SHOOT EXPERIENCE: TERMS & CONDITIONS

SHOOT EXPERIENCE: TERMS & CONDITIONS

1. DEFINITIONS

A “Competition” means any competition held by Shoot Experience.

An “Event” means any event held by Shoot Experience including, without limitation, any of the following:

a one day public event;

a one day corporate event;

a photography workshop;

a lite event where clues are downloaded and photos uploaded online; or

an exhibition;

A “Shoot Experience Website” means www.shootexperience.com or the ‘Shoot Bank’ website, at www.shootbank.co.uk, www.shootbank.eu and www.shootbank.net.

“Photo(s)” means a photograph, image, picture including meta data (caption, keyword, title, description, inherent photo information (date, format, dimensions etc) in any digital or analogue form including but not limited to printed Photos and those stored on tape, CD, DVD, hard drive, disk, file or database that is provided by us to you for your usage.

An “Entry” means any photo or image submitted by you or your representative to a Shoot Experience Website and or Competition or Event.

“We”, “Us”, “Our” and “Shoot Experience” means ShootExperience Ltd including their directors, officers, employees, shareholders, partners, agents and representatives.

2. EVENTS & COMPETITIONS

Entry and participation in an Event or competition is subject to these Terms and Conditions and your compliance with all applicable laws and regulations.
To participate in a Shoot Experience Event you must be over the age of 18 years or accompanied by an adult. By participating in an Event you therefore confirm that you are over 18 years of age or will be accompanied by an adult.
Competitions are open to all ages unless otherwise specified on the individual Competition's Rules page.
Shoot Experience reserves the right to disqualify you from a Shoot Experience Event if you behave in a way that Shoot Experience deems to be unacceptable. In such a case, the rights you have granted to Shoot Experience under these Terms and Conditions will survive your disqualification.
All payments to Shoot Experience in relation to a Shoot Experience Event are final and non-refundable.
Shoot Experience reserves the right to modify or cancel an Event should circumstances deem it necessary (for example but not limited to: a compelling legal or technical reason). In the case of such a cancellation, Shoot Experience will make reasonable attempts to communicate to you in reasonable time via email and through the Shoot Experience Website.
In the event of a cancellation, no indemnity or compensation will be given to the participants. Where you have paid for tickets through PayPal, your tickets for a cancelled Shoot Experience Event will be refunded in full through PayPal. Shoot Experience takes no other responsibility for costs incurred other than those of ticket sales and the associated PayPal charges.
Employees of Shoot Experience, any company involved in a Competition, any company connected with Shoot Experience or any such person’s subsidiary or associated companies, agents or members of their families or households, are not eligible to enter a Competition.
The result of the Competition or Event is final and binding and no correspondence in relation to a result will be entered into.
Shoot Experience cannot guarantee that the prizes advertised will be the prizes received. Where We can't provide the prize as described, We will substitute it for a prize of similar value, at Our discretion. Please check Our Website for updates.
Whilst Shoot Experience will make every effort to deliver your prize to you We will not be held responsible in the event of a prize becoming lost in the post. You are able to collect your prize from Our premises - address details can be found on the contact page of Our Website. If you agree to picking up your prize and have not picked it up within 6 months We reserve the right to revoke the prize.
Free entry to events is provided as prizes at events. When claiming your free event entry restrictions may apply as to which events it is possible to redeem your free entry at. This is due to availability and individual partners We may work with as well as external ticket sales. See individual event rules for details.
At each event you will be required to sign sign a document agreeing to a simplified version of these Terms and Conditions. In addition, you will be offered the opportunity to sign a license agreement with Shoot Bank which contains a model release and exclusivity term, for sale of your photos at shootbank.net.
Events and Competitions are judged by representatives from Shoot Experience Ltd, its affiliate photographers and partner representatives where applicable. Please see http://www.shootexperience.com/about/judges and the Event/Competition info and rules pages for more specific information.
The provisions contained within Paragraph 5 ‘Copyright’ below relating to copyright apply to this section - Paragraph 2 ‘Events and Competitions’ and the provisions contained herein.
You may submit the same photo to more than one competition but it is unlikely that a winning photo from one competition will win again in subsequent competitions.

