Terms of Service

 
 

Last Updated:  January 21, 2018

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Project Pose, you agree to comply with and be bound by these Terms of Service.  Please read it carefully.

Thank you for using Project Pose!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Project Pose (as defined below) governing your access to and use of the Project Pose website, including any subdomains thereof, and any other websites through which Project Pose makes the Project Pose Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces if, and when, they are established (collectively, "Application") and all associated services (collectively, "Project Pose Services"). The Site, Application and Project Pose Services together are hereinafter collectively referred to as the “Project Pose Platform”. Our Cancellation and Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Project Pose Platform are incorporated by reference into this Agreement.

When these Terms mention “Project Pose,” “we,” “us,” or “our,” it refers to the Project Pose company you are contracting with.

These terms cover policies that apply to both our network of Photographers (“Photographer” or “Photographers”), Customers who pay to use the Services, or potential Customers browsing the Project Pose Platform who may or may not choose to purchase a Service (“Customer” or “Customers”). When these Terms mention “Users,” it refers to both Photographers, Customers, and potential Customers alike. “User Content” refers to the images, photographs, reviews, or any other compositions created by either Photographer or Customer for use on Project Pose Platform.

A.  Content Policy

1.0  CONTENT POLICY RULES

1.1  Project Pose may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Project Pose Platform ("User Content"); and (ii) access and view User Content and any content that Project Pose itself makes available on or through the Project Pose Platform, including proprietary Project Pose content and any content licensed or authorized for use by or through Project Pose from a third party ("Project Pose Content" and together with User Content, "Collective Content").

1.2  The Project Pose Platform, Project Pose Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Project Pose Platform and Project Pose Content, including all associated intellectual property rights, are the exclusive property of Project Pose and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Project Pose Platform, Project Pose Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Project Pose used on or in connection with the Project Pose Platform and Project Pose Content are trademarks or registered trademarks of Project Pose in the United States and abroad. Trademarks, service marks, logos, trade names, Photographer-provided imagery for portfolio purposes only and any other proprietary designations of third parties used on or in connection with the Project Pose Platform, Project Pose Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

 

1.3  Users will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Project Pose Platform or User Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Project Pose or its licensors, except for the licenses and rights expressly granted in these Terms.

 

1.4  Subject to your compliance with these Terms, Project Pose grants Users a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download, visit and use the Site on your personal device(s); and (ii) access and view any User Content made available on or through the Project Pose Platform and accessible to you, solely for your personal and non-commercial use.

 

1.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Project Pose Platform, Customers and Photographers grant to Project Pose a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Project Pose Platform, in any media or platform. Unless provided with specific consent, Project Pose does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that Users may have to use or exploit your User Content.

 

1.6  On the Project Pose Platform Photographers are responsible for ensuring that their service is accurately represented in the Images rendered and the Photographer will stop using the Images on or through the Project Pose Platform if they no longer accurately represent the Photographer’s Profile/Account/Portfolio, if you stop participating in the Project Pose Service featured, or if the Photographer’s Project Pose Account/Profile is terminated or suspended for any reason.

 

1.7 The Photographer acknowledges and agrees that Project Pose shall have the right to use any Images or Content created through the Project Pose platform for the purpose of advertising, marketing and/or any other business purposes in any media or platform, whether in relation to the Photographer’s Profile/Account/Portfolio, or otherwise, without further notice or compensation to the Photographer.

 

1.8 The Photographer acknowledges and agrees that each Project Pose Customer shall have the right to use any Images or Content created through the Project Pose Platform that does or does not use the Customer’s likeness for the Customer’s personal usage, including sharing on a social media or digital platform, on a personal website, or printed for personal enjoyment or consumption.

1.9 The Customer acknowledges and agrees that they do not have the right to use User Content, featuring their own likeness or any other Customer from the Project Pose Platform, for commercial use. This may include, but is not limited to, sponsored blog posts, product promotion, or advertising of another business or service.  

1.10 Where Project Pose is not the exclusive owner of Images, by using such Images on or through the Project Pose Platform, the Photographer grants to Project Pose an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Profile/Account/Portfolio, or otherwise, without further notice or compensation to you. Project Pose in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Images outside of the Project Pose Platform solely and exclusively for the Photographer’s portfolio use.

