Selfier PRO T&C (photographers)
Selfier T&C (users)
Version 1.0 (08.2022)
Selfier Pro T&C (photographers)
Contractual relationship
Selfier provides a digital Application (“Selfier App”) that enables you to register and offer as an independent photographer (“Selfier Photographer”) your photography and/or photographic shooting services. These Terms and Conditions (“T&C”) govern your access or use of the Selfier App and any related content or services (collectively, the “Photographer Services” as more fully defined below in section “Photographer services”) made available by Selfier SA and its subsidiaries, representatives, affiliates, officers and directors (collectively, “Selfier”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE APP AND PHOTOGRAPHER SERVICES.
Your access and use of the App and Photographer Services constitutes your agreement to be bound by these T&C, which establish a contractual relationship between you and Selfier. If you do not agree to these T&C, you may not access or use the Photographer Services. These T&C expressly supersede and replace any prior agreements or arrangements between you or any Selfier Photographer you represent, on the one hand, and Selfier, on the other hand, with respect to the subject matter of these T&C, except that with respect to any photographer agreement between the Selfier Photographer you represent (as applicable) and Selfier, such agreement shall not be superseded or replaced by these T&C, and to the extent that such other agreement is inconsistent with these T&C, such other agreement will govern. Selfier may, at any time for any reason, without notice to you, cease offering you access to the Photographer Services or any portion thereof or deny you access to the Photographer Services or any portion thereof.
Supplemental terms may apply to certain Photographer Services, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these T&C for the purposes of the applicable Service(s). Supplemental terms shall prevail over these T&C in the event of a conflict with respect to the applicable Photographer Services.
Selfier may amend these T&C from time to time. Amendments will be effective upon Selfier’s posting of such updated T&C at this location. Your continued access or use of the Photographer Services after such posting constitutes your consent to be bound by the T&C, as amended.
Our collection and use of personal information in connection with the Photographer Services is as provided in Selfier’s Privacy Notice located at www.selfier.pro.
Photographer Services
With the Selfier App, Selfier provides you a technical mean
YOU ACKNOWLEDGE THAT YOUR ABILITY TO PROVIDE PHOTOGRAPHY AND/OR PHOTOGRAPHIC SHOOTING SERVICES IN CONNECTION WITH THE USE OF THE SELFIER APP AND SERVICES DOES NOT ESTABLISH SELFIER AS A PROVIDER OF PHOTOGRAPHY AND/OR PHOTOGRAPHIC SHOOTING SERVICES OR AS A PHOTOGRAPHER ITSELF.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO PROVIDE PHOTOGRAPHY AND/OR PHOTOGRAPHIC SHOOTING SERVICES IN CONNECTION WITH THE USE OF THE SELFIER APP AND SERVICES DOES NOT ESTABLISH A SUBORDINATE RELATIONSHIP BETWEEN YOU AND SELFIER AND THAT THROUGH THE USE OF PHOTOGRAPHER SERVICES YOU ARE NOT ACTUAL EMPLOYEE, AGENT, APPARENT AGENT OR OSTENSIBLE AGENT OF SELFIER IN ANY WAY.
IN RELATION TO THE USE OF PHOTOGRAPHER SERVICES, YOU ACKNOWLEDGE AND WARRANT THAT YOU ARE AN INDEPENDENT PHOTOGRAPHER.
SELFIER IS NOT A PHOTOGRAPHER AND/OR PHOTOGRAPHIC SHOOTING PROVIDER AND DOES NOT PHOTOGRAPH USERS.
THE PHOTOGRAPHER MUST DELETE ALL THE PHOTOS FROM HIS PERSONAL DEVICE(S) WITHIN 24 HOURS FROM THE END OF THE SHOOTING.
You shall be solely responsible for controlling the method, manner, and means of accomplishing the photography and/or photographic shooting services, as well as the result of photography and/or photographic shooting services (in particular, the Photographs) as uploaded in the Selfier App.
Remuneration
With respect to photography and/or photographic shooting services you provide to Users, your Remuneration will be owed directly to you, and Selfier will just collect payment from Users on your behalf as your limited payment collection agent.
You will also, where applicable, issue and send the User a receipt for the payment they have made. Selfier will not provide this service. You agree that you will not use Selfier’s, trademarks, service marks, or any similar names (“Selfier’s Marks”) and/or Selfier’s name on receipts.
The Remuneration level published on the Selfier App is not the responsibility of Selfier and is not imposed, set, suggested nor recommended by Selfier. You are the sole responsible to set prices for the photography and/or photographic shooting services you render using Photographer Services.
