These Terms of Use are a legally binding contract governing your use of ShutterBucks. You should read these Terms in full, but here are the key things you should know:
You must be old enough to use the platform: You must be at least 18 years old to use ShutterBucks. All users must provide their date of birth during account registration. Additional age verification occurs through credit card verification (for buyers making purchases) and Stripe KYC verification (for creators receiving payments).
We moderate for illegal content: The platform moderates to prevent illegal content including child sexual abuse material and non-consensual intimate imagery. We do not pre-moderate for quality or artistic merit.
Creators set their own refund policies: ShutterBucks operates as a marketplace facilitating transactions between buyers and sellers (content creators). Sellers are responsible for their own refund policies. ShutterBucks only provides refunds for technical platform errors (payment processing failures, duplicate charges, or outages exceeding 48 hours). All other refund requests must be directed to the seller.
We charge a commission on payouts: ShutterBucks deducts a standard 20% commission when you withdraw funds from your wallet. This applies to all earnings regardless of source.
Bidirectional payment flows: The platform supports both standard payments (buyers pay creators) and reverse payments (creators pay consumers) depending on user preferences. Examples include "Send+" and "Request+" transactions.
Continued access to purchased content: When you purchase content, your access continues for as long as your account remains active and in good standing, even if the creator later deletes it. Your access only ends if you close your account or violate these Terms.
Content licenses vary by creator: By default, purchases grant a personal use license (view-only, no commercial use). Creators may offer alternative licenses including commercial and Creative Commons options. Your license terms are permanently locked at purchase and cannot be changed by the creator or ShutterBucks. Download rights, if granted by the creator, are also locked at purchase.
You grant us a limited license to your content: While you retain full ownership of content you upload, you grant ShutterBucks a limited, revocable license to operate the platform and promote creators on our social media accounts.
Your use is at your own risk: We provide the platform "as is" without warranties. We can suspend or terminate accounts for violations, prolonged inactivity, legal risks, or at our discretion.
Legal disputes are handled in Nevada: By using ShutterBucks, you agree that any disputes will be resolved in Nevada courts under Nevada law.
These Terms of Use (the "Terms") govern your access to and use of the website located on the World Wide Web at https://shutterbucks.com (the "Site"). DO NOT ACCESS, JOIN, OR OTHERWISE USE THIS SITE UNLESS YOU HAVE CAREFULLY READ THESE TERMS AND AGREE TO BE BOUND BY THEIR PROVISIONS. The Terms contained herein additionally govern your membership to the Site, whether as a creator or viewer of content, and your license to view the content contained on the Site. If you have read through these Terms and have any questions or do not understand any of the provisions contained herein, please contact us at hello@shutterbucks.com or consult with an attorney.
BINDING CONTRACT. These Terms are a BINDING CONTRACT between you and ShutterBucks, the operator of the Site (the "Operator"). The legal consideration provided by you to the Operator is your agreement and consent to be bound by every single provision of these Terms every time that you use the Site. The legal consideration that the Operator provides to you is permission to access the Site, whether as a member or a guest, interact with others on the Site, and otherwise view and/or create content on the Site. Your access, use, or membership to the Site constitutes your express agreement that there exists sufficient consideration to create a binding contract between you and the Operator.
MODIFICATION OF TERMS. The Operator reserves the right to modify these Terms. You are responsible for reviewing these Terms on a regular basis and assume all liability for your failure to do so. Your use, access, or membership to the Site is an acknowledgement that the Operator possesses this right and that you will stay up-to-date on revisions to the Terms by checking them on a regular basis.
ACCESS TO THE SERVICES. You must be eighteen (18) years old or older to use or access the Site. Any use or access to the Site by anyone under eighteen (18) years old is strictly prohibited and in violation of this License.
INTELLECTUAL PROPERTY. The Site contains photographic, written, and audiovisual content protected as the Operator's intellectual property.
Copyright. The material on this Site belongs to the Operator, which claims copyright protection on its content. Alternatively, the Operator retains a license from the copyright owner to display the content on the Site. Your ability to view or otherwise access the content on the Site is through a license that is personal, non-exclusive, non-transferable, limited, and revocable. Through your access of the content on the Site, you acknowledge that you will not share any content on the Site with any third party.
