Terms of Service
Terms you should be familiar with:
“User” “you” or “your” means a person, organization or entity using the Services, including Clients and Photographers.
“Client(s)” means a person who completes Pozbee’s account registration process to book a Photographer.
“Photographer(s)” means a photographer who can provide the photography services sought and who is accepted by Pozbee on the App.
“Photography Service(s)” means photography-related services provided by Photographers.
“Terms of Service” means this overall legal agreement between any Users and Pozbee.
“Service” means allowing Users looking for on-demand photography services to connect other Users through Pozbee’s mobile applications and related services.
“Initial Photos” means unedited photographs that are taken by Photographers for Clients to select from.
“Final Photos” means edited photographs that are ready to be delivered to the Clients.
What is Pozbee?
Pozbee LLC is an online booking, payment, and matching marketplace that connects Photographers with the Clients.
What you should know about the changes we may make for Terms of Service
The Terms of Service may be modified or changed at any time at our sole discretion. We will post the changes on this page and indicate at the top of the page when these terms were last revised. In addition, we may inform you via the Services interface, an email message, or some other reasonable method. The changes will take effect fourteen (14) days after they are posted, with the exception of changes relating to new functions of the Services or changes resulting from the law. After any such changes become effective, your continued use of the Service constitutes your acceptance of the new Terms of Service.
Read about Terms of Service because it is about your legal rights
THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE READ THEM CAREFULLY. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT ANY CLAIMS YOU HAVE AGAINST US BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
You may file a lawsuit against us on individual basis, not through a class action.
In addition, you may not file claims against us through a class action or representative proceeding, nor will you be authorized to file a class action or representative proceeding against us. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS. If you are seeking relief (including monetary, injunctive, and declaratory relief), you must do so on an individual basis.
By reference, all such Terms of Service are hereby incorporated by reference.
The App includes an online marketplace where photographers can offer photography services, and Clients can book such photography services.
What services are we providing?
Pozbee's Services only facilitates the matching of Clients with Photographers and the booking of Photography Services.
Pozbee does not offer any photography-related services.
Pozbee's responsibilities are limited to:
Making the App available, and
Serving as the limited agent for each Photographer for the purpose of accepting payments from Clients on behalf of the Photographer.
We are not party to any agreement between Clients and Photographers and we disclaim all kinds of liability that may arise from Clients and Photographers relationship.
YOU ACKNOWLEDGE AND AGREE THAT:
Neither Pozbee nor any of its personnel are parties to any agreement entered into by Photographers and Clients.
Pozbee provides only payment processing and matching services.
Photographers are contracted directly with Clients for photography services.
Pozbee is not a broker, agent (except as specifically set forth below) or insurer, and Pozbee has no control over the behavior and conduct of photographers.
Pozbee disclaims all responsibility in this regard for Clients, other users of the app, or users of the photography services.
PHOTOGRAPHERS AND CLIENTS MAY BE AFFECTED differently depending on the sections of the App and Terms of Service, so be sure to carefully read these terms.
YOU ARE PHOTOGRAPHER
The following terms and conditions apply to you as a Photographer. This subsection does not intend to limit Terms of Service. All other Terms of Service provisions still apply to you. Therefore you should read the entire Terms of Service carefully.
You may not have an off-platform activity:
As a Photographer, you may not encourage or induce Users to receive services similar to those offered by the App. The consequences of such violation are set forth below.
This App is provided to you at no charge by Pozbee. However, as described below, a significant portion of any compensation Pozbee receives for providing this App to you is collected through the Pozbee Fee. Only when a Photographer and a Client make payments through the App will Pozbee receive this Fee.
Consequences of this violation is severe:
Should you breach this obligation in respect to a Client-Photographer relationship during the Non-Circumvention Period, you agree to pay an "Off-Platform Activity Penalty" of $1,000 USD per off-platform relationship to Pozbee.
Contact Pozbee using the details below for instructions on how to pay the Off-Platform Activity Penalty.
By downloading the App, you agree to abide by the Payment Terms, except if you pay the Off-Platform Activity Penalty.
We may run a background check and you consent to it.
Photographers who wish to offer Services through Pozbee must consent to a background check to screen for any criminal history that may pose a safety risk to Pozbee or Clients.
Any criminal history that determines that a Photographer account may present a safety risk to Service Providers, such as violent crimes, felonies, drug-related offenses, sexual offenses, theft or property damage offenses, will automatically disqualify them for activation of Pozbee.
Unless prohibited by law, Pozbee reserves the right to disqualify or refuse service to any Photographer for any reason.
