Hero & Creatives

Terms and Conditions

The following document outlines the terms of use of the Hero & Creatives (hereafter referred to as "Hero & Creatives", "H&C", "we", "us", or "our") website, an online platform that connects travelers who want to book guided photoshoots (collectively, the “Services”) offered by professional photographers.

You can also review our Privacy policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Hero & Creatives services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding.

1. Acceptance Of Terms

The web pages available at heroandcreatives.com and all linked pages (“Site”), are owned and operated by Hero & Creatives, Unipessoal Limitada (“Hero & Creatives”), a portuguese company, and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

In essence,

By using Hero & Creatives you agree to all the terms below.

2. Description Of Service

The Site is an online community for travelers and photographers to book and organize photo tours around the world, both online and from a mobile device.

Photographers can promote their work, participate in contests and promotions, and offer photo tour services on the Site (“Services”). Content (“Content”) includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. Travelers can book tours offered by the photographers and check all photographers’ portfolios in the site.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Hero & Creatives. Hero & Creatives reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Hero & Creatives may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.

In essence,

We develop a travel community and provide photography services to enjoy photo tours in any part of the world and we will develop more features and services in the future. At times things can go wrong and the service may be interrupted. Unlikely, sometimes things can go really wrong (but we will always make our best to avoid it).

How the Site and Services Work

The Site and Services can be used to facilitate the listing and booking of photoshoot tours around the city (“Photoshoots”). Such Photoshoots are included in Listings on the Site and Services by Photographers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Photoshoot or create a Photographer Portfolio, you must first register to create a Hero & Creatives Traveler Account (defined below) or a Photographer Account. To be able to create a Portfolio, we need to approve your talent and give you an exclusive access to show your work on our website. As stated above, Hero & Creatives makes available a platform or marketplace with related technology for Travelers and Photographers to meet online and arrange the bookings of Photoshoots. Hero & Creatives is not an employer of photographers, and H&C does not own, sell, resell photographs of the travelers. Hero & Creatives’ responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited 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 and services are intended to be used to facilitate the booking of photoshoots. Hero & Creatives cannot and does not control the content contained in any listings and the condition, legality or suitability of any photoshoots. H&C is not responsible for and disclaims any and all liability related to any and all listings and photoshoots.

Accordingly, any bookings will be made at the traveler’s own risk.

By signing up into the platform or attending to a gift photo-shoot with a photographer from our platform you agree with our terms & conditions.

In essence,

We develop a travel community and provide photography services to enjoy photo tours in any part of the world and we will develop more features and services in the future.

At times things can go wrong and the service may be interrupted. Unlikely, sometimes things can go really wrong (but we will always make our best to avoid it).

3. Registration

As a condition to using Services, you are required to open an account with Hero & Creatives and select a password and a username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Hero & Creatives account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Hero & Creatives account. Services are available only to individuals who are at least 18 years old. The Services are to be used by two types of users:

Photographers: we approve each of them before allowing them to publish a Portfolio and Tour services. If you are a photographer you can register and wait for our response and approval.

Travelers: After registering with the website you can book a photo tour. You have to select the city, and choose a photographer. Check the tour conditions and wait for the booking confirmation and payment processing.

In essence,

To fully use the services as a photographer you need to:

Create your own account, wait for our approval to become a photographer at Hero & Creatives, and complete your profile to make your portfolio and your tours information public.

To fully use the services as a traveler you need to:

Create your own account by completing required information at the registration.

User Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates. You acknowledge and agree that you, and not Hero & Creatives are entirely responsible for all Content that you post, or otherwise submit to the Site.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Hero & Creatives.

To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to Hero & Creatives at: support@heroandcreatives.com

Hero & Creatives reserves the right, but has no obligation, to monitor disputes between you and other users.








In essence,

We approve photographers by their talent and niceness.
However, we can not control people’s behavior. Be reasonable and responsible with the content you publish. Do not use pictures that you did not take. We do not accept/approve/ we are totally against copyright infringement. It is illegal and not cool. We only like and accept cool people to our platform.

Content Submitted Or Made Available For Inclusion On The Service

Please read this section carefully before posting, uploading, or otherwise submitting anyContent to the site. By submitting content to the site you are granting Hero & Creatives a worldwide, Non exclusive license to use the content and are guaranteeing and warranting to Hero & Creatives that the content is owned or duly licensed by you, and that Hero & Creatives is free to publish, distribute and use the content as hereinafter provided for without obtaining permission Or license from any third party. In consideration of Hero & Creatives’s agreement to allow you to post Content to the Site and Hero & Creatives’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Hero & Creatives as follows:

    You acknowledge that:
  • 1. By uploading your photographic works to Hero & Creatives you retain full rights to those works that you had prior to uploading.
  • 2. By posting Content to the Site you hereby grant Hero & Creatives a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site;
  • 3. The license granted to Hero & Creatives includes the right to use your Contentfully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Hero & Creatives by you;
  • 4. Hero & Creatives uses measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Hero & Creatives makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Hero & Creatives does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Content posted on the Site and you hereby expressly authorize Hero & Creatives to permit users and visitors to the Site to make such low resolution copies of your Content
  • Subject to the terms of the foregoing license, you retain full ownership orother rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
In essence,

We approve photographers by their talent and niceness (I don’t understand what you mean by this ‘niceness’, may be it is better to say conformity to our philosophy. There was already something about our philosophy).

