Terms of Service

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

 

IN PARTICULAR, PHOTOGRAPHERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO GET HIRED AS PHOTOGRAPHER TO PAYING TRAVELERS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, PHOTOGRAPHERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE ACCEPTING TO GET HIRED. CERTAIN TYPES OF SHORT-TERM HIRING MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOWHEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PHOTOGRAPHERS SHOULD REVIEW LOCAL LAWS BEFORE LISTING THEIR PROFILE ON TRAVOGRAPHER.

 

TERMS OF SERVICE

If you are using the Site, Application or Services and you reside in the India or outside India, you are contracting with Imagenious Pvt. Ltd.., with respect to use of the TravoGrapher Site, Application or Services with respect to any payments or payouts from or to you conducted through the Site, Application or Services. 

TravoGrapher provides an online platform that connects Photographers (who works as Free Lancer or works in a Professional Studios) with Travelers seeking to hire such Photographers (collectively, the "Services"), which Services are accessible at http://www.TravoGrapher.com and any other websites through which TravoGrapher makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application"). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and TravoGrapher. Please also read carefully our Privacy Policy at http://www.TravoGrapher.com/terms/privacy_policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

 

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PHOTOGRAPHERS MAY CREATE PORTFOLIO OF PHOTOS AND TRAVELERS MAY LEARN ABOUT AND HIRE PHOTOGRAPHERS. YOU UNDERSTAND AND AGREE THAT TRAVOGRAPHER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PHOTOGRAPHERS AND TRAVELERS, NOR IS TRAVOGRAPHER AN AGENT OR INSURER. TRAVOGRAPHER HAS NO CONTROL OVER THE CONDUCT OF PHOTOGRAPHERS, TRAVELERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY PHOTOGRAPHERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Key Terms

"TravoGrapher Content" means all Content that TravoGrapher makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

"Hiring Request Period" means the time period starting from the time when a Hiring is requested by a Traveler (as determined by TravoGrapher in its sole discretion), within which a Photographer may decide whether to confirm or reject that Hiring request, as stated on the Site, Application or Services. Different Hiring Request Periods may apply in different places.

"Collective Content" means Member Content and TravoGrapher Content. 

"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

"Traveler" means a Member who requests for Hiring of a Photographer via the Site, Application or Services.

"Photographer" means a Member who creates a Profile of photos via the Site, Application and Services.  
"Profile" means collection of Photos clicked by a Photographer who is available to get hired via the Site, Application, and Services.

"Member" means a person who completes TravoGrapher's account registration process, including but not limited to Photographers and Travelers, as described under "Account Registration" below.

"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their profile or Member profile to be made available through the Site, Application or Services. 

"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, fees (such as convention center fees) that Photographer may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.





Modification

TravoGrapher reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

 

Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

 

How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the hiring of Photographers through Profiles created by them. You may view Profiles as an unregistered visitor to the Site, Application and Services; however, if you wish to Hire a Photographer or create a Profile, you must first register to create a TravoGrapher Account (defined below).

As stated above, TravoGrapher makes available an online platform or marketplace with related technology for Travelers and Photographers to meet online and arrange for Hiring of Photographers directly with each other. Unless explicitly specified otherwise in the TravoGrapher platform, TravoGrapher's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Photographer for the purpose of accepting payments from Travelers on behalf of the Photographer.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PHOTOGRAPHERS AND TRAVELERS CONNECTING AND HIRING PHOTOGRAPHERS DIRECTLY WITH EACH OTHER. TRAVOGRAPHER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PHOTOGRAPHERS. TRAVOGRAPHER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PROFILES AND PHOTOGRAPHERS. ACCORDINGLY, ANY HIRING WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.

 

Account Registration

In order to access certain features of the Site and Application, and to Hire a Photographer or create a Profile, you must register to create an account ("TravoGrapher Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your TravoGrapher Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to TravoGrapher through the Site, Services or Application; or (ii) allowing TravoGrapher to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to TravoGrapher and/or grant TravoGrapher access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating TravoGrapher to pay any fees or making TravoGrapher subject to any usage limitations imposed by such third-party service providers. By granting TravoGrapher access to any Third-Party Accounts, you understand that TravoGrapher will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your TravoGrapher Account and TravoGrapher Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your TravoGrapher Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or TravoGrapher's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your TravoGrapher Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. TravoGrapher makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and TravoGrapher is not responsible for any SNS Content.