1.11 Any User Content created by the Photographer through Project Pose are not authorized for third-party commercial use or sale, including but not limited to sale to a third-party company, or for advertising/marketing purposes for the Photographer.

1.12  Photographers are solely responsible for all Project Pose User Content that is made available on or through the Project Pose Platform. Accordingly, Project Pose Photographers represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Project Pose Platform or you have all rights, licenses, consents and releases that are necessary to grant to Project Pose the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Project Pose’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

1.13  Customers & Photographers will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Project Pose’s Content Policy or any other Project Pose policy. Project Pose may, without prior notice, remove or disable access to any User Content that Project Pose finds to be in violation of these Terms or Project Pose’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Project Pose, its Users, third parties, or property.

1.14  Project Pose respects copyright law and expects its Users to do the same. If  Users believe that any content on the Project Pose Platform infringes copyrights you own, please notify us. 

1.15  Project Pose may, in its sole discretion, remove, edit or disable User Content for any reason, including if Project Pose reasonably determines that User Content violates this Agreement. Project Pose does not assume any responsibility or liability for User Content, for removing it, or not removing it or other Content. Project Pose does not pre-screen all User Content and does not endorse or approve any User Content available on the Services.

B.  Content Policy (II) 

2.0  COMMUNICATION

2.1  By posting content in public areas on Project Pose (e.g.: reviews), or posting content received from Project Pose in public areas (e.g.: photographs),  you agree to abide by these guidelines and all other Project Pose policies. In regard to posting content in public areas on Project Pose, we reserve the right to remove any content, in whole or part, that violates these guidelines or our Terms of Service, or for any other reason at our sole discretion.

2.2  In the event of repeated or severe violations, we may suspend or permanently deactivate the account(s) in question.  We also reserve the right to remove any questionable content posted on the Project Pose Platform in the event of severe violations.

2.3  You can flag or contact us about posts that appear to violate these content guidelines.  Please refer any violation of content guidelines to Project Pose Customer Support at contact@projectpose.com.

3.0  PROJECT POSE DOES NOT ALLOW THE FOLLOWING

3.1  Prohibited Activities:

  • Advertising or other commercial content, company logos, links, or company names
  • Spam, unwanted contact, or content that is shared repeatedly in a disruptive manner
  • Content that endorses or promotes illegal or harmful activity, or that is profane, vulgar, obscene, threatening, or harassing
  • Content that is discriminatory (review our Non-Discrimination Policy for more information)
  • Attempts to impersonate another person, account, or entity, including a representative of Project Pose
  • Content that is illegal or that violates another person’s or entity’s rights, including intellectual property rights and privacy rights
  • Content that refers to the details of a Project Pose investigation
  • Content that is sufficient to identify a Customer’(s) and/or Photographer’(s) location or other content that may pose a personal safety risk to any other Project Pose Users
  • Interference with or disruption of Project Pose or any server or network used to support or provide Project Pose, including any hacking or cracking into Project Pose.
  • Use any software or program that damages, interferes with or disrupts Project Pose or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
  • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else using Project Pose.
  • Use any robot, spider or other automated device or process to access Project Pose for any purpose or copy any material on from Project Pose.
  • Promote, encourage or take part in any prohibited activity described above.
  • If you or someone using your Account violates this Agreement, fails to remedy this violation after a warning, Project Pose may take action against you, including revoking access to certain or all of Project Pose’s Services, or terminating your Account. In case of severe violations, Project Pose may take these actions without issuing a prior warning. When practical, Project Pose will notify you of the action it will take in response to violations of these rules or breach of this Policy.

3.2  Project Pose may, in its discretion, monitor or record online activity or Content on the Services and may remove any Content from any Service at its discretion. Remember that your communications and your User Content in any of the Services are public and will be seen by others.

4.0  IN ADDITION TO THE ABOVE, THE FOLLOWING GUIDELINES APPLY TO SPECIFIC TYPES OF CONTENT ON PROJECT POSE

4.1   Customer Accounts & Profiles:

  • Content that is fraudulent, false, misleading, or deceptive.