Trademark. ShutterBucks, https://shutterbucks.com, and other names on the Site are trademarks belonging to the Operator. You acknowledge this and agree not to use any confusingly similar name or mark for goods and services that relate to those of the Operator in any way, including as Internet domain names. There may be trademarks or service marks of third parties on the Site that are the exclusive property of those third parties. Do not use these third-party trademarks without express permission of the third parties.
Infringement of the Operator's intellectual property. If you infringe upon the Operator's intellectual property, such infringement may result in the Operator taking legal action against you. If the Operator is forced to take legal action against you for intellectual property infringement, it will seek the maximum possible monetary and non-monetary damages available to the Operator, including actual damages, statutory damages, punitive damages, reimbursement of its attorneys' fees, and preliminary and permanent injunctive relief.
User uploaded material. If you choose to upload or post material to the Site, you represent and acknowledge that you are the sole owner of all rights in materials posted by you (including related copyrights) or that you have the absolute, unrestricted right to license their use. You will retain full ownership of any copyrights in the material posted by you.
Limited License Grant to ShutterBucks. You grant ShutterBucks a non-exclusive, revocable license to use your content solely for the following purposes: (a) Platform Operation—displaying, storing, and transmitting your content on the ShutterBucks platform to facilitate the services you request (including private content delivery to authorized purchasers); and (b) Promotional Use—using your publicly posted content (excluding private/paid content) on ShutterBucks' official social media accounts (including but not limited to accounts on platforms such as X/Twitter, Instagram, Facebook, TikTok, and YouTube that are owned and operated by ShutterBucks LLC) and marketing materials to promote the platform and its creators. This license does not apply to private or paid content except for platform operation and delivery. ShutterBucks may not sublicense your content to third parties for their independent use. This license terminates when you delete specific content or close your account. ShutterBucks will not use your content for purposes beyond those explicitly stated above. You may revoke the promotional use license at any time by contacting support at hello@shutterbucks.com, and ShutterBucks will remove the content from promotional materials within thirty (30) days of receiving your revocation request, while retaining platform operation rights necessary for service delivery. Materials posted by you shall become part of a database owned by ShutterBucks for operational purposes only. ShutterBucks owns the copyright to the database structure and organization, but not to your individual content contributions. While you retain full ownership of content you upload, you may download your own uploaded content at any time through your account settings to maintain backups and archives of your work. Downloaded content remains subject to these Terms and your licensing obligations. Note: This section governs the license YOU grant to ShutterBucks for platform operation. For licensing of content TO BUYERS, see Section 9 (Content Licensing).
MEMBERSHIP. The Site has non-public areas that you cannot use, view, or access without becoming a member to the Site. There are certain requirements in place to become a member and to remain a member in good standing. Only members in good standing will be given access to view the non-public areas of the Site.
Registration. You become a member of the Site by registering online. Membership to the Site is at the discretion of the Operator, which may revoke your membership at any time and for any reason at the Operator's sole discretion.
Payment. While your membership to the Site is free, users to the Site may charge a fee for access to their content. These charges can either be subscription-based or content-based. Upon registering for membership, the Operator will require you to submit valid and accurate credit card information to purchase content on the Site. You authorize the Operator to charge your credit or debit card to purchase products, services, or other services available on the Site. You are personally liable for all charges you incur in association with your access to or membership with the Site. Your liability for such charges shall continue after termination of your access to the Site as one of its members.
Platform Commission. The Operator charges a standard commission of twenty percent (20%) on all payouts from user wallets. This commission is deducted when users withdraw funds from their wallet balance through payouts, not on individual transactions between users. The commission applies to all payout amounts regardless of how the funds were earned (content sales, tips, rewards, or other transfers). Special commission rates may apply to certain users pursuant to separate written agreements with the Operator. The commission rate may be modified at the Operator's discretion with appropriate notice to users.
