherwise set out herein, BookMyShoot shall in no manner be liable in any way for any in-person interactions with the studio as a result of the booking or for the User's experience at the venue or in the event a studio does not honor a confirmed booking. BookMyShoot is only a platform connecting users to the studio and shall not be liable for any acts or omissions on part of the studio or user including deficiency in service, quality of photos, delay in any deliverables including payments, unlawful behaviour including but not limited to violance of 'Community Guidelines' or any other experience of the user.
Report to the concerned authorities: BookMyShoot has no claims to be a court of law. If you have a dispute with a studio, studio owner, studio representative including photographers and crew, or customer or if you feel their behaviour was illegal as per local law, contact the appropriate authorities directly. We will definately take feedback about related parties, but BookMyShoot is not the appropriate platform for reporting illegal activities, physical confrontations, or anything under investigation by local governing bodies or law-enforcement personnel. We encourage that such accusations be reported to the concerned authorities.
Contact Us: You may write to us at firstname.lastname@example.org for any further queries with regard to the BookMyShoot Online Studio Booking Service
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BookMyShoot, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS ("BookMyShoot PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BookMyShoot PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE BookMyShoot PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BookMyShoot OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY BookMyShoot, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.
You agree to indemnify, defend, and hold harmless the BookMyShoot Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
1. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following guidelines given in Contact Us section.
2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services
(a) For all Users: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
BookMyShoot shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the BookMyShoot Platform, or items advertised on the BookMyShoot Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any users of the Services repeatedly infringe on others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification:
Send the written communication to:
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
If you have any queries relating to the processing/ usage of information provided by you or BookMyShoot's Terms Of Service, you may email the Legal Team at email@example.com or write to us at the following address.