 

Your TravoGrapher Account and your TravoGrapher Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active TravoGrapher Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. TravoGrapher reserves the right to suspend or terminate your TravoGrapher Account and your access to the Site, Application and Services if you create more than one (1) TravoGrapher Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TravoGrapher Account, whether or not you have authorized such activities or actions. You will immediately notify TravoGrapher of any unauthorized use of your TravoGrapher Account.

 

Photographer Profiles

As a Member, you may create Profiles. To create a Profile, you will be asked a variety of questions about the photographer to be listed, including, but not limited to, the location, features of camera available, current profession, experience in photography, and availability and pricing and related rules and financial terms. In order to be featured in Profiles via the Site, Application and Services, all Photographers must be available on the dates mentioned by them and should have valid physical addresses. Profiles will be made publicly available via the Site, Application and Services. Other Members will be able to hire you via the Site, Application and Services based upon the information provided in Profiles. You understand and agree that once a Traveler requests for Hiring, you may not request the Traveler to pay a higher price than in the Hiring request.

You acknowledge and agree that you alone are responsible for any and all Profiles and Member Content you post. Accordingly, you represent and warrant that any Profile you post and the Hiring by a Traveler on the basis of Profiles you post (i) will not breach any agreements you have entered into with any third parties, such as employers or partnership agreements or any third party liability, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Photographer included in a Profile you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that TravoGrapher assumes no responsibility for a Photographer's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. TravoGrapher reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that TravoGrapher, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or TravoGrapher's then-current Policies and Community Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Photographer, you understand and agree that TravoGrapher does not act as an insurer or as your contracting agent. If a Traveler requests for Hiring of a Photographer and hires you, any agreement you enter into with such Traveler is between you and the Traveler and TravoGrapher is not a party to it. Notwithstanding the foregoing, TravoGrapher Payments serves as the limited authorized payment collection agent of the Photographer for the purpose of accepting, on behalf of the Photographer, payments from Travelers of such amounts stipulated by the Photographer (including cleaning or other fees and/or Taxes).

When you create a Profile, you may also choose to include certain requirements which must be met by the Members who are eligible to submit request to hire you as Photographer, such as requiring Members to have a profile picture or verified phone number. Any Member wishing to hire Photographers included in Profiles with such requirements must meet these requirements. 

If you are a Photographer, TravoGrapher makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or pre-approve for hiring you as Photographer. You acknowledge and agree that, as a Photographer, you are responsible for your own acts and omissions.

You agree that you alone are responsible for ensuring that your Profile is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Profile. All images, materials and content created by these photographers, including Verified Images, constitute TravoGrapher Content, regardless of whether you include them in your Profile. You agree that TravoGrapher may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Profile or otherwise, without further notice or compensation.

 

No Endorsement

TravoGrapher does not endorse any Member or any Photographer. You understand that Verified Images are intended only to indicate a photographic representation of the Photographer at the time the photograph was taken. Verified Images are therefore not an endorsement by TravoGrapher of any Member or any Photographer. Members are required by these Terms to provide accurate information, and although TravoGrapher may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.

Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by TravoGrapher about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to hire a Photographer or to accept a Hiring request from a Traveler, or to have any other interaction with any other Member. 

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from TravoGrapher with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Hiring or Profiles made by you. This limitation shall not apply to any claim by a Photographer against TravoGrapher regarding the remittance of payments received from a Traveler by TravoGrapher on behalf of a Photographer, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".

 

Hiring and Financial Terms

Key definitions

"Photographer Fees" means the amounts that are due and payable by a Traveler in exchange for the services of Photographer. The Photographer alone, and not TravoGrapher, is responsible for the Photographer Fees for his or her Profile. The Photographer may in his or her sole discretion decide to include in these amounts (i) an allowance fee or any other fee permitted on the TravoGrapher platform, or (ii) Taxes that the Photographer determines that he or she has to collect.