3. PHOTOGRAPHIC ENTRIES AND SUBMISSIONS

When you enter a Shoot Experience Competition or Event, you agree to enter into a release with Shoot Experience in relation to your Competition or Event Entry by agreeing:

that you have read these Terms and Conditions and that you understand and accept them;
to grant to Shoot Experience and its partners (for that Event/Competition) the non-exclusive, irrevocable, worldwide right and licence to use your Entry solely and exclusively for publicity and marketing purposes and in all media in relation to marketing future Competitions and/or Events for a 5 year period.
that you have not granted any other person any rights that conflict with the licence granted above;
that you are not under any contractual or other obligations preventing you from entering into this release with Shoot Experience;
that you have received all necessary permissions and consents required to make the Entry and for Shoot Experience to use it;
that no third party owns any copyright or other rights in your Entry and has no right or interest in it;
to sign all documents necessary for this release and licence; and
to indemnify and continue to indemnify Shoot Experience against any claim for and breach of copyright arising from your entries.

4. SHOOT BANK (if opted in when you uploaded photos - optional)

1. By opting in to Shoot Bank when uploading photos (optional), You accept that Your photos may be submitted to Shoot Bank (shootbank.eu, shootbank.co.uk or shootbank.net) and thus made available to the public to buy as Royalty Free photos
By submitting Your photos to Shoot Bank, you agree to enter into a release with Shoot Experience in relation to your competition Entry by agreeing:

That You have read these terms and conditions and that you understand and accept them;
To grant to Shoot Experience the non-exclusive (unless agreed by both parties to be exclusive), irrevocable, worldwide and perpetual right and licence to use your Entry for all purposes and in all media and to give all other consents (if any) which Shoot Experience requires including under copyright, data protection and privacy laws worldwide, for all and any commercial use of your Entry;
in relation to any commercial use of the photos, Shoot Experience may use the Entry in any way it deems fit in marketing and publicizing Shoot Bank and the photo library.
That your entry is your own work and is not copied from any third party;
That you have not granted any other person any rights that conflict with the Shoot Experience license granted;
That the entry may be modified in any way that Shoot Experience requires;
That you are not under any contractual, or any other obligations, preventing you from entering into this release with Shoot Experience;
That you have received all necessary permissions and consents required to make the Entry and for Shoot Experience to use it;
That no third party owns any copyright or any other rights in Your Entry and has no right or interest in it; and
To sign all documentation necessary for this release and licence.

After the deduction of an admin fee of 7.5%, any profits made from the sale of your photos by Shoot Experience will be divided equally between Shoot Experience and You. This means that 92.5% will be divided equally between Shoot Experience and the Photographer.
Payment will be made by cheque or BACS (UK only) or through Paypal once your account reaches £50 or after 3 months, whichever occurs first, and on each occasion when that account reaches £50/ every 3 months thereafter.
In the case of a team Event, any profits made from the sale of your team’s photos will be divided equally between Shoot Experience and your team, after the deduction of an admin fee of 7.5%. Each team member will receive an equal share of the team’s half of the profits. Payment will be made by cheque or BACS (UK only or through Paypal) to each team member once that team member’s individual account reaches £50 or after 3 months, whichever occurs first, and on each occasion when that account reaches £50/ every 3 months thereafter. For further details please email hello@shootbank.co.uk.
Photo prices range from £10 to £50 depending on quality and whether the photos have appropriate releases and are sold exclusively.
It is possible to remove your Photo(s) from Shoot Bank via your Profile at www.shootexperience.com

5. COPYRIGHT

All copyright, design rights, database right and other like rights in Shoot Experience Websites, Events, Competitions and Shoot Bank belong to and vest in Shoot Experience, or are licensed to Shoot Experience unless otherwise specified. All such rights of Shoot Experience are hereby asserted and reserved.
The copyright in any photos that you submit as part of a Competition or Event or to Shoot Bank will be owned by you but you will to grant to Shoot Experience and its partners (for that Event/Competition) the non-exclusive, irrevocable, worldwide right and licence to use your Entry solely and exclusively for publicity and marketing purposes and in all media in relation to marketing future Competitions and/or Events for a 5 year period.
In the case of a team Event, Shoot Experience shall deem that any photographs created or submitted hereunder have been created jointly by team members. Shoot Experience has no responsibility for the way in which the team members share the copyright in the photographs or any income derived there from.
Shoot Experience will always attribute your name, team name or user name as author of your photo on Shoot Experience Websites. We will always try to attribute a credit to your photo(s) where possible.

