Terms of Service and User Agreement
Last Updated: April 30th, 2017
Thank you for your participation as a User on Loculars!
This agreement with Loculars LLC is part of, and subject to the terms and conditions of the Loculars Terms of Service (“Loculars Terms”) incorporated herein by reference, between you and Loculars LLC (“Loculars” “we” or “us”).
This agreement contains terms regarding the browsing, booking, redemption and reviewing of Experience listings, payment terms for Experience bookings, whether on full or promotional price, and other terms as applicable to provision of Experiences in connection with the Loculars platform.
Please read this User agreement carefully. If you don’t agree to its terms and conditions, you are not eligible to participate on Loculars.com as a User and you may not book or redeem Experiences on its Platform. Loculars reserves the right to approve or deny any user profile application, without any pre-determined notice or cause, should an applicant (or his profile) not align with Loculars’ mission, brand identity and customer values. By accessing or using our Services you agree to be bound by these Terms, whether or not you have registered with Loculars, you are an End User.
Loculars Users terms of service agreement
Through the Loculars platform, we offer an online platform to allow individuals (each an “End User”) to view and purchase Experiences offered by Photographers. This means that we act as an intermediary between the End User and the Photographer and our responsibilities under these Terms are limited to facilitating the availability of the Experiences and collecting payments on behalf of the Photographer. “Experiences” means the experiences including in-person experiences and virtual experiences, offered by the Photographer via the Services. “Experience Listing” means the description of the Experience including, but not limited to, the price of the Experience and the date and time, as applicable. “Photographer” means a person or entity that has accepted these Loculars Terms and the Loculars Photographer Addendum, and offers an Experience via the Services. “Member” means a person that completes our Account registration process, including End Users and Photographers.
The Photographer, not Loculars, is responsible for honoring the purchase of any Experience. The Photographer may require you, as an End User, to enter into an agreement with the Photographer and you acknowledge that if you fail to do so, you may not be able to participate in the Experience; in such an event, you may not receive a refund or exchange for the purchase of your Experience. Experiences include the ability to interact with a Photographer. We do not, and cannot control interactions with Photographers; we expressly disclaim any liability arising from such interactions. As an End User, you may be required to sign and return a waiver and liability release before you participate in an Experience, if and as required by the Photographer.
Payments and Cancellations/Returns: Upon completion of a purchase on the Site (and upon determination by Loculars that you are the successful buyer, if applicable) for the Experience, you will be liable to pay the total purchase price presented at checkout (“Total Purchase Price”), which may include applicable tariffs, customs, duties or taxes (including any value-added taxes). When you initiate a purchase transaction or request to schedule an Experience via the Services, you will be asked to provide us with customary billing information such as your name, billing address and credit card information. As an End User, you agree to pay Loculars (on behalf of the Photographer) for any transactions made in connection with your Account by one of the payment methods described on the Site, currently PayPal. You hereby authorize the collection of such amounts by Loculars by charging your selected payment method. The process for cancellations and refund eligibility also varies depending on the type of Experience. It is your responsibility to review the confirmation email(s) to verify the accuracy of the information relating to the Experience.
No endorsements: We don’t plan, host, operate, or provide the Experiences. We also don’t endorse, verify, vouch for, investigate or vet any Members or Experiences. Notwithstanding the foregoing, Loculars reserves the right to conduct by itself, or by third party service providers, background checks on End Users. We’re not responsible for estimates, descriptions, condition, authenticity, title or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the Photographer, and while we try to verify the accuracy of this information, we do not guarantee, nor assume responsibility for the accuracy of this information. We’re also not responsible for any personal injury, damage or harm resulting from your purchase of, or participation in, any Experience or your interaction with any Photographer. By using the Services you agree that any legal remedy or liability that you seek to obtain arising from or related to an Experience, (including, without limitation, your Experience Listing or provision of any Experience) will be limited to a claim against the particular Member or other third parties who caused you harm and you agree not to attempt to impose liability on Loculars, or seek any legal remedy from Loculars with respect to Experiences.
Licensing of images and artwork – All copyrights and licenses of any and all images that Photographers submit on the Loculars platform belong to the Photographer. Loculars will not engage in sale of any images or visual identity created by the Photographer. End Users may not reproduce, download, copy, or in anyway use these images for any purposes without explicit permission from the concerned photographer.
Member Conduct Terms
You agree that you’ll only use the Services in a manner that is consistent with the Member Conduct Terms, set forth below. If you don’t we might have to suspend or terminate your Account. In connection with your use of the Services you agree that you won’t:
- use the Services for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Services for purposes not expressly permitted by Loculars or that would violate any laws;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet
- or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
- use the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
- use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Services or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content;
- register for more than one Account or register for an Account on behalf of an individual other than yourself;
- recruit or otherwise solicit any Photographer or other Member to join third-party services or websites that are competitive to Loculars, without Locular’s prior written approval.
- register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site;
- “stalk” or harass any other user of the Services; mistreat any Loculars employees including, but not limited to, using abusive language in writing or by telephone;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Services, or any individual element within the Services, Loculars name, any Loculars trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Loculars express written consent;
- access, tamper with, or use non-public areas of the Services, Loculars computer systems, or the technical delivery systems of Loculars providers;
- attempt to probe, scan, or test the vulnerability of any Loculars system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Loculars or any of Loculars providers or any other third party (including another user) to protect the Services or any of the content on the Services;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or content on the Services; or advocate, encourage, or assist any third party in doing any of the foregoing.
If you have any questions regarding this Photographer agreement, feel free to send us a note at firstname.lastname@example.org. We will happily answer any questions you have.