Wallet System. The Site utilizes an internal digital wallet system powered by Stripe Connect to facilitate transactions between users. By using the wallet system, you acknowledge and agree to the following:
Deposits and Payment Methods. You may add funds to your wallet through credit card, debit card, direct debit, online checks, and other approved payment methods offered by the Operator. Payment processing is handled by Stripe, Inc. You authorize the Operator and its payment processing partners to process such payments on your behalf. All payments are made in U.S. dollars, though the Operator may, at its discretion, permit payment via international currencies. Deposits are processed immediately and become available for use within the Site. All deposits are final and non-refundable except as required by applicable law or as specifically provided in these Terms.
Wallet Balance. Your wallet balance represents funds held by the payment processor and tracked by the platform ledger system. Wallet funds can be used to purchase content, send tips, make refunds, or complete other authorized transactions on the Site. Wallet funds can be transferred to other users through Site-sanctioned wallet-to-wallet transactions including purchases, refunds, tips, and rewards.
Purchasing Process. When you initiate a purchase, the required amount is immediately debited from your wallet balance and temporarily held pending transaction completion. If insufficient funds are available in your wallet, you will be prompted to add funds before completing the transaction.
Transaction Processing and Payment Flows. All transactions are processed in real-time. The Site supports bidirectional payment flows between users:
Withdrawal Restrictions. Wallet funds may be withdrawn through payouts to users with connected Stripe accounts, subject to the Operator's payout policies, minimum balance requirements, and applicable regulations. The Operator reserves the right to hold funds for security review or compliance purposes.
Stripe Account Suspension or Termination. If your connected Stripe account is suspended, terminated, or otherwise becomes unavailable:
Refund Policy. ShutterBucks operates as a payment platform and marketplace connecting buyers with content creators. The following refund policies apply:
Platform Technical Errors. The Operator provides refunds only for the following specific technical issues: (a) payment was processed but content was never delivered due to a documented platform error; (b) duplicate charges caused by Site malfunction; or (c) complete platform outage lasting more than 48 consecutive hours preventing access to previously purchased content. The burden of proof lies with the purchaser to document such issues. Platform refunds do not cover user errors, connectivity issues, device compatibility, or content removed by the creator.
Creator-Issued Refunds. Content creators may issue refunds to buyers through the platform's wallet-to-wallet refund system. Each creator is responsible for setting their own refund policies and customer service standards. Creators process refunds directly from their wallet balance to the buyer's wallet balance through the platform's internal refund tools.
Dispute Resolution System. The platform provides a dispute resolution system to facilitate communication between buyers and creators:
Stripe Chargeback Handling. When a buyer initiates a chargeback through their payment provider (bank or credit card company), the platform manages the chargeback response process through Stripe's dispute resolution system. The platform will provide transaction evidence and documentation to the payment processor. Chargeback fees and associated costs may be deducted from the creator's wallet balance or the buyer's account depending on the chargeback outcome.
Creator Responsibilities. Content creators maintain Stripe connected accounts and are responsible for their own customer service, refund policies, and responding to disputes. Creators should clearly communicate their refund policies to buyers before transactions.
Chargeback Policy. The Operator acknowledges that payment networks (Visa, Mastercard, etc.) grant cardholders the right to dispute transactions through chargebacks. However, filing fraudulent or abusive chargebacks may result in account termination. "Chargeback abuse" means a pattern of behavior demonstrating intent to obtain content without payment, including: (a) filing multiple chargebacks (three or more) within a 12-month period after successfully accessing purchased content; (b) claiming non-receipt when delivery records, access logs, and IP data conclusively prove successful access and viewing; or (c) explicitly admitting to using chargebacks as a method to obtain free content. The Operator will NOT penalize users for legitimate disputes including: fraud, unauthorized charges, content significantly not as described, seller non-performance, or unresolved disputes where the seller has not responded to refund requests. The Operator will cooperate fully with payment processor chargeback investigations and provide evidence as requested.
Representations. When you join the Site as a member, you make the following representations to the Operator with the understanding that the Operator is under no obligation to investigate the veracity of your representations.
Use of the Site is permissible and legal in your location.