Selfier excludes all liability and is not involved in the resolution of disputes regarding compensation, prices, discounts, rebates or similar between you and Users relating to the Photographer Services.
Service fee
Any photography and/or photographic shooting service that is provided by you using the Photographer Services is subject to the service fee indicated at this location. The Service fee will include applicable taxes where required by law. The Service fee may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges.
For the avoidance of doubt, Selfier does not charge a fee for a Selfier Photographer to access the Selfier App, but retains the right to charge the Selfier Photographer a fee or any other charge for accessing Photographer Services made available through the Selfier App.
All Charges and payments will be enabled by Selfier using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Selfier may use a secondary payment method in your Account, if available. The Service fee paid by you is final and non-refundable, unless otherwise determined by Selfier.
Selfier will deduct the Service fee directly from the Remuneration you get from Users for the photography and/or photographic shooting services offered to Users.
Selfier reserves the right to establish or adjust the Service fee for any or all services obtained through the use of the Photographer Services at any time.
Copyright of the Selfier Photographer provided Content
Subject to these T&C, for any copyrightable picture, photograph and similar which is the exclusive result of your artistic skills and talents and has been produced by you personally as a result of photography and/or photographic shooting services (“Content”), you retain a worldwide, royalty-free copyright licence to use, sell or donate the Content.
These T&C don’t affect your right to transfer, for compensation or free of charge, the copyright in the Content to third parties, whether Users or others (including those not registered with the Selfier App).
License
Subject to your compliance with these T&C, Selfier grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Photographer Services. Any rights not expressly granted herein are reserved by Selfier (and its affiliates, as applicable) and Selfier’s licensors.
Restrictions
Unless these T&C provide otherwise, you may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Photographer Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Photographer Services except as expressly permitted by Selfier; (iii) decompile, reverse engineer or disassemble the Photographer Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Photographer Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Photographer Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Photographer Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Photographer Services or their related systems or networks.
Third-party services and Content
The Photographer Services may be made available or accessed in connection with third-party services and content (including advertising) that Selfier does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Selfier will not warn you that you have left the Photographer Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Photographer Services and are not controlled by Selfier. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Selfier does not endorse such third-party services and content and in no event shall Selfier be responsible or liable for any products or services of such third-party providers.
Ownership
The App and all rights therein are and shall remain Selfier’s property or the property of Selfier’s licensors. Neither these T&C nor your use of the Photograher Services convey or grant to you any rights in or related to the Photograher Services except for the limited license granted above.
You agree that you will not use Selfier’s Marks, without express, written permission from Selfier. This prohibition on using Selfier’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Access and Use of the Photographer Services
User Accounts
In order to use most aspects of the Selfier App, you must register for and maintain an active personal user account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Photographer Services. Account registration requires you to submit to Selfier certain personal information, such as your name, address, mobile phone number and age, as well as at least one account (e.g. bank account) where your Remuneration can be transferred. For more information regarding Selfier’s use of your personal information, please see our Privacy Policy currently available at www.selfier.pro.
You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and account information. Your failure to comply with these T&C (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Photographer Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Selfier in writing, you may only possess one Account.
Feedback
As Selfier respects your rights to your ideas, you agree that you will not submit any confidential ideas, information, or suggestions in any form to Selfier or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Selfier, without any compensation to you; (ii) Selfier has no obligation to review your submissions; (iii) Selfier may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Selfier has no obligation to keep your submissions confidential.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Photographer Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Photographer Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and Photographer Services and any updates thereto. Selfier does not guarantee that the Photographer Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Selfier App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimer
Selfier, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors and anyone on its behalf, assumes no liability or responsibility regarding the reliability, timeliness, quality, suitability or availability of the Photographer Services or goods requested through the use of the Photographer Services, or that the Photographer Services will be uninterrupted or error-free.
YOU AGREE THAT YOU ARE THE SOLE RESPONSIBLE FOR THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE PHOTOGRAPHY AND/OR PHOTOGRAPHIC SHOOTING SERVICES AND/OR THE PHOTOGRAPHS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF PHOTOGRAPHY AND/OR PHOTOGRAPHIC SHOOTING SERVICES PROVIDED TO USERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree that you are solely responsible for the purchase, deterioration and maintenance of production equipment (in particular photographic and shooting equipment). Selfier excludes all liability in this respect.
Selfier does not control, endorse or take responsibility for any Content and/or Photograph made available on or linked to the Selfier App by you.
Selfier cannot and does not represent or warrant that the Photographer Services or servers are free of viruses or other harmful components and contents.