6. CONFIDENTIALITY AND PRIVACY

Any communication or material, including without limitation, any data, questions, comments and suggestions that you transmit to, upload or post on to or any public area of this site will be treated as non-confidential and non-proprietary information unless otherwise stated by Shoot Experience. We reserve the right to remove without notice any material posted in any public area of the site.
When you register or sign up to a Shoot Experience Competition or Event, Shoot Experience may ask you for certain information and you may submit personal data to Shoot Experience (including your name, postal address, email address and other personal details). Shoot Experience may also record which events and competitions you participate and are interested in. Shoot Experience makes a commitment to protecting your privacy and agrees only to use such information in accordance with the Data Protection Act 1998.
Shoot Experience is registered with the Information Commissioner in accordance with the Data Protection Act 1998.
If you have any questions about privacy or the Shoot Experience Privacy Policy, or if you have already submitted information that you do not wish Us to have or is incorrect, or if you think that Shoot Experience has data about you that you do not want Us to use please contact Us at the address above and the information will be corrected as soon as possible or removed from the database at your request.

7. ETHICAL DEALINGS

Shoot Experience is an ethical company and is committed to honest and fair dealings with its clients, customers, participants, suppliers and staff as set out by moral ethics, common business practice and UK Law.

8. MARKETING

As an integral part of Shoot Experience and the service it provides, once you have registered, from time to time you will receive communications from Shoot Experience in the form of a monthly newsletter about Shoot Experience Competitions and Events, other events, developments, future offers, promotions, discounts, and related activities We think you may find useful. These communications will be sent by email and will come from Shoot Experience. By participating in a Shoot Experience Competition or Event, you are agreeing to be added to Our mailing list and to receive such communications. In each such communication We shall give you the chance to opt out of receiving such communications in future.
Shoot Experience does not sell, trade or rent your personal information to other companies; however, when We send you information or communications about other reputable companies’ products/services that We think may be of interest to you, it is up to you if you then want to contact such companies directly; if you do, Shoot Experience has no responsibility for any arrangements made directly with such companies; the use of any personal data that you provide to such companies will be on their terms and conditions that Shoot Experience will hold no responsibility or liability for.

9. COMPLIANCE

Shoot Experience shall use reasonable endeavours to comply with any relevant industry standards and to obtain (as applicable) all necessary licenses, consent and approvals for the operation of the Shoot Experience business.

10. LIABILITY

a. Shoot Experience does not guarantee that the facilities and functions of the Shoot Experience Websites will be free from error or uninterrupted, that the site or the server that makes them available to you are free of viruses or bugs, that defects will be corrected, or that the content on the Shoot Experience Websites is accurate or complete.

b. You agree that, to the maximum extent permitted by law, Shoot Experience excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect, punitive or consequential loss whether or not such loss arises out of any problem you notify to Shoot Experience and Shoot Experience shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to the infringement by any person of any intellectual property rights of any third parties caused by their participation in a Shoot Experience Event or Competition;

any amount or kind of loss or damage due to viruses or other malicious software that may infect your camera or computer equipment, software, data or other property caused by handling of your camera or computer equipment, transmissions via emails or attachments received from Shoot Experience;
the availability, quality, content or nature of sites or services on the internet that are owned or operated by third parties to which the Shoot Experience Websites link and sites or services located on or through any third party sites, or any transactions involving third party sites; and
all representations, warranties, conditions and other terms which but for this notice would have effect.

c. These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law, nor shall they exclude or limit Shoot Experience’s liability for death or personal injury resulting from its negligence, nor its liability for any fraudulent representation.

11. GENERAL

Your participation in a Shoot Experience Event or Competition constitutes acceptance of these Terms and Conditions and Our Privacy Policy.
Shoot Experience may change these Terms and Conditions at any time by posting changes online under this section “Terms and Conditions”, "T & C's", "T&Cs" or "Ts & Cs". Your participation in an Event or Competition and continued use of the Shoot Experience Website after changes have been posted constitutes acceptance of the modified terms.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England, Wales and Northern Ireland. Any disputes shall be subject to the exclusive jurisdiction of the Courts of England, Wales and Northern Ireland.
If you do not accept these Terms and Conditions in full, you must not participate in a Shoot Experience Event or Competition. We reserve the right to prevent you from participating in an Event or Competition, without prejudice to any of Our other rights, if We consider that you have contravened Our Privacy Policy or any of these Terms and Conditions.
No action of ShootExperience Ltd. other than an express written waiver or amendment may be construed as a waiver or amendment of any of these Terms and Conditions. Should any clause of these Terms and Conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

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Shoot Experience events and competitions comply with Pro Imaging's Bill of Rights which promote fair and transparent terms of entry to photography competitions.

When taking part in a Shoot Experience event, you are given the option at the event to submit your photos for selection to our photo library, Shoot Bank. This same option is also given to participants online when they upload photos to competitions or events.
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