4.2   Reviews:

  • Reviews that do not represent the author’s personal experience or that of their companions
  • Reviews incentivized by a promise for payment, additional Services, or a discounted rate
  • Reviews motivated by a threat of extortion

4.3   Community:

  • Content that is off-topic, doesn’t ask a question, or doesn’t offer knowledge in response to a question as part of a larger discussion
  • Trolling or repeatedly targeting other users of the Project Pose platform

C.  Community Guidelines 

5.0  GENERAL COMMUNITY GUIDELINE RULES

5.1  We want Project Pose to be enjoyable and safe for everyone. These ground rules are designed to ensure that Customers and Photographers have a fantastic experience when using Project Pose. Please take a moment to read them. Because whether you’re a Customer trying to capture the perfect moment— or a Photographer looking to earn extra money by doing what they love — your behavior matters.

5.2  All users of the Project Pose Platform—both Customers and Photographers —agree to abide by our Community Guidelines while using the Platform and provided Services. These Guidelines create a shared standard of respect, accountability and common courtesy for everyone throughout the process.

5.3  What leads to deactivation? Project Pose may deactivate any user who does not follow the Community Guidelines, by engaging in, for example: violent or inappropriate behavior; inappropriate or abusive language; stalking or contacting users outside of the shoot; soliciting or engaging in sexual conduct or making sexual gestures; any criminal or illegal activity; and having illegal substances on or around a shooting location.

5.4  Issues that lead to an Project Pose account being deactivated include any violation of the following:

6.0  ZERO TOLERANCE FOR DRUGS & ALCOHOL

6.1  Project Pose does not tolerate the use of drugs or alcohol by Users while using the Platform or during the Services.

6.2  What leads to deactivation? Anyone that provides a service for the Platform having used drugs or alcohol will have their account deactivated. Project Pose may also deactivate the account of a User who receives several unconfirmed complaints of drug or alcohol use.

7.0  ACCURATE PERSONAL INFORMATION

7.1  The Project Pose is designed to give Customers identifying information about Photographers – for example: their name, or profile picture, before the shoot begins. Inaccurate or outdated information creates confusion among Customers and can diminish their experience with the Project Pose Platform.

7.2  What leads to deactivation? We may deactivate the account of a Photographer for activities such as: providing Project Pose with inaccurate information; allowing someone else to use his or her account.

8.0  OTHER UNACCEPTABLE ACTIVITIES

8.1  To maintain the transparency and safety of the Project Pose Platform for all users, activities conducted outside of the monitored system of Project Pose —like providing additional Services that the Customer has not paid for —are prohibited.

8.2  What leads to deactivation? We may deactivate the account of a Photographer for activities such as: harming the Project Pose business or brand, like unauthorized use of Project Pose trademark or other intellectual property, discouraging Customers or Photographers from using the Project Pose Platform, or otherwise violating the Photographer’s agreement with Project Pose; and soliciting payment outside the Project Pose system.

9.0  DISCRIMINATION

9.1  Project Pose’s mission is to connect Customers with up-and-coming photography talent so that users can present customized, curated photos to the world, all while allowing Photographers to do what they do best – and help them get paid while doing it! We do not tolerate discrimination by Photographers or Customers on our Platform.

9.2  What leads to deactivation? It is unacceptable to discriminate against a Customer or potential Customer based on characteristics like a Photographer’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law. Actions like these may result in deactivation of a Photographer’s account.

10.0  RESPECT EACH OTHER

10.1  Treat your fellow Customers and Photographers as you would like to be treated yourself: with respect. It’s common courtesy not to shout or swear. And by tidying up after yourself — whether it’s throwing away your trash or being respectful of others around you going about their day — you’ll keep the area of the shoot in good condition and ensure that others passing through after you’re gone were never the wiser. Most important of all, remember that when you use Project Pose you will meet people who may look different or think differently from you. Please respect those differences. We want everyone to feel welcome when they use Project Pose.

11.0  GIVE CUSTOMERS & PHOTOGRAPHERS THEIR PERSONAL SPACE

11.1  We all value our personal space and privacy. It’s OK to chat with other people during the shoot. But please don’t comment on someone’s appearance or ask whether they are single. And don’t touch or flirt with strangers on the shoot. As a reminder, Project Pose has a no sex rule. That’s no sexual conduct between Customers and Photographers, no matter what.

