Terms of Service

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General Terms

Updated On: November 21st 2017

What It Is

This Agreement describes the relationship between Shuttershare and You. It is a legally binding contract: You agree to follow its terms, and Shuttershare agrees to provide you with its Services. This Agreement describes Your specific rights, and imposes certain obligations on You; similarly, it gives Shuttershare certain rights, and imposes obligations on Shuttershare. It also sets out the limits of Shuttershare's obligations to you.

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

What It Includes

The Shuttershare Membership Agreement is made up of a number of documents, specifically these General Terms, the Shuttershare Lender Agreement, the Shuttershare Borrower Agreement, the Shuttershare Acceptable Use Rules, and the Shuttershare Damage Cover Program Agreement. Each of those documents is part of this Agreement, and when You agree to be bound by this Agreement, You agree to be bound by the terms of each of those documents as well.

These documents constitute the entire agreement between Shuttershare and You, and supersede and prevail over any previous negotiations or discussions, collateral agreement, additional terms and conditions, or separate understanding, whether reduced to writing or otherwise, whether made before or after the date of this Agreement.

A finding that any part of this Agreement is void, invalid, or unenforceable does not affect the validity or enforceability of the remainder of the Agreement.

All the documents that make up the Shuttershare Membership Agreement, as well as the Shuttershare Privacy Policy, the Shuttershare Website Terms of Use, and any other important Shuttershare policies are available at https://shuttershare.io/terms.

Definitions

Because this Agreement is a legally binding contract, its wording is precise, to make sure everybody reading the Agreement will know exactly what they are agreeing to. In order to make the meaning of the Agreement clear, certain words are given precise meanings. Those words, and their definitions, are listed immediately below. When those words are used in the Agreement, they will be written with an uppercase first letter.

  • Account
  • Agreement
  • AUR or Rules
  • Borrow
  • Borrower Agreement
  • DCP Agreement
  • Equipment
  • Lender Agreement
  • Member
  • Membership
  • Payment Intermediary
  • Services
  • Share
  • Sharing Agreement
  • Sharing Fee
  • Shuttershare
  • User Content
  • Verification Partner
  • You

The possessive, plural, and other related forms of words with listed definitions take their meaning from the listed definition.

Modification, Notice and Contact

Modification

Shuttershare may modify the terms of this Agreement (including the Borrower Agreement, the Lender Agreement, the AUR, and the DCP Agreement) at any time, without giving You any notice, by posting the modified Agreement at https://shuttershare.io/terms/general-terms. Shuttershare will attempt to provide Members with notice of major changes to the Agreement by e-mail, but You will be bound by the modified Agreement regardless of whether or not You receive notice of the modifications. You should regularly check this page for the most recent version of the Agreement. No modification or amendment of this Agreement is valid unless and until it is posted at https://shuttershare.io/terms/general-terms.

If this Agreement is modified while You have Borrowed or Lent Equipment, the Agreement in effect at the time the Borrower and Lender entered into the Sharing Agreement will apply.

If at any time You no longer wish to be bound by this Agreement, you may deactivate Your Membership at https://shuttershare.io/profile/account/settings. After You deactivate Your Membership, You may still be bound by certain parts of this Agreement, and Shuttershare may retain some rights under this Agreement.

Notification

When You sign up for Your Membership, You will be asked to provide Shuttershare with contact information, including an e-mail address, and a mobile phone number. If Your contact information changes, You must notify Shuttershare of Your updated contact information by updating your profile on Shuttershare's website. If Shuttershare is required to provide You with any notification, or needs to contact You for any reason, Shuttershare will do so at the contact information You have provided. You will be deemed to have received any notification, communication, or document Shuttershare sends to the contact information You have provided.

Shuttershare Contact Information

Shuttershare may be contacted at support@shuttershare.io

Description of Shuttershare Services

Shuttershare is an online platform that facilitates the sharing of cameras and other equipment involved in media production. Amongst other things, Shuttershare allows Members to:

  • create and maintain Member profiles;
  • create listings describing Equipment that are available to be Shared and specify a Sharing Fee;
  • search and browse the listings of available Equipment;
  • contact potential Lenders;
  • arrange the time and location at which the Borrower picks up Equipment from a Lender;
  • create and view reviews of Borrowers, Lenders, and Equipment;
  • pay and receive Sharing Fees, via Payment Intermediaries.