By accepting these Terms of Service as a Photographer, you consent to having your background checked by a third party (e.g. Checkr or other service providers may be used). This is to contribute to Pozbee's ability to determine your eligibility for the Services and to assist Pozbee evaluate your continued compliance with these Terms of Service.
In this regard, you consent without restriction to any state or federal law enforcement agency or court, educational institution, motor vehicle record agency, credit bureau or other information service bureau or data repository, or employer providing any and all information pertaining to you to Pozbee and/or its agents, and you agree to allow Pozbee's agents to give all such information to Pozbee.
Depending on the applicable federal and state laws, the report may include, but is not limited to, criminal and other public records and history; public court records; motor vehicle and driving records; professional disciplinary actions; drug/alcohol test results; and information on the address history as well.
Credit bureaus, government agencies, judicial records, and other sources that are not mentioned here can provide this information, as can credit reporting companies, government agencies, and private institutions.
Fair Credit Reporting Act requirements will be followed in obtaining the report. Consumer Financial Protection Bureau provides a summary of rights under the Fair Credit Reporting Act at “http://files.consumerfinance.gov/f/201504_cfpb_summary_your-rights-under-fcra.pdf”
You must keep Proprietary Information confidential
Photographer agrees that certain confidential information (including, without limitation, photography guides, information packages, computer programs, technical drawings, algorithms, know-how, formulas, processes, ideas, inventions (whether patentable or not), schematics and other technical, business, financial, customer and product development plans, forecasts, strategies and information) that Photographer receives in connection with the Services constitutes "Proprietary Information."
Proprietary Information will be held in confidence by photographers and not disclosed or used.
A reasonable degree of care should be used by Photographers to prevent unauthorized access or disclosure of the proprietary information.
However, Photographer shall not be required to comply with this paragraph with regard to information Photographer documents that is or becomes publicly available without restriction through no fault of Developer.
Upon termination and as otherwise directed by Pozbee, Photographer shall promptly return to Pozbee all originals and copies of Proprietary Information.
What obligations are there more for Photographers?
Photographers must provide all the requested information to Pozbee in order to be matched with a Client, including their background, experience and skills, Initial Photos taken by them, contact details and a headshot.
A Photographer cannot give or sell his/her account to another, nor can he/she commit fraud.
Pozbee will deposit Photographers' earnings into their accounts biweekly.
A 10% service fee is taken by Pozbee from the earnings of Photographers.
As soon as the photographer agrees to the booking request, Photographer must to show up at the photoshoot location on time and perform the photography service agreed to.
If a photoshoot is not completed within the time frame provided by the Photographer, the Client may be asked to pay an extra fee through the app.
Once Client accepts, the clock starts counting for extra time and the user is charged accordingly ($15 for each extra 15 minutes). Or Photographer may continue a photo shoot with no extra charge until he/she ends the photo shoot.
Initial Photos must be posted within 24 hours of the photoshoot for Clients to choose from.
Once the Initial Photos are uploaded by the Photographer, any photos that were not selected by the Client within 48 hours can be edited and uploaded as Final Photos by the Photographer.
In addition, Photographer must keep Pozbee's contact information and availability information accurate and current, including the days and times when Photographer is available to complete Bookings or to be booked by a Client.
After being matched with a Client, you have the option to decline the job, but Pozbee has the sole discretion to decide if such a refusal will harm your ability to be matched in the future.
In addition, Pozbee may ask Photographer to provide us with your previous works.
It is solely up to Pozbee to choose which photographers are accepted into the marketplace, and we reserve the right to reject any potential Photographer and remove any Photographer from the marketplace at any time.
It is Pozbee's discretion whether to conduct background checks on Photographers.
EACH PHOTOGRAPHER IS SOLELY RESPONSIBLE FOR OBTAINING ALL PERMITS, LICENSES AND OTHER PERMISSIONS REQUIRED TO OFFER OR PROVIDE ANY PHOTOGRAPHY SERVICES OR OTHER PHOTOGRAPHER-PROVIDED SERVICES AND Pozbee ASSUMES NO RESPONSIBILITY FOR A PHOTOGRAPHER'S FAILURE TO OBTAIN SUCH PERMITS, LICENSES OR PERMISSIONS OR OTHERWISE COMPLY WITH ANY APPLICABLE LAWS, RULES OR REGULATIONS.
AS A PHOTOGRAPHER, YOU MUST KNOW THIS: YOU ARE NOT AN EMPLOYEE, AGENT OR REPRESENTATIVE OF POZBEE. YOU CHOOSE YOUR WORKING HOURS, YOU BRING YOUR OWN TOOLS, YOU ARE FREE TO TAKE OTHER JOBS AND POZBEE DOES NOT AND WILL NOT OVERSEE THE WAY YOU DO THE PHOTOGRAPHY SERVICE.