Limitation of Liability
Selfier shall not be held liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Photographer Services, except in case of gross negligence of Selfier.
IN PARTICULAR, SELFIER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PHOTOGRAPHER SERVICES OR YOUR INABILITY TO ACCESS OR USE THE PHOTOGRAPHER SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER. SELFIER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SELFIER ‘S REASONABLE CONTROL.
SELFIER SHALL NOT BE LIABLE FOR YOUR UNLAWFUL OR MISCONDUCT. SELFIER SHALL FURTHER NOT BE HELD LIABLE IN CASE YOU MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
YOU ACKNOWLEDGE THAT YOU ARE NOT AN EMPLOYEE, OSTENSIBLE AGENT, APPARENT AGENT OR ACTUAL AGENT OF SELFIER.
Indemnity
You agree to indemnify and hold Selfier and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Photographer services obtained through your use of the Selfier App; (ii) your breach or violation of any of these T&C; (iii) Selfier’s use of your Content expressly allowed in these T&C; or (iv) your violation of the rights of any User or third party.
Severability
If any of the provisions of the T&C are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
Applicable Law and Jurisdiction
These T&C are subject to and governed by Swiss Law to the exclusion of Swiss International Private Law and any International Treaties. Any Selfier Photographer and Selfier agree to seek an amicable settlement prior to bringing any legal action.
All disputes arising from or under these T&C shall be resolved by the ordinary Courts of Lugano – Switzerland.
Selfier T&C (users)
Contractual relationship
Selfier provides a digital application (“Selfier App”) that enables you to find, request, or receive photography and/or photographic shooting services from third-party providers that meet your needs and interests. These Terms of Use (“Terms”) govern your access or use of the Selfier App and any related content or services (collectively, the “Services” as more fully defined below in Section 2) made available by Selfier SA [name of the company] and its subsidiaries, representatives, affiliates, officers and directors (collectively, “Selfier”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING AND USING THE APP AND SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Selfier. If you do not agree to these Terms, you may not access or use the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with Selfier or its subsidiaries regarding photography and/or photographic shooting services. To the extent (but only to the extent) any agreement you may have with Selfier regarding photography and/or photographic shooting services conflicts with these Terms, those agreements (and not these Terms) will prevail with respect to any disputes arising from you getting photography and/or photographic shooting services from photographers found via the Selfier App.
Selfier may, at any time for any reason, without notice to you, cease offering you access to the Services or any portion thereof or deny you access to the Services or any portion thereof.
Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in separate disclosures or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Selfier may amend these Terms from time to time. Amendments will be effective upon Selfier’s posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Selfier’s Privacy Policy located at www.selfier.pro [website page].
Services
Selfier operates the Selfier App that is accessed in a number of forms, including mobile and/or web-based applications. The Selfier App enables you to:
If not purchased before clicking the button “end shooting”, photographs, portraits, pictures and similar that are the result of the Services rendered by Third-Party Providers (“Photographs”) will be removed from the App and permanently deleted.
Unless otherwise agreed by Selfier in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN photography and/or photographic shooting services FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE SELFIER APP AND SERVICES DOES NOT ESTABLISH SELFIER AS A PROVIDER OF photography and/or photographic shooting services OR AS A PHOTOGRAPHER ITSELF.
SELFIER IS NOT A photographER and/or photographic shooting PROVIDER, DOES NOT PHOTOGRAPH YOU, AND USE OF THE SELFIER APP IS ONLY OPEN TO REGISTERED USERS OF THE SELFIER APP AND NOT TO THE GENERAL PUBLIC.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS, INCLUDING PHOTOGRAPHERS, ARE NOT ACTUAL EMPLOYEES, AGENTS, APPARENT AGENTS OR OSTENSIBLE AGENTS OF SELFIER IN ANY WAY
Purchase of Photographs
In case of use and payment of the Services, you will be able to access, in your user account, and purchase the Photographs that have been taken by the Third-Party Provider of your choice. The agreement and payment for the Photographs is solely between you and the Third-party Provider.
Payment for the Photographs constitutes the purchase of the Photographs. You thereby acquire a personal and unlimited right to use your Photographs for non-commercial purposes.
Right of publicity
Selfier shall not use photographs ordered by you or of you and uploaded to the App by Third-Party Providers (the “Photographs”), any adaptation of the Photographs, or any part of it, in any advertising, promotional or sales materials without your prior consent.
Selfier expressly refrains from disclosing, disseminating or otherwise using any Photographs.
