Terms of Service

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Lender Terms

Updated On: April 17th 2018

Description of this Document

These Lender Terms are part of the Shuttershare Membership Agreement. They are part of a legally binding contract: You agree to follow the terms of the Membership Agreement, including these Lender Terms, and Shuttershare agrees to provide You with its Services. This Agreement describes Your specific rights and obligations when acting as a Lender; similarly, it gives Shuttershare certain rights, and imposes obligations on Shuttershare.

Read this document carefully. By signing up for a Shuttershare Membership, You agree to be bound by the terms of the Membership Agreement, including these Lender Terms; when You use Shuttershare's Services, You agree to use them in accordance with the terms of the Membership Agreement, including these Lender Terms. If You do not want to be bound by the Membership Agreement, do not sign up for a Shuttershare Membership, and do not use Shuttershare's Services.

Ownership of Equipment

You may only list or Share Equipment that You own, and You may not list or Share Equipment that You do not own. By listing Equipment on Shuttershare's Platform, You specifically warrant that You own that Equipment, and that there is no legal or other reason why You cannot Share it.

Drones

You may list Drones or other Aerial Photography Equipment on Shuttershare. Shuttershare however does not have insurance, or damage waiver programs to cover damages to these listings. It is up to you to require the Borrower purchase insurance, or require the proper licensing.

Software, Licenses, and Intellectual Property

If the Equipment You list or Share includes software or other intellectual property, You specifically warrant that You have a license or other rights to the software or other intellectual property, and those rights, or the terms of that license allow You to Share it.

Condition of Equipment

All Equipment You list must be in good condition, fit for use, and of reasonably acceptable quality. Equipment You list must be clean and well-maintained, and all software or firmware must be up-to-date. You must take regular steps to ensure Equipment that You list is free of malware. Any disks, flash drives, or other storage media that are part of or included with Equipment You list should be free of Your files and data. Equipment You list must include all relevant accessories, unless the relevant listing specifically states otherwise.

Accuracy of Information

All descriptions of Equipment You list must be accurate and complete. There should be no surprises for a Borrower. Images and other media. All images, videos, or other depictions of Equipment that You post must be of the Equipment itself (and not, for example, promotional images, or images of a different item of the same make and model). Images, videos, or other depictions that You post must be recent, accurate, and not modified, retouched, manipulated, filtered, or otherwise deceptively altered.

Sharing Fees

You can set the daily Sharing Fee for each piece of Equipment that You list. Shuttershare reserves the right to modify any Sharing Fee to protect the integrity of Our Platform and Services; however, if We decide to modify the Sharing Fee for any of Your Equipment, We will first give You the opportunity to remove that listing.

Listing, Search and Display

We display listings for Equipment on Our Platform, including the Shuttershare website. Our Platform includes a search feature. Shuttershare has sole discretion to determine the order of search results, as well as the factors taken into account when determining the order of search results.

Availability, Offer and Acceptance

It is up to You to use Our Platform to specify when Your Equipment is available or unavailable to be Shared.

After a Member uses Shuttershare's Platform to make a request to Share a piece of Your Equipment, You must respond within 24 hours. The decision to Share Equipment is at Your sole discretion. If You repeatedly fail to respond to requests, or misstate the availability of Your Equipment, Shuttershare reserves the right to suspend or terminate Your Membership.

Scheduling, Cancellation and No-Shows

If there is a confirmed booking for a rental period of 24-hours or less, and the lender cancels the booking, the lender will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 100% of the sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 50% of the sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 30% of the sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than 24 hours, but three days or less, and the lender cancels the booking, the lender will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 100% of two days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 50% of two days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 30% of two days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than three days, but five days or less, and the lender cancels the booking, the lender will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 100% of four days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 50% of four days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 25% of two days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.