In no way will this Agreement constitute Photographer as an employee, agent, or representative of Pozbee and Photographer will perform the Services hereunder as an independent contractor.
Photographer acknowledges and agrees that: (1) Photographer is obligated to report as income all compensation received by Photographer pursuant to this Agreement; (2) Photographer has the sole obligation to pay all self-employment and other taxes thereon; and (3) Photographer, as an independent contractor, is not eligible for any employee benefits from Pozbee (nor does Photographer desire any of them) and expressly waives any entitlement to such benefits.
Photographer agrees and acknowledges that Photographer will act in their own judgment in performing the tasks assigned .
Photographer, acknowledges and agrees that Pozbee is neither an insurer nor a contracting agent or employer for Photographer.
If a Client purchases any of your Photography Services, any agreement Photographer enters into with the Client is between the Photographer and the Client. Pozbee is not a party to that agreement.
Photographer acknowledges and agrees that Pozbee acts as Photographer’s limited authorized agent to accept payments from Clients on Photographer’s behalf, and to transmit Photographers share of such payments to Photographer.
Photographer acknowledges and agrees that Photographer are responsible for their own actions or omissions.
Photographer understands and agrees that Pozbee does not provide any medical coverage for bodily injury or damage or property damages resulting from providing Photography Services.
Medical bills, travel expenses, or wages lost as a result of the injury are not covered by Pozbee, and neither are accommodations.
If Photographer fails to perform their obligations on account of no fault of Pozbee or Client, Pozbee reserves the right to issue a monetary penalty to Photographer.
YOU ARE A CLIENT
The following terms and conditions apply to you as a Client. This subsection does not intend to limit Terms of Service. All other Terms of Service provisions still apply to you. Therefore you should read the entire Terms of Service carefully.
You may not have an off-platform activity:
As a Client, you may not encourage or induce Users to receive services similar to those offered by the App. The consequences of such violation are set forth below.
Payments, Terms & Conditions: How do we handle payments and what are the general guidelines?
Clients are responsible for paying all applicable fees for Photography Services and any digital downloads or prints purchased either after the completion of the Photography Services or as part of a package ("Purchased Prints"), as set forth on the App (collectively, "Photographer Fees").
A photographer's fee will be charged in the currency specified in the application at the time of booking.
In case of no-show or cancellation within after 5 minutes of matching, the client is required to pay $10.
After the Photographer uploads the Initial Photos, the Client should select unedited photos within 48 hours. Otherwise, Client will not object to a Photographer selecting random photos from related shoots to edit and deliver them.
Pozbee charges a "Booking fee" of 10% on the photoshoot rate.
If a photoshoot is not completed within the time frame provided by the Photographer, the Client may be asked to pay an extra fee through the app.
Once Client accepts, the clock starts counting for extra time and the user is charged accordingly ($15 for each extra 15 minutes) or Photographer may continue photo shoot with no extra charge until he/she ends the photo shoot.
Clients may be charged a change fee if they request modified Photography Services, including but not limited to changes to the time, location, or type of Services. Any variations must be paid in full before they are accepted and performed.
Users shall be responsible for all taxes associated with the Services other than U.S. taxes based on Company’s net income.
Unless otherwise stated herein or expressly approved by Pozbee in writing (or at the discretion of Pozbee), all payments are final and non-refundable.
The Client has no right to cancel the purchase. When you pay the Company by credit card or other means of payment, Client represents and warrants that the information you provide is true and that you have the permission to use such a payment instrument. If your billing address or credit card expiration date changes, you will promptly update your account information. According to the terms for the Photographer Fees as specified on the App, and this Terms of Service, you agree to pay Company the amount indicated on the App.
Payment for Photographers
In the event the Client claims that the Photography Services were not provided or completed adequately, Pozbee has sole discretion to act on his or her behalf and not pay the Photographer Fees. Among the possible reasons include, but are not limited to, instances where a Photographer did not appear for the Booking or the photographs were of low quality. Pozbee may at its sole discretion, after independently reviewing such cases and considering input from the Client and/or Photographer, decide to issue a refund to the Client.
Pozbee is a limited payment collections agent:
Pozbee is appointed by each Photographer as a limited payment collection agent solely for the purpose of collecting Photographer Fees from the Client.
Users agree that the payment of Photographer Fees by a Client to Pozbee, as the Photographer's limited payment collection agent, shall be treated as a payment made directly by that Client to that Photographer.