You have the legal capacity to enter into the agreement contained in these Terms and are capable of abiding by their Terms.
Age Verification and Falsification. All users must provide accurate age information during the age verification process. Providing false age information is strictly prohibited and constitutes a material breach of these Terms.
Age Verification Methods. The Operator employs multiple methods to verify and enforce the age requirement:
Mandatory Age Entry: All users must provide their date of birth during account registration. This information is required and cannot be bypassed.
Payment Method Verification: Users who make purchases on the Site must provide valid payment method information. While possession of payment methods suggests adult status in most cases, the Operator acknowledges this is not a foolproof age verification method, as minors may have access to debit cards or authorized user credit cards.
Stripe KYC Verification for Creators: Users who wish to receive payments (monetized creators) must create a Stripe account and complete Stripe's Know Your Customer (KYC) verification process. This process verifies identity and age through government-issued identification documents and is the most reliable form of age verification employed by the platform.
No Perfect Verification: The Operator acknowledges that no online age verification system is perfect. The platform employs reasonable methods to verify age but cannot guarantee that all users are accurately verified. Users are required to certify their age honestly and bear responsibility for providing false information.
Certification of Accuracy: By providing your date of birth during registration, you represent and warrant that the information is complete, accurate, and truthful. Providing false age information constitutes fraud and subjects you to account termination, potential legal consequences, and reporting to law enforcement where required by law.
Consequences of Age Falsification. If we discover that you have falsified your age:
Detection Methods: We may use various methods to verify age accuracy, including but not limited to payment method verification, identity document checks, and automated detection systems.
Registration information. When you register as a member of the Site, you must provide the Operator with complete and accurate personal information (e.g., your name, mailing address, credit card number, email address). If that information changes at any time, you are required to update it immediately by editing your registration information at https://shutterbucks.com/settings. If the Operator learns that you have provided incorrect or false registration information or that you have not updated changes to your personal information, it will terminate your membership at its discretion.
Email. When you register for the Site, you may receive unsolicited commercial emails from the Operator or its partners and agents. You may unsubscribe from marketing communications in accordance with the CAN-SPAM Act by following the unsubscribe instructions in any email or by contacting hello@shutterbucks.com.
Security. When you register with the Site, you will select a username and password. You agree to do everything you can to keep this information secure. In the event that your security is breached, the Operator is not responsible for any damage or subsequent injury.
Account Termination. Your membership may be terminated voluntarily by you or involuntarily by the Operator under the following circumstances:
Voluntary Termination. You may voluntarily terminate your membership at any time by following the cancellation instructions at https://shutterbucks.com/settings. Before closing your account, you must withdraw any available funds from your wallet or they will become unavailable upon account closure. Upon voluntary termination, your ability to access the membership area of the Site will end immediately. You may complete withdrawal of available wallet funds up to thirty (30) days after account closure, after which time any remaining funds will be subject to Nevada's Uniform Unclaimed Property Act as described in Section 5(2)(6). Funds subject to pending transactions, disputes, chargebacks, or owed fees will be held until such matters are resolved. For subscription-based content, you will receive notice at least seven (7) days before any renewal period. You may cancel your subscription at any time before the renewal date through your account settings. If you do not cancel before the renewal date, your subscription will automatically renew and you will be charged for the renewal period.
Involuntary Termination. The Operator may terminate your membership at any time with or without advance notice at its sole discretion. Reasons for involuntary termination include, but are not limited to: (a) inability to verify the accuracy of information you provided; (b) violation of any provision of these Terms; (c) actions that may subject the Operator, you, or other members to legal liability; (d) harassment of other members; (e) advertising goods or services on the Site without permission; (f) cessation of Operator operations; or (g) business or public relations reasons determined by the Operator to be in its best interests.