12.0  SAFETY FIRST

12.1  Everyone wants safe, smooth experience during the shoot. So please ensure that you follow the local law. Of course, Photographers have a particular responsibility when it comes to safety at Project Pose. That means always being conscious of their surroundings during the shoot – notably: traffic, weather, and other citizens going about their day; and never working under the influence of alcohol or drugs.

13.0  A SPECIAL NOTE ABOUT MINORS

13.1  Only adults over the age of 18 are authorized to have a Project Pose account. Please refer to our Privacy Policy for more information on our policy about minors using the Project Pose platform.

14.0  FEEDBACK MAKES US ALL BETTER

14.1  Whether you are a Customer or Photographer, please rate your experience at the end of the shoot. Honest feedback helps ensure that everyone is accountable for their behavior. This accountability creates a respectful, safe environment for both Customers and Photographers. And if something happens during a shoot — whether it’s an accident or an argument — make sure to report it by contacting our Customer support team so we can follow up.

D.  Terms of Use 

15.0  WHY CUSTOMERS CAN LOSE ACCESS TO PROJECT POSE

15.1  This policy helps explain the kinds of behavior that may lead riders to lose access to Project Pose. Please remember that if you’re buying a shoot for a group, or you allow other people to purchase a shoot with your account, you are responsible for their behavior on the shoot.

15.2  Ensuring a respectful, safe environment for all Customers and Photographers.

15.3  The way you behave while using Project Pose can have a big impact on the safety and comfort of Photographers, as well as your fellow Customers. Courtesy matters. That’s why you are expected to exercise good judgment and behave decently towards other people on the shoot when using Project Pose  — just as you would in any public place.

16.0 REASONS WHY CUSTOMERS COULD LOSE ACCESS TO PROJECT POSE

16.1  Damaging Photographers’ or other Customers’ property. For example, damaging the camera, breaking or vandalizing a phone, intentionally littering, vandalizing, or otherwise disturbing your surroundings.

16.2  Inappropriate physical contact with the Photographer or fellow subjects. As our Community Guidelines make clear, you shouldn’t touch or flirt with other people on the shoot. As a reminder, Project Pose has a no sex rule. That’s no sexual conduct with Photographers or fellow Customers, no matter what. And you should never hit or otherwise hurt a Photographer or fellow Customer.

16.3  Use of inappropriate and abusive language or gestures. For example, asking overly personal questions, using verbal threats, and making comments or gestures that are aggressive, sexual, discriminatory, or disrespectful.

16.4  Unwanted contact with the Photographer or fellow Customer after the shoot is over. For example, texting, calling, or visiting someone in person after a shoot has been completed.

16.5  Breaking the local law while using Project Pose. For example, bringing open containers of alcohol or drugs to the shoot; asking Photographers to break local laws; or using Project Pose to commit a crime.

16.6  If we are made aware of these kinds of problematic behavior, we will contact you so we can investigate them. Depending on the nature of the concern, we may put a hold on your account during our investigation. If the issues raised are serious or a repeat offense, or you refuse to cooperate, you may lose access to Project Pose. Any behavior involving violence, sexual misconduct, harassment, discrimination, or illegal activity while using Project Pose can result in the immediate loss of access to your account.

16.7  As a Customer, you agree to our Terms of Use when you sign up for your account. We may take action against you for violating these terms, including permanently closing your account. For example, the failure to maintain accurate, complete, and up-to-date account information, including having an invalid or expired payment method on file.

17.0  DISCRIMINATION

17.1  Project Pose has a zero-tolerance policy towards discrimination of any kind. This means you will lose access to your account if you are found to have discriminated against Photographers or other Customers based on their race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable law.

18.0  FRAUD OR ILLIGITIMATE BEHAVIOR

18.1  Fraudulent or illegitimate behavior undermines the trust on which Project Pose is built. We may deactivate any account(s) associated with this type of activity, including: abusing promotions; collusion between Photographer and Customer; disputing fares for fraudulent or illegitimate reasons; or duplicate accounts.