Shuttershare also provides administrative and ancillary services to support Borrowers and Lenders, as well as a limited Damage Coverage Program.

Eligibility

Shuttershare's Services are available only to individuals physically present in the Province of Ontario.

In order to use Shuttershare's Services You must have the legal capacity to enter into a contract, and, in particular, You must be eighteen (18) years of age or older. By using Shuttershare's services, You expressly warrant that You meet Shuttershare's eligibility criteria. If Shuttershare, at its sole discretion, determines that You do not meet its eligibility requirements, it may terminate Your Membership, delete or cease to display Your profile, listings, and other content, and deny You access to its Services. Shuttershare reserves the sole and absolute discretion to determine eligibility, and the criteria it uses to determine eligibility.

Shuttershare's Services require the use of certain third-party service providers, including Payment Intermediaries and Verification Partners. These third-party services may have their own eligibility requirements. Shuttershare has no control over the eligibility criteria or decisions of third-party service providers, and accepts no responsibility or liability if You are unable to use Shuttershare's Services because you are ineligible for or otherwise unable to use a required third-party service.

Registration and Verification

In order to use of Shuttershare's Services, You must register with Shuttershare as a Member, and verify Your identity using Shuttershare's Verification Partners. In order to register You must create an Account at shuttershare.io and provide Shuttershare with information about Yourself, and how You can be contacted. As part of the registration process You will be directed to our Verification Partner. You must successfully verify Your identity with our Verification Partner in order to become a Member and use Shuttershare's Services. If the Verification Partner is for any reason unable to successfully verify Your identity, You are not eligible to be a Member and cannot use Shuttershare's Services.

Although Shuttershare takes steps to verify the identity of our Members, we cannot and do not guarantee the accuracy of the information provided by our Verification Partner, nor can we guarantee that our Verification Partner or their procedures will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future. You may not register more than one Membership with Shuttershare without Shuttershare's express prior approval. If You attempt to register more than one Membership, Shuttershare may cancel all Your Memberships, at its sole discretion. You may not transfer or assign Your Membership to any other person. You may not share Your Membership with any other person, and You may not provide any other person with access to Your Account.

You must maintain the security of Your Account, and, in particular, You must protect the security and confidentiality of any password or other login credentials used to access Your Account. You must notify Shuttershare immediately if You believe Your Account, or Your password or other login credentials have been in any way compromised.

Accuracy

All the information You provide to Us about Yourself must be accurate, and if You become aware of an inaccuracy, mistake, error, or omission in any information You have provided, or if that information changes in any material way, You are under an ongoing obligation to immediately correct that information. If We become aware that You have deliberately or negligently provided Us with inaccurate information, We may immediately terminate Your Membership.

Reserved Right

Shuttershare reserves the right to terminate any Member's Membership at any time, without advanced notice, for any reason, at Our sole discretion. This decision is not subject to review or appeal.

Term, Termination, Suspension and Other Remiedies

Term

This Agreement continues until either You or Shuttershare terminate the Agreement. For greater clarity, Your Membership ends when this Agreement ends, and this Agreement ends when Your Membership ends.

Termination

Shuttershare can terminate this Agreement at any time, for any reason, at its sole discretion, by sending notice to the e-mail address You have provided as contact information. This decision is not subject to review or appeal.

You can terminate this Agreement by using the “Delete Account” feature at https://shuttershare.io/profile/account/settings.

If You have Shared or Borrowed Equipment at the time this Agreement is terminated, You will continue to be bound by its terms until the Equipment has been returned. Suspension etc.

Shuttershare may, at its sole discretion, suspend, disable, limit the functionality of, or otherwise modify the features of Your Account for any reason, without notice, for a fixed length of time or an indefinite period. Such action is not subject to review or appeal.

Accuracy of Information

All the information or descriptions that You provide to Us about must be complete and accurate, and if You become aware of an inaccuracy, mistake, error, or omission in any information or description that You have provided, or if information or descriptions that you have provided change in any material way, You are under an ongoing obligation to immediately correct the inaccurate or incomplete information or description. If We become aware that You have deliberately or negligently provided Us with inaccurate information or description, We may immediately terminate Your Membership.

You specifically warrant and represent that all information and descriptions that You provide to Shuttershare are complete and accurate.

