Welcome to GameShots! These Terms of Service ("Terms") govern your use of the GameShots platform (the "Platform" or "Service"), operated by GameShots LLC ("we," "us," or "our"). The Platform is a youth sports photography application for creating, sharing, and archiving digital media.
IMPORTANT: BY CREATING AN ACCOUNT, ACCESSING, OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.
NOTICE TO PARENTS AND GUARDIANS: This Platform involves photographs of minors. By creating an account or allowing your child's participation in activities photographed through the Platform, you agree to these Terms on behalf of yourself and your minor child.
1.1 Age Requirements
You must be at least 18 years old to create an account on the Platform. The Platform is not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
1.2 Account Creation
To use the Platform, you must:
1.3 Account Types
Team Members: Individuals who join teams to view, upload, and manage photographs. Team members can hire photographers, upload photos, tag players, and manage team albums. Team members are responsible for monthly storage subscription fees. When you opt in to a paid photographer booking, a proportional share of the storage used by the photographer's event uploads is counted toward your storage usage (see Section 3.6).
Photographers: Independent contractors who provide professional photography services through the Platform. Photographers must comply with the Independent Contractor Agreement and all applicable professional standards and laws.
1.4 One Account Per Person
You may not create more than one account or share your account with others. You are responsible for all activities that occur under your account.
2.1 For Team Members
The Platform allows team members to:
2.2 For Photographers
The Platform allows photographers to:
Photos uploaded by a photographer in connection with an accepted, paid booking are not counted against the photographer's personal storage quota. Instead, the storage for those photos is attributed proportionally to the participating, paid team members of that booking (see Section 3.6).
2.3 Shared Team Albums
IMPORTANT: All photographs uploaded to a team album (whether by photographers or team members) are visible to ALL members of that team. Team members can view, download, and share these photographs. By uploading a photo to a team album, you acknowledge and consent to this sharing.
3.1 Monthly Storage Fees
Team members are charged a monthly subscription fee for photograph storage. On iOS devices, subscriptions are processed through Apple's in-app purchase system (managed by RevenueCat). On other platforms, subscriptions are processed through Stripe. By subscribing, you authorize us or the applicable platform to charge your payment method on a recurring basis until you cancel. Fees are subject to change with 30 days notice.
3.2 Photographer Fees
Photographers set their own service fees. Payments for photography services flow directly from team members to photographers through our integrated payment processor (Stripe). GameShots deducts a $5 platform service fee per booking before transferring funds to photographers. When the booking cost is shared among multiple participating team members, the $5 fee is divided proportionally among all participating members. Team member participation and cancellation rules are detailed in the photographer service request process.
3.3 Payment Processing
All payments are processed through third-party payment processors. By providing payment information, you authorize us and our payment processors to charge your payment method. You are responsible for all fees charged to your payment method.
3.4 No Refunds
Monthly storage fees are non-refundable. Photographer service fees are subject to the cancellation policies described in the service request process and the Independent Contractor Agreement. Subscriptions processed through Apple's in-app purchase system are subject to Apple's refund policies.
3.5 Cancellation
You may cancel your monthly storage subscription at any time through your account settings (or through Apple's App Store settings for iOS subscriptions). Upon cancellation, you will have 30 days to download your photographs before they are permanently deleted. No refunds will be provided for the current billing period.
3.6 Event Photo Storage Attribution
When a photographer uploads photos to a team event album in connection with an accepted, paid booking, the storage consumed by those photos is not billed to the photographer. Instead, it is distributed proportionally and equally among all team members who (a) opted in to that booking and (b) whose booking payment was confirmed ("participating members").
Each participating member's share equals the total storage of the event photos divided by the number of participating members. This shared storage is counted toward each participating member's storage usage under their active subscription plan and is visible as "Shared Event Photos" in their storage breakdown.
If a participating member's total storage usage (personal uploads plus attributed event shares) exceeds their subscription plan's storage limit, they may be subject to the same over-quota policies that apply to personal storage. We recommend reviewing your storage usage regularly in your account settings.
Team members who did not opt in to a booking, or whose payment for that booking was not confirmed, will not have event photo storage attributed to their accounts.
3.7 Download Limits
The ability to download photographs to your device is subject to your subscription tier:
Download counts reset on the first day of each calendar month. Downloads do not roll over. GameShots reserves the right to adjust download limits with 30 days' notice.
4.1 Your Content
"User Content" means any photographs, tags, comments, or other content you upload, post, or transmit through the Platform.