19.0  FIREARMS BAN

19.1  Project Pose prohibits Photographers and Customers from carrying firearms while on location for a shoot. If you violate Project Pose’s firearms prohibition policy, you will lose access to Project Pose.

20.0  WHY PHOTOGRAPHERS CAN LOSE ACCESS TO PROJECT POSE

20.1  If you are a Photographer, and your account/profile is temporarily blocked or deactivated, it limits your ability to make money. That’s why we believe it is important to have clear policies that explain the circumstances in which you may be denied access to the Project Pose Platform; how (if at all) you can use the Platform again; and how Photographers are informed about decisions under such policies.

20.2  Photographers will only use his or her photographic equipment for tour; no additional photos may be requested to be taken by the Photographer on any personal devices of the Customer, including but not limited to: cell phones, digital cameras, or any other photographic device.

20.3  Photographers that arrive late to a scheduled booking, cancel a scheduled booking without providing Project Pose at least 48-hour notice, or fail to show up to a scheduled booking, Project Pose reserves the right to withhold payment from said Photographer at its sole discretion.  For purposes of this provision, “late” constitutes arriving any more than 15 minutes after a booking was scheduled to start.  Project Pose recommends that all Photographers arrive at shoot locations 15 minutes prior to the start of the scheduled shoot. 

20.4  There will always be unforeseen events that may ultimately lead to you losing access to your Project Pose photography account/profile — we’ll update this policy regularly and we will notify Photographers about significant changes. There will always be unforeseen events that may lead to deactivation, so this policy cannot capture every possible scenario, but the general categories for deactivation are: quality; fraud; safety and discrimination.

21.0  QUALITY

21.1  Customers who use Project Pose expect Photographers to provide a safe environment in which Customers can be photographed, as well as be courteous and professional. The higher the quality of the Service, the more Customers want to use the Service, which in turn means more opportunities for Photographers to earn money. Poor service has the opposite effect over time.

22.2  Project Pose strives for a standard of excellence in the final photography product that we provide to Customers. Our quality standards include delivering focused and clear photographs, a selection of the best photographs from the session, and color correction and/or retouching on chosen photographs as the Photographer sees fit. Refer to section 30.8 for more information on quality assurance.

22.0  FRAUD

22.1  Fraudulent activity undermines the trust upon which Project Pose is built. We monitor our systems to detect Customers and Photographers who may be acting fraudulently or attempting to game our systems.

23.0  WHAT LEADS TO DEACTIVATION / DISMISSAL OF PHOTOGRAPHERS

23.1  We may deactivate any account(s)/profile(s) associated with fraudulent activity, including: deliberately increasing the time of a shoot; accepting shoot reservations without the intention to complete; creating Customer or Photographer accounts with fake details or for fraudulent purposes; claiming fees or charges on a false or fraudulent basis; and intentionally accepting or completing fraudulent activities.

24.0  SAFETY

24.1  Project Pose uses technology to keep Customers and Photographers safe.  We take safety-related allegations seriously and follow up on all of them using a process aimed at ensuring fairness and that gives Photographers an opportunity to share their side of the story.

24.2  Our investigation of these safety-related allegations may lead to account/profile deactivation. Because safety is our key priority, we may in some cases temporarily suspend a Photographer’s access to the Project Pose Platform when we are investigating a complaint.

E.  Feedback

25.0  We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Project Pose Platform (“Feedback“). You may submit Feedback by emailing us at contact@projectpose.com,  or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

F.  Indemnification

26.0  You agree to release, defend (at Project Pose’s option), indemnify, and hold Project Pose and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Project Pose Platform or any Project Pose Services, (iii) your interaction with any Users, participation in an Experience, Event or other Project Pose Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) your breach of any laws, regulations or third party rights. 