In particular, any images or videos of Equipment that you submit or provide to Shuttershare must be of the specific piece of Equipment being listed (and not, for example, of a different item of the same make or model), and cannot be modified, retouched, manipulated, filtered, or otherwise deceptively altered.

You specifically warrant and represent that all images and videos that you provide to Shuttershare are current, accurate and have not been modified, retouched, manipulated, filtered, or otherwise deceptively altered.

Although We will take reasonable efforts to ensure accuracy, We cannot control or verify information, descriptions, images, and videos that Members provide to Us, so We cannot and do not guarantee the accuracy of information, descriptions, images, and videos provided or posted by Members, and We specifically do not warrant or represent that information descriptions, images, or videos that have been provided or posted by Members are correct, accurate, or complete.

Fees, Financial Terms, Currency, etc.

Fees

Membership to Shuttershare is free. Shuttershare charges fees to Lenders and Borrowers each time a piece of Equipment is Shared, and charges fees for certain other products or services, including the Damage Cover Program. Current fee information is available at https://help.shuttershare.io/payments/shuttershare-fee-schedule.

Prices

Members are free to set the Sharing Fee for each piece of Equipment listed on Shuttershare's Service. Shuttershare reserves the right to review and modify Sharing Fees set by members. Before Shuttershare modifies the Sharing Fee for a piece of Equipment, Shuttershare will give the Member who listed that piece of Equipment notice of the proposed change, and an opportunity to remove the listing for that piece of Equipment.

Financial Intermediaries

Shuttershare provides its members with a Payment Intermediary for all transactions involving Equipment listed with Shuttershare's Services. The Payment Intermediary transfers funds directly from one Member to another. Shuttershare does not process transactions between Members, receive money from Members to be disbursed to other Members, or handle, hold, retain, keep in trust, or otherwise take custody of Member's funds, except as payment of fees due to Shuttershare.

Fees due to Shuttershare must be paid through Shuttershare's Payment Intermediary.

If you are for any reason ineligible or unable to use the Payment Intermediary's services, you are ineligible to use Shuttershare's services.

Members will not make any payments or otherwise transfer funds to other members, either directly or indirectly, in respect of a transaction arranged using Shuttershare's Services, except through the Payment Intermediary. Members will not make any arrangements or attempts to pay amounts to other Members over and above a Sharing Fee paid through the Payment Intermediary, or to directly or indirectly transfer value, perform services, barter, or otherwise supplement a Sharing Fee paid through the Payment Intermediary.

Taxes

We cannot, do not, and will not give You advice about Your tax liabilities or obligations. You are solely responsible for determining Your tax obligations and liabilities, and for reporting and remitting taxes to the appropriate authorities.

Currency

All transactions, listings, prices, and fees are denominated in Canadian dollars.

Rounding Off

Shuttershare may, at its sole discretion, round amounts payable by Members or Shuttershare to the nearest dollar (or analogous base unit of denomination in foreign currencies) in the following manner: if the fractional value of a price is less than one-half, the amount will be rounded down such that the fractional part is zero; if the fractional value of a price is equal to or greater than one half, the amount will be rounded up to the next whole number.

User Content and Licensing

This section deals with content You submit to Shuttershare, such as pictures and descriptions of Your Equipment. (This is called “User Content” and its precise definition is listed in the Definitions section above.) We need to be able to display Your User Content, so We need Your permission (in the form of a license) to use Your content. And We need to be sure that the content You are posting belongs to You, and not someone else, and that it is appropriate for display on Shuttershare's Platform.

Ownership and Indemnification

You warrant that You have sufficient rights to any User Content You submit to Shuttershare to grant Shuttershare the license described in the first paragraph under the heading “Licensing” below.

You agree not to submit any User Content to which You do not have sufficient rights to grant Us the license described in first paragraph under the heading “Licensing” below. You agree to fully indemnify and hold harmless Shuttershare, its subsidiaries and affiliates, and their officers, directors, employees, and agents for any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of Your breach, intentional or otherwise, of the warranties in the preceding two paragraphs.

Licensing

You grant Shuttershare a non-exclusive, perpetual, worldwide, royalty-free, irrevocable, transferrable and sublicensable license for the limited purpose of displaying, transmitting, modifying or in any way making use of Your User Content in conjunction with Shuttershare's Services (including promoting or advertising Shuttershare's services) in any medium or media.