Photographer Services will be provided by the Photographer as outlined in the App to the Client as if the Photographer had received payment directly.
Unless otherwise agreed between Pozbee and the Photographer, Pozbee will facilitate payment of Photographer Fees for Photography Services provided on a biweekly basis.
If Pozbee fails to remit such amounts, the Photographer will only have recourse against Pozbee, not against the Client.
If you purchase any of Photographer’s Photography Services, any agreement you enter into with the Photographer is between you and the Photographer and Pozbee is not a party to that agreement.
However, Pozbee acts as Photographers’ limited authorized agent to accept payments from you on Photographer’s behalf, and to transmit your share of such payments to you. This does not, in no way, make Pozbee a party to the agreement entered into between you and the Photographer.
As a Client, you acknowledge and agree that you are responsible for your own actions or omissions.
As a Client, you further understand and acknowledge that Pozbee is not liable to you for any acts and omissions that Photographers undertake during the course of Photography Services by Photographer.
YOU ARE A USER (EITHER CLIENT OR PHOTOGRAPHER)
The following terms and conditions apply to you as a User. This subsection does not intend to limit Terms of Service. All other Terms of Service provisions still apply to you. Therefore you should read the entire Terms of Service carefully.
You may not have an off-platform activity.
As a User, you may not encourage or induce another User to receive services similar to those offered by the App. The consequences of such violation are set forth below.
As User, you take responsibility and Pozbee is not responsible in any way for any risks:
The risks which you take when dealing with other Users (including those acting under false pretenses) are all borne by you and not by Pozbee.
The quality and safety of the Photography Services are not guaranteed by Pozbee, simply because we do not control the behavior of Users. Therefore, Pozbee does not guarantee or endorse the authenticity or legality of the Photography Services. That means you are taking ALL risks by hiring a Photographer.
Your Registration Obligations:
Some features of Pozbee may require you to register in order to use them.
Registering for the Service requires you to submit true, accurate, up-to-date, and complete information as described in the Service's registration form.
You cannot use the Service if you are under 13 years of age, whether you register or not.
Moreover, if you are under 18, you may only use the Service with the permission of your parent or guardian, regardless of whether you register.
Keep your Account and Password safe. This is your responsibility.
Keeping your password and account confidential is your responsibility, and you are fully liable for any activity that occurs with your password or account.In the event of unauthorized use of your password or account, you agree to promptly notify Pozbee and ensure that you exit from your account at the end of each session when accessing the Service. You agree that Pozbee is not responsible for any loss or damage resulting from your failure to follow this Section.
We may modify or discontinue our Services at any time and we are not responsible for modifications and discontinuation of our Services.
Pozbee may modify or discontinue (temporarily or permanently) the Service with or without notice at any time. Pozbee is not responsible to you or any third party if the Service is suspended, modified or discontinued.
Our General Practices Regarding Use and Storage of Content and Data
You acknowledge that Pozbee may establish general practices and limits in connection with the Service, including, without limitation, the maximum period of time when data or content will be retained by the Service and the maximum storage space that will be allotted to you on the Company's servers. If data or other content is lost or fails to be stored by the Service, the Company shall not be responsible for the loss or failing to do so. Inactive accounts may be terminated by the Company if they have been inactive for an extended period. Further, you agree that Pozbee may modify these general policies and limitations at any time, without prior notice, in its sole discretion.
Our mobile services
A number of the Services can be accessed from a mobile device including content can be uploaded via mobile devices to the Service. The Service and App can be accessed through mobile devices (collectively, the “Mobile Services”).
The Service may be accessed through a mobile device Client to the charges, fees and other terms imposed by your wireless carrier. Also, your carrier may restrict or prohibit you from downloading, installing, or using certain mobile services, and not all Mobile Services may work with every carrier or device. By using the Mobile Services, you agree to receive communications from Pozbee and other entities by SMS, MMS, text message or other electronic means on your mobile device, and that certain information about your use of the Services may be communicated to us.
Let us know if you change your phone number.
If your mobile telephone number changes or is deactivated, you agree to promptly update your Pozbee account information so that your messages are not sent to the person who acquires your old number. Pozbee will not be responsible for any messages sent to the person who acquires your old phone number. You agree to indemnify Pozbee for any type of liability arising out of your failure to promptly notify us and update your mobile phone.
Our Matching System
The Pozbee team matches Clients with the most suitable Photographer(s) based on information provided by the Client. A Client may be presented with a choice of Photographers as part of the matching process; in that case, it is the Client's responsibility to decide which Photographer provides Photography Services. Using the App, Clients can book Photography Services ("Booking"). In all cases, Pozbee reserves the right to determine the Photographer who actually performs the Photography Services for a Booking, even if they are matched with a Client.
