Terms And Conditions Of Use
Agreement between User and Headshots.com
Welcome to Headshots.com.
The Headshots.com website (the “Site”) is comprised of various web pages operated by Heroic Headshots LLC (“Company”). Headshots.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Headshots.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Headshots.com is an E-commerce site to facilitate the sale and services of professional headshots and photography retouching. Customers pay for the guidance to create a headshot photo using their cell phones and upload their photo for expert personalized photoshop retouching. The result is beautiful, on brand, and corporate culture cohesive professional headshots, for individuals and teams around the world.
Visiting Headshots.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Headshots.com only with permission of a parent or guardian.
We are committed to your happiness as a customer. You can find all credit/refund information in our 100% Heroic Happiness Guarantee.
Due to the digital and personalized nature of the Services, we automatically issue store credits to your account for any purchased unused Heroic Headshots Services. The credits are good for use to apply towards Heroic Headshots or other Services on our Website for a period of 18 months, starting from the original purchase date. After the 18 month period ends, any unused credits will expire.
Materials Provided to the Website
The Company does not claim ownership of the materials, including but not limited to photos, text, feedback, and suggestions, you provide to the Website or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). You continue to own the rights to those Submissions and you are responsible for maintaining those rights.
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 using Headshots.com, you grant us permissions and licenses to your Submissions for the Company to conduct business through our Services to you.
Submissions for the operation of Business Services
By posting, uploading, providing, or submitting your Submission you are automatically granting the Company, our affiliated companies, and necessary sub-licensees, a revocable and cancellable license to use your Submission in connection with the operation of their businesses and provision of services to you including, without limitation, the rights to copy, distribute, transmit, reproduce, edit, excerpt (in whole or in part), translate, and reformat your Submission.
Submissions in connection to Company’s Advertising
Furthermore, you are granting the Company, our affiliated companies, and necessary sub-licensees, a revocable and cancellable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, excerpt (in whole or in part), translate, and reformat, prepare derivative works of, or incorporate into other works, your Submission in connection with the Company’s advertising of its products and services, including, without limitation, the Services. The use and distribution may occur in any media formats and through any media channels. No compensation will be paid with respect to the use of your Submission, as provided herein.
The Company does not sell or share Submission, images, or personal identifiable information to any 3rd parties. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
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 full rights and permissions to use your Heroic Headshot for personal, professional, commercial, marketing, or promotional purposes.
You are forbidden to use, download, modify, corrupt, post, or other actions of any other Heroic Headshot and accompanying Intellectual Property and Copyright for any reason, unless you have the written consent, release, and/or permission of that individual.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, 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.
Links to Third Party Sites/Third Party Services
Headshots.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain services made available via Headshots.com are delivered by third party sites and organizations. 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 any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of Headshots.com users and customers.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
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”).
By agreeing to these terms or continuing to operate as a user on Headshots.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize Company to share it and transaction information related to your use of the payment processing services provided by Stripe.
No Unlawful or Prohibited Use/Intellectual Property
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 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, legends 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. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
Intellectual Property Infringement
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 email@example.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 firstname.lastname@example.org.
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.
The Service is controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through Headshots.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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 these Terms and Conditions.
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.
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. HEROIC HEADSHOTS LLC (D/B/A HEROIC HEADSHOTS) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
HEROIC HEADSHOTS LLC (D/B/A HEROIC HEADSHOTS) 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. HEROIC HEADSHOTS LLC (D/B/A HEROIC HEADSHOTS) 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.
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 and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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.
Company welcomes your questions or comments regarding the Terms:
1001 Wilshire Blvd, #2080
Los Angeles, CA 90017
Email Address: email@example.com
Telephone number: (202)-681-nine-three-nine-three