"Photographer Fees" means the fee that TravoGrapher charges a Photographer for the use of the Services, which is calculated as a percentage of the applicable Photographer Fees. The Photographer Fees will be displayed to the Photographer when the Photographer is asked whether to confirm or reject a Hiring request from a prospective Traveler. 

"Service Fees" means collectively the Traveler Fees and the Photographer Fees.

"Total Fees" means collectively the Photographer Fees and the Traveler Fees plus any Taxes.

 

Hiring and Financial Terms for Photographers and Travelers

If you are a Photographer and you receive a request for hiring as Photographer via the Site, Application or Services, you will be required to either confirm or reject the Hiring request within the Hiring Request Period; otherwise the Hiring request will automatically expire. When a Hiring is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Traveler who has requested the Hiring, (ii) a link to the Traveler's TravoGrapher Account profile page, (iii) if the Traveler and Photographer have both connected their TravoGrapher accounts to SNS, the names of any members of an SNS with whom you are "friends" or associated on the SNS if such individuals are also "friends" or associated with the Traveler on such SNS, and (iv) an indication of whether or not the Traveler has provided other information to TravoGrapher, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Hiring request within the Hiring Request Period, any amounts collected by TravoGrapher for the requested Hiring will be refunded to the applicable Traveler's credit card and any pre-authorization of such credit card will be released. When you confirm a Hiring requested by a Traveler, TravoGrapher will send you an email, text message or message via the Application confirming such Hiring, depending on the selections you make via the Site, Application and Services.

TravoGrapher Payments will collect the Total Fees at the time of Hiring confirmation (i.e. when the Photographer confirms the Hiring request) and will initiate payment of the Photographer Fees (less TravoGrapher's Photographer Fees and any Taxes in respect of the Photographer Fees, such as VAT in Europe) to the Photographer within 24 hours of when the Traveler arrives at the selected date and Photographer also fulfills his commitment (except to the extent that a refund is due to the Traveler). The time it takes for the Photographer to receive payouts may depend upon the payout method chosen by the Photographer. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Photographer, including by deducting their charges from the payout amount.

If you owe or agree to pay any amount via TravoGrapher Payments to TravoGrapher (whether as a result of your Hiring or actions as a Traveler or otherwise), then TravoGrapher Payments may (but is not obliged to) withhold the amount owing to TravoGrapher from any payout amounts due to you as a Photographer, and use the withheld amount to set-off the amount owed by you to TravoGrapher. If TravoGrapher Payments does so, then your obligation to pay TravoGrapher will be extinguished to the extent of the amount withheld by TravoGrapher Payments, and TravoGrapher will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have charge backs on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to TravoGrapher by you. Such communication may be made by TravoGrapher or by anyone on its behalf, including but not limited to a third party collection agent.

 

Appointment of TravoGrapher Payments as Limited Payment Collection Agent for Photographer

Each Photographer hereby appoints TravoGrapher as the Photographer's limited payment collection agent solely for the purpose of accepting the Photographer Fees from Travelers.

Each Photographer agrees that payment made by a Traveler through TravoGrapher, shall be considered the same as a payment made directly to the Photographer, and the Photographer will fulfill the request made by the Traveler in the agreed-upon manner as if the Photographer has received the Photographer Fees. Each Photographer agrees that TravoGrapher may, in accordance with the cancellation policy selected by the Photographer and reflected in the relevant Profile, (i) permit the Traveler to cancel the Hiring and (ii) refund (via TravoGrapher) to the Traveler that portion of the Photographer Fees specified in the applicable cancellation policy. Each Photographer understands that as TravoGrapher accepts payments from Travelers as the Photographer's limited payment collection agent and that TravoGrapher' obligation to pay the Photographer is subject to and conditional upon successful receipt of the associated payments from Travelers. TravoGrapher does not guarantee payments to Photographers for amounts that have not been successfully received by TravoGrapher from Travelers. In accepting appointment as the limited authorized agent of the Photographer, TravoGrapher assumes no liability for any acts or omissions of the Photographer.