If there is a confirmed booking for a rental period greater than five days, and the lender cancels the booking, the lender will be subject to a cancellation fee according to the following schedule:

  • If the booking is cancelled 24 hours or less from the confirmed pick-up time, the cancellation fee is 100% of six days’ sharing fee.
  • If the booking is cancelled more than 24 hours, but three days or less from the confirmed pick-up time, the cancellation fee is 35% of six days’ sharing fee.
  • If the booking is cancelled more than three days, but five days or less from the confirmed pick-up time, the cancellation fee is 20% of six days’ sharing fee.
  • If the booking is cancelled more than five days before the confirmed pick-up time, there is no cancellation fee.
Review of Equipment and Notification of Damage

You and the Borrower are responsible for reviewing the condition of the Equipment at the time the Borrower picks it up, and noting any damage, defects, or other concerns about the condition of the Equipment.

You and the Borrower are responsible for reviewing the condition of the Equipment at the time the Borrower returns it to You, and noting any damage, defects, or other concerns about the condition of the Equipment.

You must notify Shuttershare immediately of any damage or other change in the condition of the Equipment that occurred while it was Shared with the Borrower.

Theft, Loss, etc.

You must notify Us immediately if a Borrower informs You that Your Equipment has been stolen or lost, or if a Borrower fails to return Your Equipment at the agreed time and location.

Borrower Property

You will make your best efforts, and work with Shuttershare to return any property that a Borrower leaves with Your Equipment. This includes intellectual property, media, and electronic files.

You are under no obligation to retain a Borrower's electronic data that may have been left on Your Equipment for more than 24 hours after the Equipment has been returned.

Ratings and Reviews

Ratings and reviews are essential to the functioning of the Shuttershare community. They allow Members to make informed decisions about Sharing Equipment. Therefore, You must promptly leave ratings and reviews about Your experience with the Borrower after the Equipment has been returned.

Borrowers will leave ratings and reviews about their experience with You and Your Equipment. If You have concerns with the rating or review, You contact Us at support @shuttershare.io.

Repeated failure to promptly leave ratings or reviews may result in the suspension or termination of Your Membership.

Sharing Agreements

When You Share Equipment using the Shuttershare Platform, You and the Borrower will use the Shuttershare Sharing Agreement, without any side agreements, modifications, or additions.

All payments between You and the Borrower will be through Shuttershare's Payment Intermediary, and there will be no additional or supplementary payments, bartering, or other exchanges of value in respect of Shared Equipment.

Liability and Indemnification

Shuttershare is Not Your Agent

Shuttershare provides a Platform and Services to facilitate the sharing of media production Equipment. Although Shuttershare's Services allow Members to communicate with each other, and Shuttershare's Payment Intermediary processes payments between Members, Shuttershare does not act on behalf of Members, and is not Your agent, nor the agent of any other Member. Shuttershare does not have the authority to alter Your legal rights or relationships, and does not purport or represent that it has the authority or capacity to do so. You may use Shuttershare's Platform or Services to enter into legally binding agreements, but You do so on Your own behalf.

Shuttershare Liability

You are solely responsible for ensuring that any Equipment that You list or Share using Shuttershare's Platform or Services is of reasonably acceptable quality. You use Shuttershare's Platform and Services at Your own risk, and if You use Shuttershare's Platform or Services to Share Equipment with another Member, Shuttershare is not a party to Your contract with that other Member, that contract gives You no rights as against Shuttershare, and Shuttershare has no liability to You under that contract.

Except as specifically provided for in the terms of the Shuttershare Damage Cover Program, Shuttershare is not responsible and has no liability for any loss, theft, or damage of any kind whatsoever, related to or arising from Your use of Shuttershare's Platform or Services. Except as specifically provided for in the terms of the Shuttershare Damage Cover Program, Shuttershare has no liability if Your Equipment is lost, stolen, or damaged in any way whatsoever related to or arising from the Equipment being Shared by way of Shuttershare's Platform or Services.

Taxes

We cannot and do not give tax advice, and We cannot and do not collect or remit tax on Your behalf. You are solely responsible for determining if You must collect and remit tax.

If You are responsible for collecting and remitting tax, you must include tax in the price You List, and Your Listing must include a breakdown of the amount of the Sharing Fee and the amount of tax.