G.  Liability

27.0  Customers acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Project Pose Platform and its Collective Content, any published content on the Project Pose Platform, participation in any Experience or Event or use of any other Service or any other interaction the Customer has with other Project Pose Users whether in person or online remains with the Customer. Neither Project Pose nor any other party involved in creating, producing, or delivering the Project Pose Platform or its Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Project Pose Platform or its Collective Content, (iii) from any communications, interactions or meetings with other Project Pose Users or other persons with whom the Photographer communicates, interacts or meets with as a result of the Customer’s use of the Project Pose Platform, or (iv) from the Customer’s publishing on the Project Pose Platform or booking of a service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Project Pose has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Photographers pursuant to these Terms or an approved payment request under Project Pose, in no event will Project Pose’s aggregate liability arising out of or in connection with these Terms and the Customer’s use of the Project Pose Platform including, but not limited to, the Customer’s publishing on the Project Pose Platform or booking of a Service via the Project Pose Platform, or from the use of or inability to use the Project Pose Platform or its Collective Content and in connection with any Accommodation, Experiences, Event or other Service, or interactions with any other Project Pose Users, exceed the amounts you have paid or owe for bookings via the Project Pose Platform as a Customer in the twelve (12) month period prior to the event giving rise to the liability, if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Project Pose and you, the Customer. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Project Pose’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

H.  Disclaimers

28.0  If you choose to use the Project Pose Platform or its Collective Content, you do so voluntarily and at your sole risk. The Project Pose Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

28.1  You agree that you have had whatever opportunity you deem necessary to investigate the Project Pose Services, laws, rules, or regulations that may be applicable to the Service you are receiving and that you are not relying upon any statement of law or fact made by Project Pose relating to its Service.

28.2  If we choose to conduct identity verification or background checks on any Project Pose User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

28.3  You agree that some Experiences, Events or other Project Pose Services may carry inherent risk, and by participating in those Project Pose Services, you choose to assume those risks voluntarily. For example, some Project Pose Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Project Pose Services. You assume full responsibility for the choices you make before, during and after your participation in a Project Pose Service.

28.4  If you are bringing a minor as an additional Customer, you are solely responsible for the supervision of that minor throughout the duration of your Project Pose Service and to the maximum extent permitted by law, you agree to release and hold harmless Project Pose from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Project Pose Service or in any way related to your Project Pose Service.

28.5  The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

I.  Term and Termination, Suspension and other Measures

29.0  This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Project Pose terminate the Agreement in accordance with this provision.

29.1  You may terminate this Agreement at any time by sending us an email. If you cancel your Project Pose Account as a Photographer, any confirmed booking(s) for you will be automatically cancelled. If you cancel your Project Pose booking as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the time frame and circumstances of the cancellation.

29.2  Without limiting our rights specified below, Project Pose may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

29.3  Project Pose may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payment Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Project Pose believes in good faith that such action is reasonably necessary to protect the personal safety or property of Project Pose, its Users, or third parties (for example in the case of fraudulent behavior of a User).

29.4  In addition, Project Pose may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payment Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during Project Pose Account/Profile registration, (iv) the Customer or Photographer at any time fail to meet any applicable quality or eligibility criteria, (v) Photographers have repeatedly received poor Ratings or Reviews or Project Pose otherwise becomes aware of or has received complaints about the Photographer’s performance or conduct, (vi) Customers or Photographers have repeatedly cancelled confirmed bookings or Photographers have failed to respond to booked shoots without a valid reason, or (vii) Project Pose believes in good faith that such action is reasonably necessary to protect the personal safety or property of Project Pose, its Users, or third parties, or to prevent fraud or other illegal activity:

  • cancel any pending or confirmed bookings;
  • limit your access to or use of the Project Pose Platform;
  • temporarily or permanently revoke any special status associated with your Project Pose Account/Profile; or
  • temporarily or in case of severe or repeated offenses permanently suspend your Project Pose Account/Profile.

29.5  In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Project Pose and an opportunity to resolve the issue to Project Pose's reasonable satisfaction.

29.6  If Project Pose takes any of the measures described above (i) we may refund Customers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) Photographers will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

29.7  When this Agreement has been terminated, both Photographers and Customers are not entitled to a restoration of their Project Pose privileges or any User Content. If a Customer’s or Photographer’s access to or use of the Project Pose Platform has been limited or a Customer’s or Photographer’s Project Pose Account/Profile has been suspended or this Agreement has been terminated by us, the Customer or Photographer may not register a new Project Pose Account/Profile or access and use the Project Pose Platform through an Project Pose Account/Profile of another Photographer or Customer.