Immediate Termination for Fraud. An account will be immediately terminated if the Operator determines that the account is fraudulent, or if the member issues false credit card chargebacks, illegitimate credit card dispute reversals, or provides insufficient funds. If your account is terminated for these reasons, you will be legally responsible for any banking and legal fees incurred by the Operator and permanently banned from future use of the Site. Additionally, the Operator reserves the right to: (a) provide you with 30 days to correct your improper chargeback, credit card dispute reversal, or insufficient funds (this correction period may be denied if the Operator determines, in its sole discretion, that providing it could injure the Operator); and (b) disclose all information about you in its possession to any affected financial institution to the extent permitted by federal and Nevada law, including your name, address, email address, communications with the Operator and other members, profile contents, audiovisual content, and payment information, to assist in prosecution (criminal or civil).
Re-registration. If you voluntarily terminate your membership to the Site, you may re-register as a member of the Site at any time as long as you agree to the applicable Terms. If your membership is involuntarily terminated by the Operator, you are not permitted to re-register without written permission to do so by the Operator.
SERVICE GUIDELINES. The Operator enforces the following guidelines for each and every person using the Site:
You will not use the Site in a manner to restrict or inhibit any other user from using and enjoying the Site and the Internet.
Your use of the Site is at the Operator's discretion. You will not use the Site to post or transmit any unlawful, threatening, abusive, libelous, slanderous, racist, sexist, ageist, or defamatory information, advertisements, pictures, or communications that contain offensive language or images of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, national, or international law.
You will not use the Site to post or transmit any information or software which contains a virus, Trojan horse, worm, malware, or any and all other harmful components.
You shall not use the Site to publish or otherwise distribute material containing any solicitation for funds, advertising, or distribution of your goods and services or the goods and services of any competitor absent express written permission from the Operator.
You may not post advertisements or user profiles that the Operator determines to be an insincere or otherwise non-serious use of the Site.
You shall not use the Site to promote any criminal or otherwise unlawful activity.
You shall not use the Site to post advertisements, information, communications, or any visual or audiovisual information for the purposes of interference or entrapment by law enforcement or security agencies, media, or any other person, organization, or company.
You will not post any information, including visual and audiovisual information, that infringes upon the rights of any third party, including but not limited to intellectual property, including trademarks and copyrights, privacy, and all other personal and proprietary rights. This includes, but is not limited to, posting content featuring any individual who does not have knowledge of or who has not consented to your posting of the content.
You shall not use the Site to post any unlawful content, including but not limited to child sexual abuse material, visual or audiovisual information of persons who have not reached the age of majority, non-consensual intimate imagery, or any material which may be deemed obscene or otherwise violates applicable laws.
Automated Content Filtering. The Site employs automated filtering systems that attempt to detect and remove prohibited words, phrases, and content patterns from all user-generated content, including messages, posts, comments, profile information, and photo descriptions. While the Operator makes reasonable efforts to filter prohibited content, no automated system is perfect and the Operator makes no guarantee of complete effectiveness. Repeated attempts to post prohibited content may result in account warnings, suspension, or termination without notice.
SENSITIVE MEDIA AND CONTENT POLICY. ShutterBucks is a social platform where users may share content that includes sensitive media (nudity or sexual content). All such content is user-generated. Access to sensitive media requires that you are 18 years or older, as verified through the age verification process during account creation. Users who post sensitive media are solely responsible for accurately labeling it during upload. Failure to properly label sensitive media may result in content removal and account termination. Sensitive media is filtered from discovery features by default and requires explicit opt-in through account settings to view. Sensitive media is strictly prohibited from public display areas (profile photos, thumbnails, public streams).
CONTENT QUALITY AND MODERATION DISCLAIMER.
No Quality Guarantee. The Operator does not review, moderate, curate, or guarantee the quality, accuracy, appropriateness, or value of any content posted by users on the Site. All content is provided by independent users who are solely responsible for the content they create and share.
User-Generated Content. All photos, videos, text, and other materials posted by users are user-generated content. The Operator exercises no editorial control over such content and makes no representations or warranties regarding its quality, accuracy, legality, or value for money.
Buyer Assumes Risk. By purchasing or accessing content on the Site, you acknowledge that:
No Platform Endorsement. The availability of content on the Site does not constitute an endorsement, recommendation, or quality certification by the Operator. Users must exercise their own judgment when deciding to purchase or view content.