If any such changes are to occur, Pozbee will make all reasonable efforts to inform the Client in advance.
What you can do and what you cannot do:
All code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") you upload, post, publish or display (hereinafter, "upload") or email or otherwise use via the Service are solely your responsibility.
When Pozbee determines that you have violated any provision of this Policy, we may take appropriate legal action, including without limitation, removing the offending content from the Service, suspending or terminating your account, and reporting you to law enforcement authorities.
Pozbee prohibits the following types of content and/or use. You agree to not use the Service to:
A) Email or otherwise upload any material that violates or infringes any intellectual property rights or other proprietary rights of any party;
B) you do not have a right to upload under any law or under contractual or fiduciary relationships; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Pozbee, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Pozbee or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
International Use & Export Controls
United States export controls apply to software and applicable data transmitted in connection with the Service.
You may not download any Software from the Service or export or re-export it contrary to U.S. export laws.
It is at your own risk if you download or use this Software.
Taking into account the global nature of the Internet, you agree to comply with all local laws and rules regarding your use of the Service, including rules about online conduct and acceptable content.
Commercial Use of Pozbee App
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Apple-Enabled Software Applications
The provider of Pozbee software applications offers applications that are designed to
operate on platforms including Apple Inc. ("Apple"), among others.
The following terms and conditions apply to the software released for use in conjunction with Apple branded products (so-called Apple-Enabled Software) in addition to the terms and conditions of these Terms of Service:
Both Pozbee and you acknowledge that these Terms of Service relate only to Pozbee and you, not to Apple, and that Pozbee is only responsible for the Apple-enabled Software and its content, not Apple.
It is forbidden to use the Apple-Enabled Software in a way that violates the Terms of Service for App Store Applications, or otherwise conflicts with their Usage Rules.
The Apple-Enabled Software license is a non-transferable license to use the Apple-Enabled Software on an iOS Product you own or control, in accordance with the App Store Terms of Service.
Apple is not required to provide any maintenance or support services for Apple-Enabled Software.
Apple is not responsible for any warranty, express or implied, for the products.
Apple may refund the purchase price for Apple-enabled software if it fails to comply with any applicable warranty, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Pozbee’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Pozbee and you acknowledge that Pozbee, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Pozbee and Apple, Pozbee, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is Client to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, please contact Pozbee using the contact details below.
Pozbee and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Section
The Service may contain content or features under license or other proprietary rights and laws, such as copyright, patents, trademarks, trade secrets and other proprietary rights.
Except as expressly authorized by Pozbee, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. When using the Service, you will not engage in any data mining, robots, or scraping, or use any other similar methods to gather data.
If Pozbee blocks your access to the Service (including by blocking your IP address), you agree not to take any steps to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
All other uses of the Service or its Content than those authorized herein are strictly prohibited. This service and the technology and software that underlies it are proprietary to Pozbee, our affiliates and our partners (the “Software”). By using the Software, you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. Unless otherwise stated, Pozbee reserves all rights.
Pozbee's name, logos, and graphics are its trademarks and service marks (collectively the "Pozbee Trademarks").
All other Pozbee product and service names and logos used through the Service could be trademarks or service marks of their respective owners, which might or might not be associated with or related to Pozbee.
These Terms of Service and the Service should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Pozbee Trademarks displayed on the Service, without our prior written permission in each instance.
Any goodwill generated by Pozbee Trademarks belongs to Pozbee exclusively.
Photography Services: Who will have the IP rights?
Photographers assign Photograph IP (defined below) in Photograph Content (described below) created for a particular Booking and Client to Pozbee.
A Photographer and Client benefit from a seamless transaction thanks to Pozbee. Once the Booking transaction is completed, the Photograph IP is transferred to the Client.
Photographer acknowledges and agrees that photographs, digital negatives, camera RAW files, other original data files pertaining to the photos and images produced resulting from the Performance of Photography Services for a Client ("Photograph Content") contain content or features protected by copyright, trademark, trade secret or other proprietary rights and laws (“Photograph IP”).
Photographer hereby assigns (and agrees to assign) all Photograph Content and the Photograph IP and all related intellectual property and proprietary rights to Pozbee.
Photographers shall further assist Pozbee, at Pozbee’s expense, to further evidence, record and perfect such assignments, and to perfect, obtain, maintain, enforce, and defend any rights specified to be so owned or assigned.