License
Subject to your compliance with these Terms, Selfier grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. Any rights not expressly granted herein are reserved by Selfier (and its affiliates, as applicable) and Selfier’s licensors.
Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Selfier; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or their related systems or networks.
Third-Party Services and Content
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Selfier does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. Selfier will not warn you that you have left the Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the Services and are not controlled by Selfier. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Selfier does not endorse such third-party services and content and in no event shall Selfier be responsible or liable for any products or services of such third-party providers.
Ownership
The App and all rights therein are and shall remain Selfier’s property or the property of Selfier’s licensors. Neither these Terms nor your use of the App convey or grant to you any rights in or related to the App except for the limited license granted above.
You agree that you will not use Selfier’s trademarks, service marks, or any similar names, marks (“Selfier’s Marks”), aside from use incidental to your use of the App, without express, written permission from Selfier. This prohibition on using Selfier’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
Access and Use of the Services
User Accounts
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to Selfier certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Selfier. For more information regarding Selfier’s use of your personal information, please see our Privacy Policy currently available at www.selfier.pro [website page].
You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Selfier in writing, you may only possess one Account.
User Feedback
As Selfier respects your rights to your ideas, you agree that you will not submit any confidential ideas, information, or suggestions in any form to Selfier or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Selfier, without any compensation to you; (ii) Selfier has no obligation to review your submissions; (iii) Selfier may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Selfier has no obligation to keep your submissions confidential.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and Services and any updates thereto. Selfier does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the App and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from Selfier and/or from Third-Party Providers (“Charges”). Selfier will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls, and/or surcharges.
All Charges and payments will be enabled by Selfier using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Selfier may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Selfier.
As between you and Selfier, Selfier reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Selfier will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Selfier will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. In such cases, you retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider. Selfier will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. For services or goods rendered directly by Selfier, there also may be certain Charges you incur that will be owed and paid directly to Selfier or its affiliates. For the avoidance of doubt, Selfier does not charge a fee for a user to access the Selfier App, but retains the right to charge users a fee or any other Charge for accessing Services made available through the Selfier App.
The price of a Third-Party Provider’s service published on the Selfier App is not the responsibility of Selfier and is not imposed, set, suggested nor recommended by Selfier. The pricing of a Third-Party Provider’s service is the sole responsibility of the Third-Party Provider.
Selfier excludes all liability and is not involved in the resolution of disputes regarding compensation, prices, discounts, rebates or similar between users and Third-Party Providers relating to the use of the Services.
Disclaimer
Selfier, as well as its officers, directors, agents, joint ventures, employees, suppliers and advisors and anyone on its behalf, assumes no liability or responsibility regarding the reliability, timeliness, quality, suitability or availability of the Services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free.
SELFIER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
SELFIER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS INCLUDING PHOTOGRAPHERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL EMPLOYEES, AGENTS, APPARENT AGENTS OR OSTENSIBLE AGENTS OF SELFIER.
Selfier does not control, endorse or take responsibility for any user content or Third-party content available on or linked to by the Services.
Selfier cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components and contents.
Limitation of Liability
Selfier shall not be held liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, except in case of gross negligence of Selfier.
IN PARTICULAR, SELFIER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER. SELFIER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SELFIER ‘S REASONABLE CONTROL.
SELFIER SHALL NOT BE LIABLE FOR THE UNLAWFUL OR MISCONDUCT OF THIRD-PARTY PROVIDERS PROVIDING PHOTOGRAPHY OR PROTOGRAPHY SHOOTING SERVICES REQUESTED THROUGH SOME SELFIER SERVICES. SELFIER SHALL FURTHER NOT BE HELD LIABLE IN CASE THIRD-PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT EMPLOYEES, OSTENSIBLE AGENTS, APPARENT AGENTS OR ACTUAL AGENTS OF SELFIER.
The Services may be used by you to request, book and schedule photography and photographic shooting services with Third-Party Providers, but you agree that Selfier has no responsibility or liability to you related to any photography and photographic shooting services provided to or not provided to you by Third-Party Providers.
Indemnity
You agree to indemnify and hold Selfier and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Selfier’s use of your User content expressely allowed in these Terms; or (iv) your violation of the rights of any third party, including Third-Party Providers.
Severability
If any of the provisions of the Terms are deemed to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect.
Applicable Law and Jurisdiction
These Terms are subject to and governed by Swiss Law to the exclusion of Swiss International Private Law and any International Treaties. Any User and Selfier agree to seek an amicable settlement prior to bringing any legal action.
All disputes arising from or under these Terms shall be resolved by the ordinary Courts of Lugano – Switzerland.