Creator Responsibility. Content creators are independent users of the Site and are solely responsible for:
CONTENT LICENSING. Content available on the Site is subject to the licensing terms and conditions set forth in this Section 9. Your purchase of any content constitutes your acceptance of and agreement to the applicable license terms.
License Types. Content on the Site may be offered under various license types at the sole discretion of the content creator. The Operator provides the following categories of licenses for creator selection:
Personal Use License. The default license applicable to all content unless an alternative license is expressly selected by the creator. This license grants limited, personal, non-commercial viewing rights only.
Photography Licenses. Includes Print Release and Editorial Use licenses, which grant specific rights for personal printing or publication in news and editorial contexts, respectively.
Commercial Licenses. Includes Commercial, Extended Commercial, and Full Rights Transfer licenses, which grant varying degrees of commercial use rights, including, in certain cases, resale rights or transfer of ownership.
Creative Commons Licenses. Includes CC0, CC-BY, CC-BY-SA, CC-BY-NC, CC-BY-NC-SA, CC-BY-ND, and CC-BY-NC-ND licenses, each governed by the applicable Creative Commons license terms as published by Creative Commons Corporation.
License Immutability. THE LICENSE TERMS APPLICABLE TO YOUR PURCHASE ARE PERMANENTLY FIXED AT THE TIME OF TRANSACTION AND SHALL NOT BE SUBJECT TO MODIFICATION. You acknowledge and agree that:
Upon completion of a purchase, the license terms governing your use of the purchased content shall be permanently established and may not be altered, amended, or revoked by the content creator, the Operator, or any third party;
Any subsequent modification by a creator to the license terms displayed on a content listing shall have no effect on licenses previously granted to purchasers;
Your license rights shall survive the deletion of content by the creator, the closure or suspension of the creator's account, or any other action by the creator or the Operator affecting the availability of the content on the Site;
The Operator shall maintain a permanent record of each transaction, including the specific license type and version applicable to your purchase;
Nothing in these Terms shall be construed to permit the retroactive modification of license rights previously granted to purchasers.
Download Rights. The ability to download content is disabled by default for all content on the Site. Creators may, at their sole discretion, enable download functionality for specific content at the time of listing. The following provisions govern download rights:
Download permissions, if any, are determined at the time of listing and are permanently fixed at the time of your purchase;
Download rights, once granted to a purchaser, may not be subsequently revoked by the content creator or the Operator;
Downloaded content remains subject to all terms and conditions of your purchased license; the act of downloading does not expand, modify, or otherwise alter your license rights;
Downloaded content may include a copy of the applicable license terms for your records;
A creator who has enabled download functionality at the profile level retains the ability to disable downloads for specific content items.
Default License (Personal Use). In the absence of an alternative license expressly selected by the content creator, the Personal Use License shall apply. Under the Personal Use License:
You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the content solely for your personal, non-commercial use;
Content shall be delivered via streaming access for private viewing purposes only;
"Personal use" shall mean private viewing by you as an individual natural person, which does not generate revenue, provide commercial advantage, or serve any business purpose;
Your access to purchased content shall continue for so long as your account remains active and in good standing, notwithstanding the deletion of such content by the creator, the closure of the creator's account, or the suspension of the creator from the Site.
Prohibited Uses Under Personal Use License. Under the Personal Use License, the following uses are expressly prohibited absent explicit written permission from both the content creator and the Operator:
Distribution, redistribution, or public display of any content from the Site;
Creation of derivative works based on content from the Site;
Use of content for any commercial purpose, including but not limited to advertising, marketing, promotion, or resale;
Sharing, transferring, sublicensing, or otherwise providing access to content to any third party through any means;
Posting, uploading, or transmitting content from the Site to any other website, platform, application, or service, including but not limited to social media platforms, file sharing services, or messaging applications;
Use of content in any manner that could reasonably be expected to damage the reputation of the content creator or the Operator;
Removal, alteration, or obscuring of any copyright notices, watermarks, metadata, or other proprietary notices contained in or on content;
Systematic, automated, or bulk copying, scraping, downloading, or harvesting of content from the Site.