The Photograph Content in Purchased Prints will be assigned, transferred and conveyed to the Client upon receipt of all applicable Photographer Fees.
Client does not acquire ownership of Photograph Content or Photograph IP that has not been purchased by them.
Clients hereby grant Pozbee a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, display and distribute the Photograph Content and associated Photograph IP for marketing and advertising purposes. In such cases, Pozbee will inform the Client about its intentions, giving the Client an opportunity to express reasonable objections. By obtaining prior written consent from Pozbee and the relevant Client, Photographers may request a limited intellectual property license only for use in their portfolios or for marketing and advertising purposes.
Material from third parties
Under no circumstances will Pozbee be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. In addition, you understand that Pozbee does not pre-screen content. Also, you understand and acknowledge that Pozbee and its designees will have the right, but not the obligation, in their sole discretion, to refuse or remove any content on the Service. Pozbee and its designees reserve the right to remove any content that violates these Terms of Service or is otherwise objectionable in Pozbee's sole discretion. It is your responsibility to evaluate and bear all risks associated with the use of any content, including any reliance on its accuracy, completeness, or usefulness.
Content Transmitted by Users through Service
You represent and warrant that all rights, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein to the content or other materials that you upload to the Service or share with other users or recipients (collectively, "User Content") are yours.
By uploading any User Content you hereby grant and will grant Pozbee and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
On the App, Clients can rate Photographers and their Photography Services ("Photographer Rating"), and Photographers can rate Clients ("Client Rating") (collectively, "Rating").
In addition, Clients can provide written feedback to the Photographer regarding the Photography Services that they purchased ("Review").
Ratings and reviews can only be left after the Photography Services have been provided for the relevant Booking.
A rating can be removed by Pozbee at any time, in its sole discretion.
A Client must provide truthful, accurate and fair information in their Review.
Any Ratings, reviews, questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions") provided by you to Pozbee are non-confidential.
It will be Pozbee's sole and exclusive right to use and distribute these Submissions for any purpose it chooses, commercial or otherwise, without acknowledgment or compensation to you.
As part of its rights, Pozbee may create aggregate ratings from Ratings it receives and show them to Users on any platform Pozbee deems appropriate.
Please be aware that Pozbee may preserve content and may also disclose content as required by law or if we reasonably believe that such preservation or disclosure is reasonable and necessary to:
(a) comply with legal process, applicable laws or government requests;
(b) enforce these Terms of Service;
(c) respond to claims that any content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Pozbee, its users and the public.
Your content may be processed and transmitted, including over various networks, using various technologies, and may be Client to technical requirements of connecting networks or devices.
We respect the intellectual property of others and ask our users to do the same.
You should notify Pozbee in accordance with the procedure set forth below if you believe that your work has been copied in a way that constitutes copyright infringement, or if your intellectual property rights have otherwise been violated.
Any alleged or actual infringement will be investigated and Pozbee will take appropriate action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
A notification of claimed copyright infringement should be emailed to Pozbee’s Copyright Agent at firstname.lastname@example.org (Client line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: 1911 Carmona Ave Unit 4 Los Angeles CA 90016 USA.
In order to be effective, the notification must be in writing and include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
Description of the allegedly infringed work or other intellectual property;
A description of the location of the allegedly infringing material on the Service, with enough detail that we can locate it;
The address, phone number, and email address of the claimant;
A statement from you that this disputed use is not authorized by the copyright or intellectual property owner, their agent, or the law.
Under penalty of perjury, an affidavit from you saying the information embedded in your Notice is accurate and you are the rightful owner of the copyright or intellectual property or authorized to act on their behalf.
If you believe that your User Content removed (or access disabled) is not infringing, or that you have the right from the copyright owner or the copyright owner's agent to upload and use the content, you may send a counter notice to the Copyright Agent as follows:
your physical or electronic signature;
Information about what content has been removed or to which access has been restricted, as well as the location where it was before it was removed or restricted;
The specific circumstances under which you believe the content was removed or disabled, and the fact that you have a good faith belief that the content was misidentified or a mistake was made;
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Pozbee will send a copy of it to the original complainant informing that person that the removed content may be replaced or disabled within 10 business days.
We may replace removed content, or restore access to it, within 10 to 14 business days after we receive the counter-notice if the copyright owner does not take legal action against the content provider, member or user.
Repeat Infringer Policy
Pozbee has adopted a policy requiring the termination of repeat infringers in accordance with the DMCA and other applicable laws.
Users who violate any intellectual property rights of others may be restricted from accessing the Service at Pozbee's sole discretion, whether they repeat the infringement or not.