Please note that TravoGrapher does not currently charge fees for the creation of Profiles. However, you as a Photographer acknowledge and agree that TravoGrapher reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Profiles. Please note that TravoGrapher will provide notice of any Profile fee collection via the Site, Application and Services, prior to implementing such a Profile fee feature.

 

Hiring and Financial Terms for Travelers

The Photographers, not TravoGrapher, are solely responsible for honoring any confirmed hiring and making available any Photographers reserved through the Site, Application and Services. If you, as a Traveler, choose to enter into a transaction with a Photographer for the Hiring, you agree and understand that you will be required to enter into an agreement with the Photographer and you agree to accept any terms, conditions, rules and restrictions associated with such Photographer. You acknowledge and agree that you, and not TravoGrapher, will be responsible for performing the obligations of any such agreements, that TravoGrapher is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TravoGrapher disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that TravoGrapher is not a party to the agreement between you and the Photographer, TravoGrapher acts as the Photographer's payment collection agent for the limited purpose of accepting payments from you on behalf of the Photographer. Upon your payment of the Total Fees to TravoGrapher, your payment obligation to the Photographer for the Photographer Fees is extinguished, and TravoGrapher is responsible for remitting the Photographer Fees (less the Photographer Fees and any Taxes in respect of the Photographer Fees, such as VAT in Europe), in the manner described in these Terms. In the event that TravoGrapher does not remit any such amounts as described in these Terms, such Photographer will have recourse only against such TravoGrapher entity.

The Total Fees payable will be displayed to a Traveler before the Traveler sends a Hiring request to a Photographer. As noted above, the Photographer is required to either confirm or reject the Hiring request within the Hiring Request Period; otherwise, the requested Hiring will be automatically cancelled. If a requested Hiring is cancelled (i.e. not confirmed by the applicable Photographer), any amounts collected by TravoGrapher will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler's credit card will be released, if applicable.

You as a Traveler agree to pay TravoGrapher for the Total Fees for any Hiring requested in connection with your TravoGrapher Account if such requested Hiring are confirmed by the applicable Photographer. In order to establish a Hiring pending the applicable Photographer's confirmation of your requested Hiring, you understand and agree that TravoGrapher, on behalf of the Photographer, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, TravoGrapher will collect the Total Fees due once TravoGrapher receives confirmation of your Hiring from the applicable Photographer; if necessary, Total Fees may instead be collected at a later point. Please note that TravoGrapher cannot control any fees that may be charged to a Traveler by his or her bank related to TravoGrapher's collection of the Total Fees, and TravoGrapher disclaims all liability in this regard.

In connection with your requested Hiring, you will be asked to provide customary billing information such as name, billing address and credit card information either to TravoGrapher or its third-party payment processor(s). You agree to pay TravoGrapher for any confirmed hiring made in connection with your TravoGrapher Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the hiring, either directly by TravoGrapher or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to TravoGrapher' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed hiring transaction is complete you will receive a confirmation email summarizing your confirmed hiring.

 

Service Fees

In consideration for the use of TravoGrapher's online marketplace and platform, TravoGrapher charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Photographer Fees and Traveler Fees. TravoGrapher deducts the Photographer Fees from the Photographer Fees before remitting the balance to the Photographer as described in these Terms. Traveler Fees are, as noted above, included in the Total Fees.

Balances will be remitted by TravoGrapher to Photographers via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Photographer's currency of choice, depending upon the selections the Photographer makes via the Site, Application and Services. Amounts may be rounded up or down as described the "Rounding Off" section below.

Please note that TravoGrapher, may impose or deduct foreign currency processing costs on or from any payments or payouts by TravoGrapher in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.TravoGrapher.com/help. Except as otherwise provided herein, Service Fees are non-refundable.