Alternative Licenses. Where a content creator has selected an alternative license, the following provisions apply:
Photography Licenses (Print Release, Editorial Use) grant specific rights as defined by the applicable license type, including rights for personal printing or publication in news and editorial contexts;
Commercial Licenses (Commercial, Extended Commercial, Full Rights Transfer) grant commercial use rights as defined by the applicable license type, which may include, depending on the specific license selected, rights for business use, marketing, advertising, resale, or transfer of ownership;
Creative Commons Licenses grant rights as defined by the applicable Creative Commons license, with varying requirements and restrictions regarding attribution, commercial use, and derivative works;
Your rights under any license are determined solely by the license terms in effect at the time of your purchase; subsequent modifications to the listing by the creator shall have no effect on your previously acquired rights.
Creator Responsibilities. Content creators bear sole responsibility for their licensing decisions and representations. Specifically:
Creators are responsible for selecting the appropriate license type for their content at the time of listing;
Creators are solely responsible for understanding the rights they grant under each license type and the implications thereof;
Creators may include supplemental notes or terms in their listings; however, such supplemental terms shall not contradict, expand, or otherwise modify the rights granted under the selected license type;
Misrepresentation of license rights, or the offering of rights that the creator does not possess or is not authorized to grant, is strictly prohibited and may result in immediate account termination without notice.
License Termination. Notwithstanding any other provision of these Terms, your license to access and use any content may be terminated immediately and without notice upon your violation of these Terms or any applicable law. Upon termination, you shall immediately cease all use of the content and destroy any and all copies of the content in your possession or control.
Copyright Enforcement. The Operator and content creators reserve the right to pursue all available legal remedies for any infringement of copyright or other intellectual property rights, including but not limited to claims for actual damages, statutory damages, punitive damages, disgorgement of profits, reimbursement of attorneys' fees and costs, and preliminary and permanent injunctive relief.
DIGITAL MILLENNIUM COPYRIGHT ACT.
DMCA Compliance. ShutterBucks respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), the Operator will respond to valid notices of copyright infringement and will terminate accounts of repeat infringers.
Filing a DMCA Notice. If you believe content on the Site infringes your copyright, send a written notice to our designated DMCA agent at hello@shutterbucks.com with the following information:
Designated DMCA Agent: ShutterBucks LLC DMCA Compliance 6767 West Tropicana Avenue Las Vegas, NV 89103 Email: hello@shutterbucks.com
Counter-Notification. If you believe your content was removed in error, you may file a counter-notification with the information required by 17 U.S.C. § 512(g)(3).
Repeat Infringer Policy. Users who receive multiple validated DMCA notices will have their accounts terminated.
ASSUMPTION OF RISK. When you use the Site, you assume all risks associated with such use and understand that:
The Operator does not and cannot review all items posted on the Site but reserves the right to monitor all information, advertisements, pictures, and communications for acceptability. The Operator may remove any advertisement, information, photos, videos, or other content on the Site at its sole discretion, and you have no recourse for such removal.
You shall not register as someone else or provide false information to the Operator. If the Operator has any reason to believe that you have registered as someone other than yourself, the Operator will cooperate with any law enforcement investigation that might occur from such misrepresentation and reserves the right to provide any and all information that it possesses about you to law enforcement. Moreover, your account will be immediately terminated.
If your account is terminated by the Operator for any reason, you shall not attempt to re-register without the Operator's express written permission.
DISPUTE RESOLUTION. In the event of any dispute with the Operator and/or the Site, the following governing law and dispute resolution guidelines will control.
Governing law. These Terms, and all matters arising out of or relating to these Terms, shall be governed by the laws of the State of Nevada, excluding any conflict of law provisions. Through your use of the Site, you agree that, without exception, all disputes between the Operator and you will be adjudicated in Clark County, Nevada.
Resolution of user complaints. If you have any complaint with content on the Site, operation of the Site, or anything else relating in any way to the Operator or the Site, you may email the Operator at hello@shutterbucks.com and fully describe the nature of your complaint. The Operator shall respond to you within 7 days of receipt of your email regarding its views on the merits of your complaint and possible options for resolution. This procedure shall be deemed settlement discussion and will not be defined as adversarial until the Operator unequivocally states that it will provide you with no further response.