Third Party WebApps
Links or other access to other Apps and resources on the Internet may be provided by the Service or third parties.
These Apps and resources are not under the control of Pozbee, and Pozbee is not responsible or affiliated with these Apps and resources.
Pozbee also disclaims all responsibility and liability for any loss or damage caused by or alleged to have been caused by the use of or reliance on any content, events, goods or services available from the App or via any such resource.
The Service does not in any way imply or support any relationship between you and a third party you find on the Service, and you agree that Pozbee will not be liable for any loss or claim you can make against a third party you find on the Service.
Indemnity and Release
You agree to release, indemnify and hold Pozbee, and if you are a Photographer, hold Clients, and their affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Despite the above, you will not have any obligation to indemnify or hold harmless any Indemnitee for any loss, damage, claim, liability, or expense incurred in response to any action or inaction of such Indemnitee.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You waive any comparable statute or doctrine if you are a resident of another jurisdiction.
Disclaimer of Warranties
ALL RISKS INVOLVED IN USING THE SERVICE ARE SOLELY YOUR OWN.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Pozbee EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Pozbee MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND, AGREE AND ACKNOWLEDGE THAT Pozbee WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pozbee HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Pozbee’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Pozbee IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration
NOTE THAT THIS SECTION IS IMPORTANT FOR YOUR RIGHTS. THEREFORE PLEASE READ CAREFULLY.
a. You agree to arbitrate any dispute
The section of this Terms of Service addressing Dispute Resolution by Binding Arbitration is referred to as the "Arbitration Agreement."
You agree and acknowledge that disputes or claims that have arisen or may arise between you and Pozbee, whether or not related directly or indirectly to this Terms of Service or any Part thereof, the Services, any advertising, or any of our dealings, shall be resolved exclusively through final and binding arbitration rather than a court, in accordance with the terms of this Arbitration Agreement, except you can bring an individual claim to a small claims court, if your claim qualifies.
Moreover, this Arbitration Agreement does not preclude you from bringing issues before federal, state, or local authorities, and those authorities may, if the law permits, seek relief against us on your behalf.
Pozbee and you agree that by entering into these Terms of Service, you and Pozbee both waive the right to a jury trial or to join a class action suit.
Not a judge or jury, but a neutral arbitrator will determine your rights.
Arbitration agreements are interpreted and enforced pursuant to the Federal Arbitration Act.
b. You May Not Bring Any Class and Representative Actions and Non-Individualized Relief
YOU AND Pozbee AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
UNLESS BOTH YOU AND Pozbee AGREE OTHERWISE,
THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
This class action waiver is not severable from these Terms if, for any reason, it is held to be invalid by a court or arbitrator and collective or class actions will be excluded claims, which will need to be litigated in a civil court of competent jurisdiction.
The validity, enforceability, voidness or voidability of any part of the class action waiver may only be determined by a court of competent jurisdiction and not by an arbitrator, regardless of any other provision in this arbitration provision.
The class action waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
C. Resolution of Pre-Arbitration Disputes
If a dispute arises, Pozbee is always looking for amicable and efficient methods of resolving it. Most customer concerns can be resolved quickly and to the customer's satisfaction, if you let Pozbee know using the details below.
Those seeking arbitration must first send a written Notice of Dispute ("Notice") to the other party by certified mail, if such efforts prove unsuccessful.
The Notice to Pozbee should be sent to: 1911 Carmona Ave Unit 4 Los Angeles CA 90016. (“Notice Address”).
An appropriate Notice must (i) state the nature and basis of the claim or dispute and (ii) specify the specific relief sought.
In the event that Pozbee and you do not resolve the claim within sixty (60) calendar days of receiving the Notice, you or Pozbee may commence an arbitration proceeding.
An arbitrator shall not be informed of the amount of any settlement offer made by Pozbee or you until after determining how much you or Pozbee are entitled to.
d. Dispute Resolution Procedures
As modified by this Arbitration Agreement, the arbitration shall be conducted by a neutral arbitrator under the rules and procedures of the American Arbitration Association, including the Supplementary Procedures for Consumer-Related Disputes, administered by the American Arbitration Association.
For information on the AAA, please visit its webApp, http://www.adr.org.
The AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration, provides information on the AAA's rules and fees.
If any term of the AAA Rules conflicts with a term of this Arbitration Agreement, then this Arbitration Agreement will control, unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration.
Similarly, the arbitrator must abide by these Terms of Service as a court would.
All issues are left to be decided by the arbitrator, including but not limited to issues related to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Although arbitration proceedings are usually simplified and streamlined in comparison to trials and other judicial proceedings, an arbitrator has the same powers of awarding damages and relief that a court can, based on the Terms of Service and applicable law.