Unless there is an explicit agreement to the contrary, Shuttershare does not own any of Your User Content, and nothing in this Agreement restricts or limits any rights You may have to Your User Content.

Content Standards

You agree not to submit User Content that is deceptive, fraudulent, false, or otherwise misleading; is defamatory, libelous, obscene, pornographic, in any way illegal, or in any way objectionable; promotes or is intended to promote or incite hatred or violence, against any group distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability; is violent or threatens violence against any individual or individuals; contains intimate, secret, or private depictions of a person without their consent; promotes dangerous or illegal activities; or is otherwise contrary to this Agreement, or any other Shuttershare policy.

Shuttershare reserves the right to remove any User Content at any time, for any reason, at its sole discretion.

Shuttershare Intellectual Property

Shuttershare's Services, and Platform, (including any websites or apps through which Shuttershare provides its Services), including all text, images, videos, sound recordings, multimedia content, design elements, scripts, programs, software, other information, and any other content or works in which intellectual property rights may inhere is the property of Shuttershare or Our licensors. Shuttershare and Our licensors reserve all intellectual property rights, including but not limited to all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.

Nothing in this Agreement grants You any rights to any intellectual property belonging to Shuttershare or Our licensors other than as necessary to use Shuttershare's Services. You agree not to adjust, to try to circumvent, or to delete any intellectual property notices displayed be Shuttershare's Platform or Services, and in particular in any digital rights or other security technology embedded or contained within Shuttershare's Platform or Services. … and all related names, logos, product and service names, designs and slogans are trademarks of Shuttershare or its affiliates or licensors. You must not use such marks without the prior written permission of Shuttershare. All other names, logos, product and service names, designs and slogans are the trademarks of their respective owners.

Dispute Resolution, Arbitration, Choice of Law

Disputes Between Members

In the event of a dispute between two Members about an issue related to or arising out of their use of Shuttershare, its Platform, or its Services, the Members agree to notify Shuttershare, and work in good faith with Shuttershare and any other Members involved in the dispute to resolve it in a fair, equitable, and speedy manner. In any event, You release Shuttershare, its affiliates, subsidiaries, and their officers, directors, employees, and agents from any and all claims, demands, and damages (actual or consequential) of any kind arising out of or in any way connected to such a dispute between members, including any claims, demands, or damages arising out of or in any way connected to Shuttershare's good-faith attempts to assist the Members in resolving a dispute.

Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.

Disputes with Shuttershare

In the even that You believe You have a dispute with Shuttershare, You are encouraged to contact Shuttershare so that We can work with You in good faith to resolve the dispute in a fair, equitable, and speedy manner.

In the even that You and Shuttershare are unable to come to a mutually acceptable resolution to a dispute relating to the application, interpretation, implementation, or validity of this agreement, if both You and Shuttershare agree, the dispute may be resolved by by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. You and Shuttershare agree that the Canadian Arbitration Association Expedited Arbitration Rules provide a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Hamilton, Ontario and shall proceed in accordance with the provisions of the Arbitration Act, 1991, S.O. 1991, c. 17. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.,

Nothing in this section prevents any Member from commencing an action in the Superior Court of Justice.

Choice of Laws

This Agreement, and any dispute arising out of or in any way connected to this Agreement or your use of Shuttershare's Platform or Services, is subject to the laws of the Province of Ontario, and the laws of Canada applicable therein.

Disclaimer, Liability and Indemnification

Disclaimer

If You choose to use Shuttershare's Platform or Services, You do so voluntarily and at Your sole risk. Shuttershare's Platform and Services are provided “as is”, without warranty of any kind, either express or implied, except as required by applicable law.

You agree that You have had whatever opportunity You deem necessary to investigate Shuttershare's Services, laws, rules, or regulations that may be applicable to Your use of Shuttershare's services and that You are not relying upon any statement of law or fact made by Shuttershare relating to Our Services, and in particular, to any piece of Equipment.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Liability and Indemnification

You agree to release, defend (at Shuttershare's option), indemnify, and hold Shuttershare and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of this Agreement or any Shuttershare policy, (ii) Your improper use of Shuttershare's Platform or Services, (iii) your interaction with any Member, Borrowing, Lending or using any Equipment, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, Borrowing, Lending, or use, (iv) your breach of any laws, regulations or third party rights.