Venue and Jurisdiction. The state and federal courts of Clark County, Nevada shall be the exclusive venue for resolution of all disputes under these Terms or related to the Site, including any requests for injunctive relief (whether temporary, preliminary, or permanent). By using the Site, whether as a member or guest, you consent to personal jurisdiction in Clark County, Nevada for any and all disputes related to these Terms or to the Site.
Attorney fees. In the event that any dispute arises under this Paragraph or these Terms related to your violation of these Terms, you shall reimburse ShutterBucks for all reasonable attorneys' fees and costs incurred if ShutterBucks prevails. For all other disputes not related to your violation of these Terms, each party shall bear their own attorneys' fees and costs regardless of who prevails.
Process service. Regarding any dispute under these Terms or between you and the Operator, the Operator may serve process upon you at the mailing address you provided when you signed up as a member of the Site. Service via U.S. mail to your registered mailing address shall constitute valid service of process.
Survival of paragraph. The provisions of this Paragraph 12, subject to any future modifications, will survive these Terms, as well as your use of the Site. No amendment to this Paragraph 12 shall apply to a dispute of which the Operator had actual notice on the date of amendment.
LIMITATION OF LIABILITY. When you use the Site, the Operator's liability is expressly limited as follows:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATOR, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. THE OPERATOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENTS OR THE CONTENT OF ANY SITE LINKED TO THE SITE.
IN NO EVENT SHALL THE OPERATOR, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM:
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE SITE;
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
ANY CONDUCT (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OF THE SITE; and/or
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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL AUTHORITY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY CONTAINED HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE OPERATOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OFFERED BY OR ADVERTISED BY ANY THIRD PARTY ON THE SITE OR HYPERLINKED ON THE SITE OR FEATURED IN ANY BANNER ADVERTISEMENT OR OTHER ADVERTISING. THE OPERATOR WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE IN ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATOR SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY WITH YOU.
THE OPERATOR MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
EXCEPT IN JURISDICTIONS WHERE LIMITATION OF LIABILITY PROVISIONS ARE NOT ENFORCEABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE OPERATOR'S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL FEES PAID BY YOU FOR A PERIOD OF NO MORE THAN THREE (3) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CAUSE OF ACTION.
INDEMNIFICATION. In the event that your actions harm any third party, or if the Operator is forced to defend itself from any civil or criminal actions related to your actions, you agree to indemnify and defend the Operator, its officers, directors, employees, and/or agents, except to the extent caused by ShutterBucks' gross negligence or willful misconduct. This includes, but is not limited to, any action brought by someone who was offended by content on the Site and damages that are directly, indirectly, or consequentially related to your actions. If the Operator learns of any such situation, it will inform you at the email address you provided when you registered for the Site within 7 days of discovery of the situation. You acknowledge and agree that the Operator may retain its own counsel and engage in its own defense at its discretion.
MISCELLANEOUS PROVISIONS.
Severability. If a court of competent jurisdiction or an arbitrator in binding arbitration finds any portion of these Terms or any provision of these Terms invalid, the remainder of the Terms will nevertheless continue in full force and effect
Assignment. The rights and obligations conveyed in these Terms shall inure to the benefit of the parties' successors and assigns
Waiver. Any waiver by the Operator of any term shall not be deemed to be a continuing waiver. Failure of the Operator to assert a right or term shall not be deemed a waiver whereof.
Notice. You consent to have all notices provided by the Operator regarding the Site sent to you in electronic form. For your ease of reference, please print a copy of these Terms for your records. Alternatively, please write to the Operator at hello@shutterbucks.com to request a non-electronic copy of these Terms of Use.
Entire Agreement. These Terms are the entire agreement between the Operator and you regarding your access and use of the Site. Any and all previous agreements are hereby superseded.
ShutterBucks LLC
6767 West Tropicana Avenue,
Las Vegas, NV 89103