4.2 License Grant
By uploading User Content, you grant GameShots a non-exclusive, worldwide, royalty-free license to store, display, and transmit your User Content solely for the purpose of providing the Platform services. We will not use your photographs for marketing, advertising, or any other purpose without your explicit consent.
4.3 Your Representations and Warranties
By uploading User Content, you represent and warrant that:
4.4 Prohibited Content
You may NOT upload content that:
4.5 Parental Consent for Photographs of Minors
CRITICAL REQUIREMENT: Before uploading any photograph containing a minor (anyone under 18), you MUST obtain written consent from the minor's parent or legal guardian. This consent must authorize:
You are solely responsible for obtaining and maintaining documentation of all parental consents. GameShots may request proof of consent at any time. Failure to provide proof may result in content removal and account termination.
4.6 Content Moderation
We reserve the right (but have no obligation) to review, monitor, or remove any User Content at our sole discretion. We do not pre-screen content before it is posted. You are responsible for your own content and for ensuring compliance with these Terms.
4.7 Reporting Violations
If you see content that violates these Terms or is inappropriate, please report it immediately to dugout@gameshots.app. We will investigate and take appropriate action.
5.1 Platform Ownership
GameShots owns all rights, title, and interest in the Platform, including all software, trademarks, logos, and design elements. You may not copy, modify, distribute, or create derivative works from the Platform without our written permission.
5.2 Photographer Copyright
Photographers retain copyright ownership of photographs they create. By uploading photographs to the Platform, photographers grant team members a license to use photographs for personal, non-commercial purposes.
5.3 Team Member Photographs
Team members who upload their own photographs retain copyright ownership. By uploading to a team album, you grant other team members a license to view, download, and use photographs for personal, non-commercial purposes.
5.4 Prohibited Uses
Photographs downloaded from the Platform may NOT be used for:
You agree NOT to:
Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your information.
Key Privacy Commitments:
8.1 Termination by You
You may terminate your account at any time by canceling your subscription and deleting your account through account settings. You will have 30 days to download your photographs before permanent deletion.
8.2 Termination by Us
We may suspend or terminate your account immediately, without notice, if:
8.3 Effect of Termination
Upon termination:
9.1 Platform Provided "As Is"
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that:
9.2 No Liability for User Content
GAMESHOTS IS NOT RESPONSIBLE FOR USER CONTENT. We do not pre-screen, monitor, or control content uploaded by users. You use the Platform and view User Content at your own risk. We are not liable for:
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAMESHOTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, UNAUTHORIZED ACCESS TO YOUR CONTENT, USER CONTENT OR CONDUCT OF OTHER USERS, OR DELETION OR LOSS OF CONTENT. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO GAMESHOTS IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
9.4 User Responsibility
YOU ARE SOLELY RESPONSIBLE FOR obtaining parental consent before uploading photographs of minors, ensuring your User Content complies with these Terms and applicable laws, how you use or share photographs downloaded from the Platform, and backing up important content.
You agree to indemnify, defend, and hold harmless GameShots, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:
11.1 Informal Resolution
Before filing a legal claim, you agree to contact us at dugout@gameshots.app to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.
11.2 Governing Law
These Terms are governed by the laws of the State of Nebraska, without regard to conflict of law principles.
11.3 Venue
Any legal action arising from these Terms or your use of the Platform must be brought in the state or federal courts located in Hall County, Nebraska. You consent to the exclusive jurisdiction of these courts.
11.4 Class Action Waiver
You agree to resolve disputes with GameShots on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.
12.1 Changes to Terms
We may modify these Terms at any time. When we make material changes, we will notify you via email or Platform notification. Continued use of the Platform after changes constitutes acceptance of the modified Terms.
12.2 Entire Agreement
These Terms, together with our Privacy Policy and Independent Contractor Agreement (for photographers), constitute the entire agreement between you and GameShots.
12.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
12.4 Waiver
Our failure to enforce any provision does not waive our right to enforce it later.
12.5 Assignment
You may not assign or transfer these Terms or your account without our consent. We may assign these Terms to any successor or affiliate.
12.6 Contact Information
GameShots LLC
132 Ponderosa Drive
Grand Island, NE 68803
Email: dugout@gameshots.app
ACKNOWLEDGMENT AND ACCEPTANCE
By creating an account, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
FOR PARENTS AND GUARDIANS: By allowing your minor child to participate in activities photographed through the Platform or by uploading photographs of your child, you agree to these Terms on behalf of your child and accept responsibility for their use of the Platform.