Arbitral awards are enforceable in court and may only be overturned for very limited reasons.
Arbitration hearings will take place at a reasonable location convenient for both parties under consideration of their ability to travel and other pertinent circumstances, unless we both agree otherwise.
Unless the parties agree to the location, AAA will decide.
For claims worth less than $10,000, Pozbee may agree to let you choose either a telephonic hearing or an in-person hearing according to AAA Rules if the amount of your claim is under $10,000.
Any claim over $10,000 will be Client to the AAA Rules, which determine your right to a hearing.
A written decision explaining the essential findings and conclusions shall be issued by the arbitrator, irrespective of the manner in which the arbitration is conducted.
In accordance with the agreement of the parties, any arbitration proceedings, arbitration rulings and decisions, or arbitration awards must be strictly confidential.
The parties agree that in the event of invalidity or unenforceability of any terms or provisions of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above), such terms or provisions shall be replaced by terms or provisions that are valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.
Should the court or arbitrator decide that any provision of the clause titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above is invalid or unenforceable, then this entire arbitration agreement shall be null and void.
The rest of these terms of service will remain in effect and continue to apply.
g. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary,
In the event that Pozbee amends this Arbitration Agreement (other than the Notice Address) while you are a user of the Services, you may reject any such amendment by sending Pozbee written notice within thirty (30) calendar days of the amendment.
By rejecting any future changes, you agree that you will arbitrate any disputes between us in accordance with this Arbitration Agreement as of the date you accepted these Terms of Service. (or accepted any subsequent changes to these Terms of Service).
Termination of your Pozbee account
The User agrees that Pozbee may terminate or suspend your account or your use of the Service (including any party thereof), and remove and discard any content within the Service, with or without cause, at its discretion including, without limitation,
Pozbee may terminate your account if we believe you have violated these Terms of Service, or acted inconsistently with them.
Pozbee may terminate your account due to inactivity (lack of use)
Your use of service may be terminated if we suspect fraudulent, abusive or illegal activities. In such cases, the issue may be referred to the appropriate law enforcement authorities.
The Service, or any part of it, can also be terminated at any time at Pozbee's discretion, with or without prior notice, and with or without cause.
Any suspension or termination of your access to the Service under any provision of the Terms of Service may be granted without prior notice. You acknowledge that Pozbee may immediately deactivate or delete your account and all related information and files, in addition to bar any further access to such files and the Service.
Additionally, you agree that Pozbee is not liable to you or any third party in the event of termination of the Service.
You understand and agree that there is no guarantee that Pozbee will continue and discontinue its services to you.
User Disputes and Pozbee’s position
The responsibility for all interactions between you and any other user connected with the Service rests solely with you and Pozbee will have no liability or responsibility with respect thereto.
Pozbee may get involved in disputes between you and other users of the Service, but has no obligation to do so.
Also, you should be aware of the following:
You agree that these Terms of Service constitute your entire legal agreement with Pozbee, and these Terms of Service supersede any prior agreements you may have had with Pozbee regarding the Service.
You may become a User to additional terms if you use an affiliate or third-party service, third-party content, or third-party software.
California law governs these Terms of Service without regard to conflict of law provisions.
If a dispute cannot be resolved through arbitration as outlined above, you and Pozbee agree to submit to the direct and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California.
It will not be considered a waiver of any right or provision if Pozbee does not exercise or enforce that right or provision.
If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, the parties agree that the court should nonetheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
Regardless of any statute or law to the contrary, you agree that any claims or cause of action arising out of or related to the Service or these Terms of Service must be filed within one (1) year from the date on which such claim or cause of action arose or will be forever barred.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and Client to the same conditions as other business documents and records originally generated and maintained in printed form.
If you want to transfer this Agreement, you must submit a written request to the company in advance and get Pozbee’s consent. However, Pozbee is free to assign or transfer the Agreement in whole or in part without restriction.
You may receive correspondence via email or regular mail.
Additionally, the Service may give you notices of changes to its Terms of Service or other matters by displaying notices or links to notices on its homepage or the page where the Terms of Service is located or via email.
What About Your Privacy
Notice for California Users
Under California Civil Code Section 1789.3, California users of this Service receive 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 N112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may also contact us at Pozbee LLC 1911 Carmona Ave Unit 4 Los Angeles CA 90016.
You Can Contact Us For Anything
You can report violations of our Terms of Service via https://www.pozbee.com/contact or to ask any questions about this Terms of Service, the Service, or something else. We are here to help!