THE FOLLOWING DESCRIBES THE TERMS ON WHICH RED THREAD SESSIONS OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the Volunteer Agreement and Conditions of Use (this “Agreement”) for Red Thread Sessions (“RTS”). This Agreement describes the terms and conditions applicable to your volunteer services available under the domain and subdomains of www.redthreadsessions.com (the “Site”) and the general principles for the Site. If you access or use the services provided by the Site, you accept the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Site.
1. Volunteer Eligibility
1.1 You must read, agree with, and accept all of the terms and conditions contained in this Agreement and any other policy incorporated by reference herein, before you may become a volunteer for RTS.
1.2 Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended RTS volunteer services. If you are under the age of 18, you may use the Site only in conjunction with, and under the supervision of a parent or legal guardian.
2.1 General Volunteer Services: RTS does not charge a fee to access the Site or for volunteer services at this time.
3. Payments and Services
3.1 By using this Site and acting as Volunteers, Photographers agree to waive session fees for adoptive families and provide a set of proofs for adoptive families.
3.2 RTS may in its sole discretion modify some or all of its services at any time.
4. Binding Contract
4.1 Any purchase made by a buyer enters both the buyer and the seller into a legally binding contract (the “Purchase Contact”).
4.2 As a buyer, you are obligated to complete the transaction with the seller if you purchase an item through this Site. You agree to be bound by the conditions of sale included in the item’s description so long as those conditions are not in violation of any law or this Agreement.
4.3 As a seller, you are obligated to complete the transaction with the buyer when you receive verification that payment has been made by shipping the item to the buyer as directed by the shipping instructions for the item listed.
4.2 Red Thread Sessions is not a party to, nor bound in any manner by the Purchase Contract, and therefore, it cannot ensure that a buyer or seller consummates the Purchase Contract.
5. Listing and Selling
5.1 You must be reside in the United States and legally able to offer your services for hire on the Site. Your business must be legally registered and tax paying. Tax ID must be provided upon request.
5.2 You must describe your service(s) and all terms of your services on the listing page of the Site. The listings and descriptions may only include text, graphics, pictures, and other content relevant to your service(s).
5.3 You shall not manipulate the price of any item, nor interfere in any manner with another member’s listings or transactions.
5.4 RTS does not represent or warrant in any manner that services or other content provided by Photographers, or other members is accurate, complete, reliable, current, or error-free.
6. Comments, Communications, and Other Content
6.1 Volunteers and visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and that does not contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of spam.
6.2 You shall not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the identity of yourself or the origin of any content.
6.3 If you do use the Site, there is a risk that you will be dealing with underage persons, or people dealing under false pretenses, or that you may find other user’s information to be offensive, harmful, inaccurate, or deceptive. By using this Site, you agree to accept such risks and RTS is not responsible for the acts or omissions of users on the Site.
6.4 If you do post content or submit material, and unless otherwise indicated, you grant RTS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any manner.
6.45 By posting photographs on this site, you represent that you have obtained all necessary releases, licenses and any other authorizations required by law that would permit you to post the photographs on this Site and will provide them, upon request.
6.5 You represent and warrant that: you own or otherwise control all of the rights to content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; that your activities or content that you post will not violate any law, statute, ordinance, or regulation; and that you will not list any services on the Site or consummate any transaction that was initiated using the Site that could cause RTS to violate any law, statute, ordinance, or regulation.
6.6 RTS reserves the right, in its complete and utter discretion, but does not have the obligation to remove or edit any activity or content posted or submitted to the Site.
7.1 If you use this Site, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer.
7.2 You agree to accept responsibility for all activities that occur under your account.
8. Copyrights, Trademarks, and Patents
8.1 Copyrights: All content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of RTS or its content suppliers and is protected by United States copyright laws
8.2 Trademarks: “Red Thread Sessions” and other marks indicated on this Site are registered trademarks or trade dress of RTS, or its subsidiaries or affiliates. RTS’s trademarks and trade dress may not be used in connection with any product or service that is not RTS’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits RTS. All other trademarks or trade dress not owned by RTS, its subsidiaries, or affiliates that appear on this Site are the property of their respective owners.
8.3 Complaints: RTS and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims.
9. Termination or Suspension of Volunteer Account
9.1 Violation of Agreement: Without limiting any other remedies, RTS may terminate or suspend your account for a violation of or non-conformance with the terms and conditions of this Agreement or any policy that is incorporated by reference.
9.2 Financial Loss or Legal Liability: Without limiting any other remedies, RTS may terminate or suspend your account if it believes that your actions or content submitted to the Site may cause financial loss or legal liability to you, RTS users, or RTS, its subsidiaries, or affiliates.
9.2 Fraud: Without limiting any other remedies, RTS may terminate or suspend your account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of this Site.
10. Disclaimer of Warranties and Limitation of Liability
10.1 THIS SITE IS PROVIDED BY RTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. RTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
10.2 TO THE FULL EXTENT PERMISSIBLE BY LAW, RTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
10.3 RTS DOES NOT WARRANT THAT THE CONTENT PROVIDED BY THIRD PARTIES ON THIS SITE IS TRUE OR CORRECT OR THAT THE VOLUNTEER PHOTOGRAPHERS ARE WHO THEY REPRESENT THEMSELVES TO BE. USERS ARE THEREFORE ADVISED NOT TO SOLELY RELY ON INFORMATION POSTED ON THIS SITE. ALL USERS ARE ADVISED AND ENCOURAGED TO CONDUCT THEIR OWN DUE DILIGENCE AND OTHER INVESTIGATION INTO ANY VOLUNTEER PHOTOGRAPHER THAT THE USER CONDUCTS BUSINESS. SUCH INVESTIGATION MAY INCLUDE, BUT SHOULD NOT BE LIMITED TO, BACKGROUND CHECKS AS WELL AS REQUESTING AND VERIFYING REFERENCES.
10.3 IN NO EVENT SHALL RTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT.
10.4 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY BE ENTITLED TO ADDITIONAL RIGHTS.
By using this Site, you agree to indemnify and hold harmless RTS, its subsidiaries, affiliates, officers, directors, agents, and employees for any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your negligence or intentional acts, your breach of this Agreement or the policies or documents incorporated by reference herein, or your violation of any law or the rights of third parties in connection with the use of this Site.
If any term or condition of this Agreement or the policies or documents incorporated by reference are found to be invalid, void, or for any reason unenforceable by a court of competent jurisdiction, that portion will be deemed severed and will not affect the validity and enforceability of the remaining terms and conditions.
13. Notices and Disclosures
13.1 Any notices to RTS shall be sent by email to email@example.com.
13.2 Any notices to you shall be sent to the email address you provide to RTS during the registration process. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Governing Law
By using this Site, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, govern this Agreement and any dispute of any kind that might arise between you and RTS, its subsidiaries, or affiliates.
15. Resolution of Disputes
You agree that any claim, controversy, or dispute at law or in equity that arises out of this Agreement or services provided by RTS will be resolved by any court of competent jurisdiction in Waukesha County, the state of Wisconsin.
Section headings are for reference purposes only and in no way define, limit, or construe the scope or extent of such section.
17. Entire Agreement
This Agreement and the policies and documents incorporated by reference herein set forth the entirety of the terms, conditions, and agreements by and between you and RTS.