Terms And Conditions Of Use
Agreement between User and Headshots.com
Welcome to Headshots.com. An Agreement between You, our customer, and Headshots.com is created herein:
1. The Headshots.com website (the “Site”) is composed of various web pages operated by Headshots.com LLC (“Company”). Headshots.com LLC is located in California, US. Headshots.com and the Services within, are offered to You conditioned on Your acceptance of the terms, conditions, and notices contained herein (together, “Agreement”). Your use of Headshots.com shall be considered to demonstrate Your acceptance of the Agreement. Please read these terms carefully, and keep a copy of them for Your reference. The Company reserves the right to amend these terms and conditions at any time, and will inform You when these changes are reasonably considered to be material.
2. Headshots.com is an E-commerce Site specializing in the sale and Services of professional headshots and photography retouching, including guidance on how to create a headshot photo using their cell phone and how to upload their photo to our Site for expert, personalized photoshop retouching. We produce beautiful, on brand, and corporate culture cohesive professional headshots, for individuals and teams around the world.
We do not sell Your personal information in exchange for monetary consideration. We may disclose Your information to our trusted third party processors/sub processors for the sole purpose of delivering the Services to You.
4. Electronic Communications
5. Children Under Thirteen
Headshots.com do not aim our business at any persons under the age of 18 and we do not knowingly collect or process, either online or offline. If You are the parent or guardian of a person under 18, and You would like for them to use our Services, please contact us at hello @ headshots.com
6. Cancellation/Refund Policy
We are committed to Your happiness as a customer. You can find all credit/refund information in our 100% Happiness Guarantee.
Due to the digital and personalized nature of the Services, we automatically issue store credits to Your account for any purchased unused Headshots Services. The credits are redeemable towards any Headshots Services on our Site for a period of 18 months, starting from the original purchase date. After the 18 month period ends, any unused credits will expire.
7. Intellectual Property and Materials Provided to the Website
Each Party shall retain any Intellectual Property Rights developed by or on behalf of that Party, whether pursuant to or independently from the Agreement.The Company does not claim ownership of the materials, including but not limited to photos, text, feedback, and suggestions, You provide on our Website, either by posting, uploading, inputting or submitting.
For clarification, when You submit a photo to our Service, You are the Photographer, and as such, You retain Copyright and Intellectual Property over Your photos. However, by posting, uploading, providing or submitting Your submissions on Headshots.com, You grant us a royalty free, non-transferable, fully revocable license to use Your submissions, for the sole purpose of providing our Services to You, without limitation, the rights to copy, distribute, transmit, reproduce, edit, excerpt (in whole or in part), translate, and reformat Your Submission.
Certain Services made available via Headshots.com are supplied to us by third party Sites and companies, known as our Data Subprocessors. By using any product, service or functionality originating from the Headshots.com domain, You hereby acknowledge and consent that Company may share such information and data with of our data sub processors, also known as third party processors, with whom Company has a contractual relationship, to provide the requested product, service or functionality toHeadshots.com, which permits us to deliver our business.
8. Submissions for promotional purposes
In order to promote our business, we publish promotional content on our Site and social media profiles to showcase our Product and Services. As part of these promotions, we will seek your consent, via our tickbox mechanism, and only with your permission will we include any submissions you make on our Site in our promotional content. If you provide us with your consent, you agree to grant the Company a royalty free, fully revocable, non-transferable license to use, adapt, distribute, transmit, excerpt (in whole or in part) and reformat your Submissions, in order to incorporate the works into our promotional advertisements/content.
9. Use of Headshots
You have the right to use, print, and post the edited, retouched photo of Your Submission that the Company delivers to You through our Services. You have the unlimited right to use Your Headshot for personal, professional, commercial, marketing, or promotional purposes, as you see fit.
You are forbidden to use, download, modify, corrupt, post, or other actions of any other Headshot and accompanying Intellectual Property and Copyright for any reason, unless You have the written consent, release, and/or permission of that individual.
10. Your Feedback to Us
On occasion, we may use the feedback You give us as testimonials to promote our business. You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
11. Links to Third Party Sites/Third Party Services
Headshots.com may contain links to other Websites (“Linked Sites”). Whilst we carry out due diligence on the Linked Sites that we contain on our Site, we are not in control of these Sites or their contents, therefore we accept no responsibility over these contents or Links. Company provides these links to You only as a convenience, and the inclusion of any Link does not imply endorsement by our Company or any association with its operators.
When you confirm your order, you will need to supply us with details of a payment method, such as a credit or debit card, (“Payment Method”) and other personal details so that we may process the order for you.
All Services purchased are subject to a one-time payment. Payment processing Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Please note that Stripe is a PCI Level 1 Service Provider/Payment Card Processor, and whilst their Stripe portal is embedded on our Site, Your payment card details are never revealed to anyone, including us.
An order confirmation email will be sent via email. Please ensure that the email address we hold for you is kept up-to-date and that you have full access to it. All payments are subject to our 100% Happiness Guarantee.
13. No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Headshots.com strictly in accordance with this Agreement. As a condition of Your use of the Site, You warrant to Company that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Company content is not for resale.
14. Third party IP rights
We respect the intellectual property rights of others. It is Company policy to respond to any claim that content posted on the Site infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Site, You must submit Your notice in writing to the attention of our copyright agent via email at copyright @ headshots.com and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims: You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.Your address, telephone number, and email address. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
- You can contact our copyright agent via email at copyright @ headshots.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of Your use of or inability to use the Site or Services, any user postings made by You, Your violation of any terms of this Agreement or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Company in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement.
17. Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
18. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HEADSHOTS.COM LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HEADSHOTS.COM LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HEADSHOTS.COM LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
19. Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate Your access to the Site and the related Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and You hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Company as a result of this Agreement or use of the Site.
Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Company with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The remaining terms of the Agreement shall continue in effect.
21. Entire Agreement
22. Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which Headshots.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages You to periodically review the Terms to stay informed of our updates, however we will inform You by email if we make any material changes to our terms or service.
23. Contact Us
If you have any enquiries or concerns regarding these terms, or our Services or Products, please contact us where we will be happy to assist:
1001 Wilshire Boulevard PMB 2080
Los Angeles, CA 90017
Email Address: hello @ headshots.com
Telephone number: 1(800)-403-eight-five-nine-two