ShutterBucks Terms of Use

Effective Date: August 3, 2023

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.

  1. 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.
  2. 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.
    1. Modification Date. If the Operator revises the Terms, the "Modified Date" designation at the top of this page will reflect the modification date. If you visit this page and see a new "Modified Date," you agree that you shall review the Terms for revisions and ensure that you agree to be bound by these revisions. Your continued use of the Site after revisions are made and posted is your explicit agreement to comply with those revisions and acknowledgement that the Operator will comply with the revisions as well. If you cease use of the Site after revisions have been made, the previous version of the Terms will continue to govern the relationship between the Operator and you.
    2. Custom Terms of Use. In the event that you do not agree with these Terms, the Operator will consider any proposed custom revisions to the Terms that will control your use of the Site. However, the Operator is not obligated to agree to your proposed custom Terms of Use, and it is in the Operator's discretion to accept or reject any proposed changes that you attempt to make to these Terms.
  3. ACCESS TO THE SERVICES. You must be sixteen (16) years old or older to use or access the Site. If you are under sixteen (16) years old, your use of the Site must be directly supervised by your parent or guardian who agrees to be bound by this License. Any use or access to the Site by anyone under sixteen (16) years old who is not directly supervised by an adult is strictly prohibited and in violation of this License.
  4. INTELLECTUAL PROPERTY. The Site contains photographic, written, and audiovisual content protected as the Operator's intellectual property.
    1. 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.
    2. 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.
    3. 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.
    4. 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 ownership of any copyrights in the material posted by you. However, you agree that all materials posted by you shall become part of a database owned by the Operator. The Operator owns the copyright to that database. Additionally, you shall provide the Operator with a worldwide, perpetual, irrevocable license to use, reproduce, modify, publish, publicly perform, publicly display, and distribute such materials, any portion of such materials, and any derivative works created from such materials, in print, electronic, or other media, by any means now known or developed in the future. The Operator may sublicense all of our rights and licenses or assign them to third parties. Neither the Operator nor any third party using the materials in accordance with this section will be obligated to pay you any royalties or other compensation for use of the materials.
  5. 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.
    1. 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.
    2. Payment. Payment for the services provided to you in, at, through, or in association with the Site will be made through your purchase. Purchases may be made by automatic credit card, debit card, direct debit, online checks, and other approved payments means offered in, at, or through the Operator. You authorize the Operator and its agents to transact such payments on your behalf. All payments to the Operator are made in U.S. dollars. The Operator may, at its discretion, permit payment via international currencies.
      1. 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.
      2. Content-based content. Certain members of the Site have content-based charges, meaning that you pay a fee for certain content (such as a photo or a video) and have unlimited rights to view that content for as long as the member permits access to it on the Site. Members charging for individual content have an absolute right to remove that content from the Site at the member's discretion. If a member removes content that you purchased, you will no longer be able to view that content on the Site. The Operator recommends that you make personal back-ups of any content that you purchase on the Site. Content that you backup that was purchased on the Site remains subject to these Terms.
    3. 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.
      1. Use of the Site is permissible and legal in your location.
      2. You have the legal capacity to enter into the agreement contained in these Terms and are capable of abiding by their Terms.
    4. Liability. You agree that, under no circumstances, shall the Operator ever be liable for terminating your membership for any reason.
    5. 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/account . 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.
    6. Email. When you register for the Site, you may receive unsolicited commercial emails from the Operator or its partners and agents.
    7. 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.
    8. Voluntary termination. You may voluntarily terminate your membership at any time by following the cancellation instructions at https://shutterbucks.com/account . If you voluntarily terminate your membership, your ability to access the membership area of the Site will end immediately, and you forfeit any money remaining in your account. If you fail to terminate your membership within ONE (1) DAY of a renewal period for subscription-based content, your membership might be renewed for an additional period, which you will be charged for.
    9. Involuntary termination. The Operator may terminate your membership at any time with or without advance notice. Some (but not all) reasons for involuntary termination include:
      1. The Site cannot verify the accuracy of the information that you provided to the Operator;
      2. The Operator believes that you have violated any provision of these Terms;
      3. The Operator believes that your actions may subject the Operator, you, or other members of the Site to legal liability;
      4. The Operator believes that you are harassing other members of the Site;
      5. The Operator believes that you are advertising your goods and services or the goods and services of third parties on the Site;
      6. The Operator ceases operations;
      7. The Operator believes that it is in the Operator's best interests for business reasons or public relations reasons.
    10. Immediate termination. An account will be immediately terminated in the event that the Operator determines that the account is fraudulent or if the member issues false credit card charge backs or illegitimate credit card dispute reversals or provides an electronic check with insufficient funds. If your account is terminated for any of these reasons, you will be legally responsible for any banking and/or legal fees incurred by the Operator because of your action and permanently banned from future use of the Site. Additionally, the Operator reserves the right to do the following:
      1. Provide you with 30 days to correct your improper charge back, credit card dispute reversal, or your failure to provide sufficient funds to the Operator. The Operator will not provide you with the 30-day correction period if it determines, in its sole discretion, that doing so could injure the Operator.
      2. Disclose all of the information about you in its possession to any affected financial institution to the extent permitted by federal and/or Nevada law, including but not limited to: your name, your address, your email address, any communications between the Operator and you, any communications between you and other members of the Site, the contents of your profile and audiovisual content associated with your profile, and your payment information. This will assist the relevant financial institutions in prosecuting you, whether criminally or civilly.
    11. 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.
  6. SERVICE GUIDELINES. The Operator enforces the following guidelines for each and every person using the Site:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. You may not post advertisements or user profiles that the Operator determines to be an insincere or otherwise non-serious use of the Site.
    6. You shall not use the Site to promote any criminal or otherwise unlawful activity.
    7. 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.
    8. 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.
    9. You shall not use the Site to post any visual or audiovisual information of persons who have not reached the age of majority.
    10. You shall not use the Site to post anything unlawful, including child pornography and any and all material which may be deemed obscene.
    11. You shall not share any content on the Site with any third party.
    12. You shall not duplicate any content on the Site nor any portion of the Site other than as explicitly stated in these Terms.
    13. You shall not display the Site or any of its content in public.
    14. You shall not use any content on the Site to create a derivative work.
    15. You shall not alter any image or any other content on the Site, including but not limited to the removal of any intellectual property notices, including trademark and copyright notices and watermarks.
    16. You shall not use the intellectual property on the Site for anything other than personal non-commercial use. This includes use as a competitor, a member of a local or federal law enforcement agency or government employee, or as an agent of the aforementioned.
  7. ASSUMPTION OF RISK. When you use the Site, you assume all risks associated with such use and understand that:
    1. 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.
    2. The Operator may remove any advertisement, information, photos, videos, or any other information on the Site at its sole discretion, and you have no recourse for the removal of anything on the Site.
    3. 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.
    4. 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.
  8. 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.
    1. 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.
    2. 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.
    3. Injunctive relief. Any request for injunctive relief, whether temporary, preliminary, or permanent, shall occur in the state or federal courts of Clark County, Nevada.
    4. Venue. Subject to the exclusions in Paragraphs 8(b) and (c) above, the state and federal courts of Clark County, Nevada shall be the exclusive venue for resolution of disputes under these Terms or related to the viewing of any content on the Site.
    5. Jurisdiction over you. 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.
    6. Statute of limitations. The Operator and you agree that any dispute arising from these Terms of Use or your interactions with the Operator or the Site shall be commenced within 1 year of the date that the dispute arose or else be permanently barred.
    7. Attorney fees. In the event that any dispute arises under this Paragraph or these Terms, the parties shall bear their own attorneys' fees and costs, regardless of who prevails.
    8. Process service. Regarding any dispute under these Terms or between you and the Operator, the Operator and you stipulate that service may occur via U.S. mail, email, or facsimile. This is being done to avoid the expense and hassle of traditional method of process service. The parties expressly waive their right to traditional personal service of process. The Operator may serve process upon you at the email address you provided when you signed up as a member of the Site.
    9. Survival of paragraph. The provisions of this Paragraph 8, subject to any future modifications, will survive these Terms, as well as your use of the Site. No amendment to this Paragraph 8 shall apply to a dispute of which the Operator had actual notice on the date of amendment.
  9. LIMITATION OF LIABILITY. When you use the Site, the Operator's liability is expressly limited as follows:
    1. 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.
    2. 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:
    3. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE SITE;
      1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
      2. 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;
      3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
      4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
      5. ANY CONDUCT (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OF THE SITE; and/or
      6. 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.
    4. THE FOREGOING LIMITATION OF LIABILITY CONTAINED HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    5. 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.
    6. 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.
    7. 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.
    8. 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 FEES PAID BY YOU FOR A PERIOD OF NO MORE THAN 1 MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OF ACTION.
  10. 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. 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.
  11. MISCELLANEOUS PROVISIONS.
    1. 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
    2. Assignment. The rights and obligations conveyed in these Terms shall inure to the benefit of the parties' successors and assigns
    3. 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.
    4. 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.
    5. 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