29.7 If Customer, Photographer, or Project Pose terminates this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

J.  Booking Modifications, Cancellations and Refunds, Resolution

30.0  Customers can cancel a confirmed booking at any time subject to the following cancellation policy: any cancellations instructed or executed by the Customer within 48-hours of the shoot, or failure to show up on time for a shoot (after the “Grace Period”, as defined below, has lapsed), will not be entitled to a refund.  Project Pose will provide any refund to the Guest in accordance with such cancellation policy, and within the aforementioned time period mentioned above. Unless extenuating circumstances exist, including but not limited to, death or inclement weather, and in the sole discretion of Project Pose, any amounts due to Project Pose under the applicable cancellation policy will be remitted to Project Pose.  The Grace Period for arriving at a shoot booked by the Customer will be no more than 15 minutes. Project Pose recommends that Customers arrive 15 minutes early to any/all purchased shoots.

30.1  If Project Pose cancels a confirmed booking, the Customer will receive a full refund of the fees for said booking.

30.2  If inclement weather creates an unsafe or uncomfortable scenario for Customers, Project Pose may modify or cancel a booking. If there is a substantial change in the booking or Project Pose’s Service’s need to be cancelled, Project Pose will work to provide Customers an alternative date, Photographer, or Location for the shoot, and provide an appropriate refund or a rebooking.  Claims of inclement weather will be evaluated by Project Pose on a case-by-case basis, and decided upon by Project Pose, at its sole discretion.

30.3  In certain circumstances, Project Pose may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for the following reasons: (i) Project Pose believes in good faith, while taking the legitimate interests of the Customer, the Photographer and Project Pose into account, this is necessary to avoid significant harm to Project Pose, other Users, third parties or property, or (ii) for any of the reasons set out in these Terms.

30.4  If a Customer suffers a travel issue, Project Pose may determine, in its sole discretion, to refund the Customer part or all of the total fees for booking the Service.

30.5  Project Pose reserves, in its sole discretion, the right to change requested Photographers in advance of a booked shoot, but will notify the Customer of such changes in advance of the shoot.

30.6  Customers may contact Project Pose to request refunds for damage claims related to bookings at contact@projectpose.com.   

30.7  If Project Pose or its Photographers fail honor the Terms listed above, or Project Pose does not deliver photographs to Customers within a 24-48 hour time period, Customers will be entitled to a partial or full refund at the discretion of Project Pose, depending upon the severity, and/or length of the violation.

30.8  After Project Pose’s Services have been rendered to completion, and for purpose of this provision, that means photographs were delivered on time, and within the quality standards established internally by Project Pose, Customers will have no further recourse to Project Pose, notably in regard to the creative output from the Photographer.  For any other Customer concerns, please reach out to the Project Pose Customer Support team at contact@projectpose.com.

K.  General Provisions

31.0  Except as they may be supplemented by additional terms of service, and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Project Pose and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Project Pose and you in relation to the access to and use of the Project Pose Platform.

31.1  No joint venture, partnership, employment, or agency relationship exists between you and Project Pose as a result of this Agreement or your use of the Project Pose Platform.

31.2  These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties involved in this Agreement.

31.3  If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

31.5  Project Pose’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Project Pose in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

31.6  You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Project Pose's prior written consent. Project Pose may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

31.7  Unless specified otherwise, any notices or other communications to Project Pose Users permitted or required under this Agreement, will be in writing and given by Project Pose via email, Project Pose Platform notification, or messaging service (including SMS and WeChat).

31.8  If you have any questions about these Terms please email us at contact@projectpose.com.

L.  Modification of these Terms

32.0  Project Pose reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Project Pose Platform and update the “Last Updated” date at the top of these Terms.  If you disagree with the revised Terms, you may terminate this Agreement with immediate effect.  If you do not terminate your Agreement within 10 days after the date the revised Terms become effective, your continued access to or use of the Project Pose Platform will constitute acceptance of the revised Terms.

M.  Questions

Please direct any questions you may have about these Terms of Service to any one of the following:

  • By mail: Project Pose, Inc., attn.:  Support, 133 Ludlow Street, 2F New York, NY 10002, with a subject line of “Terms of Service.”
  • By email: contact@projectpose.com, with a subject line of “Terms of Service.”

The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of these Terms of Service.