 

General Hiring and Financial Terms

Cancellations and Refunds

If, as a Traveler, you cancel requested Hiring before the requested hiring is confirmed by a Photographer, TravoGrapher will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested hiring within a commercially reasonable time. If, as a Traveler, you wish to cancel a confirmed hiring made via the Site, Application and Services, either prior to or after arriving, the cancellation policy of the Photographer contained in the applicable Profile will apply to such cancellation. Our ability to refund the Photographer Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Traveler Fee is non-refundable regardless of the cancellation policy selected by the Photographer.

 

If a Photographer cancels a confirmed hiring made via the Site, Services, and Application, (i) TravoGrapher will refund the Total Fees for such Hiring to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler will receive an email or other communication from TravoGrapher containing alternative Profiles and other related information. If the Traveler requests a hiring from one of the alternative Profiles and the Photographer associated with such alternative Profile confirms the Traveler's requested hiring, then the Traveler agrees to pay TravoGrapher the Total Fees relating to the confirmed Hiring of the Photographer in the alternative Profile, in accordance with these Terms. If a Photographer cancelled a confirmed hiring and you, as a Traveler, have not received an email or other communication from TravoGrapher, please contact TravoGrapher.

If, as a Photographer, you cancel a confirmed hiring, you agree that TravoGrapher may apply penalties or consequences to you or your Profile, including (i) publishing an automated review on your Profile indicating that a reservation was cancelled, (ii) keeping the calendar for your Profile unavailable or blocked for the dates of the cancelled hiring, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your TravoGrapher Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, TravoGrapher may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed hiring made via the Site, Application and Services. This may be for reasons set forth in TravoGrapher's Extenuating Circumstances policy or for any other reason. TravoGrapher may also determine, in its sole discretion, to refund to the Traveler part or all of the amounts charged to the Traveler in accordance with the Traveler Refund Policy. You agree that TravoGrapher and the relevant Traveler or Photographer will not have any liability for such cancellations or refunds.

If, as a Photographer, your Traveler cancels a confirmed hiring or TravoGrapher decides that it is necessary to cancel a confirmed hiring, and TravoGrapher issues a refund to the Traveler in accordance with the Traveler Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid TravoGrapher shall be entitled to recover the amount of any such Traveler refund from you, including by subtracting such refund amount out from any future Photographer Fees due to you.

 

Rounding Off

TravoGrapher may, in its sole discretion, round up or round down amounts that are payable from or to Travelers or Photographers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, TravoGrapher will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.

Some currencies are denominated in large numbers. In those cases, TravoGrapher may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for TravoGrapher to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

 

Payment Processing Errors

We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount. 

 

Foreign Currency

TravoGrapher's online platform facilitates hiring between Travelers and Photographers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the TravoGrapher platform allows users to view the price of Profiles in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.

 

Key definitions

"Display Currency" means the currency in which user’s views Profile prices on the TravoGrapher platform. Travelers may choose and change the Display Currency in order to view the pricing for a Profile in a number of different supported currencies. 

"Hiring Currency" means the currency in which a Traveler has to pay for his or her Hiring. At the time the Traveler submits a hiring request, the TravoGrapher platform will select the Hiring Currency, based on the Traveler's country of origin and the payment methods available for that country. TravoGrapher supports only a certain number of currencies as Hiring Currencies. The Hiring Currency for a Hiring may be different from the relevant Profile Currency.

"Profile Currency" means the currency in which a Profile's price is set. The Profile Currency is set by the Photographer.  
"Payout Currency" means the currency in which a Photographer's payout will be paid to the Photographer. The Payout Currency is set by the Photographer. 

"Base Exchange Rate" means a system-wide rate used by TravoGrapher for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by TravoGrapher. TravoGrapher establishes the Base Exchange Rate using data from one or more third parties such as OANDA (http://www.oanda.com).

"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by TravoGrapher for its holding costs and foreign currency risks.

 

Foreign currency conversions on the TravoGrapher platform

TravoGrapher will process a foreign currency conversion in the following situations:

When you as a Traveler submit a hiring request for a Photographer, you will be able to view the actual exchange rate used to calculate the Total Fees in the Hiring Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your Hiring.

TravoGrapher updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, TravoGrapher does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Hiring Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to TravoGrapher.

 

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TravoGrapher has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. TravoGrapher may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TravoGrapher or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of TravoGrapher, its users, or members of the public. You acknowledge that TravoGrapher has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. TravoGrapher reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TravoGrapher, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

Privacy

You agree that TravoGrapher's Privacy Policy (as may be updated from time to time) governs TravoGrapher's collection and use of your personal information.

 

Ownership

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the India and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of TravoGrapher and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.

 

Program.

 

Application License

Subject to your compliance with these Terms, TravoGrapher grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. TravoGrapher reserves all rights in the Application not expressly granted to you by these Terms.

 

TravoGrapher Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, TravoGrapher grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TravoGrapher Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TravoGrapher or its licensors, except for the licenses and rights expressly granted in these Terms.

 

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to TravoGrapher a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. TravoGrapher does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to TravoGrapher the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TravoGrapher's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TravoGrapher is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TravoGrapher of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of TravoGrapher used herein are trademarks or registered trademarks of TravoGrapher. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of TravoGrapher and you hereby irrevocably assign to TravoGrapher and agree to irrevocably assign to TravoGrapher all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At TravoGrapher's request and expense, you will execute documents and take such further acts as TravoGrapher may reasonably request to assist TravoGrapher to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

Copyright Policy

TravoGrapher respects copyright law and expects its users to do the same. It is TravoGrapher's policy to terminate in appropriate circumstances the TravoGrapher Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see TravoGrapher'sCopyright Policy for further information.

 

Suspension, Termination and TravoGrapher Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your TravoGrapher Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your TravoGrapher Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your TravoGrapher Account, your Member Content, or receive assistance from TravoGrapher Customer Service, (b) any pending or accepted future firing of Photographer as Traveler will be immediately terminated, (c) we may communicate to Travelers or Photographers that a potential or confirmed hiring has been cancelled, (d) we may refund your Travelers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Travelers to inform them about potential alternate Photographers that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or hiring (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your TravoGrapher Account. You may cancel your TravoGrapher Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your TravoGrapher Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.

 

Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRAVOGRAPHER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PHOTOGRAPHERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAVOGRAPHER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PROFILES OR ANY PHOTOGRAPHERS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRAVOGRAPHER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PROFILES, PHOTOGRAPHERS, TRAVELERS, YOUR ACCRUAL OF TRAVOGRAPHER TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVOGRAPHER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PHOTOGRAPHERS OR TRAVELERS. YOU UNDERSTAND THAT TRAVOGRAPHER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY PHOTOGRAPHERS. TRAVOGRAPHER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND PHOTOGRAPHERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRAVOGRAPHER. NOTWITHSTANDING TRAVOGRAPHER'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PHOTOGRAPHERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE PHOTOGRAPHERS, TRAVOGRAPHER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR PROFILE OR HIRING OF ANY PHOTOGRAPHERS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TRAVOGRAPHER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TRAVOGRAPHER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR PROFILE OR HIRING OF ANY PHOTOGRAPHER VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAVOGRAPHER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL TRAVOGRAPHER'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PROFILE OR HIRING OF ANY PHOTOGRAPHER VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY PHOTOGRAPHER OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR HIRING VIA THE SITE, APPLICATION AND SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PHOTOGRAPHER, THE AMOUNTS PAID BY TRAVOGRAPHER TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRAVOGRAPHER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to release, defend, indemnify, and hold TravoGrapher 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 (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) hiring of an Photographer, or (iii) creation of a Profile; (d) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a hiring of a Photographer; and (e) your participation in the Referral Program or your accrual of any TravoGrapher Travel Credits.

 

Reporting Misconduct

If you the Photographer hired by you, who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TravoGrapher by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

 

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between TravoGrapher and you regarding the Site, Application, Services, Collective Content, and any Hiring or Profiles of Photographers made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TravoGrapher and you regarding Hiring or Profiles of Photographers, the Site, Application, Services, and Collective Content.

 

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without TravoGrapher's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TravoGrapher may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TravoGrapher (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.