However, we can not control people’s behavior. Be reasonable and responsible with the content you publish. Do not use pictures that you did not take. We do not accept/approve/ we are totally against copyright infringement. It is illegal and not cool. We only like and accept cool people to our platform.

    You guarantee and warrant that:
  • 1. You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
  • 2. You have the full and complete right to enter into this agreement and to grant to Hero & Creatives the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Hero & Creatives of the Content as contemplated herein;
  • 3. The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
  • 4. You shall not have any right to terminate the permissions granted herein, nor to seek,obtain, or enforce any injunctive or other equitable relief against Hero & Creatives, all of which such rights are hereby expressly and irrevocably waived by you in favour of Hero & Creatives.
In essence,

Your photos will preserve whatever copyright they had before uploading to this site. We will protect the copyright and will not sell your photos without your permission.

Fair Usage Photographers' Policy

Hero & Creatives maintains a fair usage policy to ensure stable and fast service to all users. Photographer accounts are limited to publish a maximum of 30 photographs/images in total (approximately 600Mb of storage) as a showcase of their work related with the tour they offer.

Any additional usage may result in restrictions on your uploading process.




In essence,

You have to choose the best 20-30 photographs that can fit most with the concept of Hero & Creatives photo tours. Our suggestion: Include at least some pictures of landscapes, of special architecture, of groups of friends, and do not forget to show the best portrait and couple photography you do. Your selection will make the travelers choose your tour or not. Carefully pick the images you upload!

Booking a Photoshoot. Payment and fees conditions

The fees displayed in each Portfolio are comprised of the Photoshoot Fees (defined below) andthe Traveler Fees (defined below.) Where applicable, Taxes may be charged in addition to the Photoshoot Fees and Traveler Fees. The Photoshoot Fees, the Traveler Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Traveler solely relating to a Photographer’s Photoshoot are the “Photoshoot Fees”. Please note that it is the Photographer and not Hero & Creatives which defines the Photoshoot Fees. The Photoshoot Fee may include a transportation fee (photographer’s car, in case the Photographer offers this feature), at the Photographer’s discretion.

Hero & Creatives charges a fee to Travelers based upon a percentage of applicable Photoshoot Fees which are the “Traveler Fees”. The Traveler Fees are added to the Photoshoot Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Portfolio. Hero & Creatives will collect the Total Fees at the time of booking confirmation (i.e. when the Photographer confirms the booking within 24 hours of the booking request) and will initiate payment of the Photoshoot Fees (less Hero & Creatives’s Photographer Fees (defined below)) to the Photographer within 24 hours of when the Traveler downloads the pictures from the applicable Photoshoot (except to the extent that a refund is due to the Traveler).

Appointment of Hero & Creatives as Payment Agent for Photographer

Each Photographer hereby appoints Hero & Creatives as the Photographer’s limited agent solely for the purpose of collecting payments made by Travelers on behalf of the Photographer. Each Photographer agrees that payment made by a Traveler to Hero & Creatives shall be considered the same as a payment made directly to the Photographer and the Photographer will make the Photoshoot available to Traveler in the agreed upon manner as if the Photographer has received the Photoshoot Fees. Each Photographer agrees that, Hero & Creatives may, in accordance with the cancellation policy selected by the Photographer and reflected in the relevant Portfolio, (i) permit the Traveler to cancel the booking and (ii) refund to the Traveler that portion of the Photoshoot Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Photographer, Hero & Creatives assumes no liability for any acts or omissions of the Photographer.

Service Fees

In consideration for providing the Services, Hero & Creatives collects service fees from Photographers and Travelers (“Service Fees”). Service Fees are made up of two (2) components:
(i) Traveler Fees and (ii) a fee that is charged to the Photographer based upon a percentage of the amount of the Photoshoot Fees (“Photographer Fees”). Traveler Fees are, as noted above, included in the Total Fees.

Balances will be remitted by Hero & Creatives to Photographers via check, PayPal, direct deposit or other payment methods described on the Site, in the Photographer’s currency of choice, depending upon the selections the Photographer makes via the Site and Services. Please note that for any payments by Hero & Creatives in currencies other than Euros (€), Hero & Creatives may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site.

Except as otherwise provided herein, Service Fees are non-refundable.

General Booking and Financial Terms

Cancellations, changes and Refunds If, as a Traveler, you cancel your requested booking before the requested photo tour booking is confirmed by a Photographer, Hero & Creatives 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 booking within a commercially reasonable time. If, as a Traveler, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Photoshoot, the cancellation policy of the Photographer contained in the applicable Portfolio will apply to such cancellation. Our ability to refund the Photoshoot 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.

If a Photographer cancels a confirmed booking made via the Site , (i) Hero & Creatives will refund the Total Fees for such booking to the applicable Traveler within a commercially reasonable time of the cancellation and (ii) the Traveler will receive an email or other communication from Hero & Creatives containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the Photographer associated with such alternative Portfolio confirms the Traveler’s requested booking, then the Traveler agrees to pay Hero & Creatives the Total Fees relating to the confirmed booking for the Photoshoot in the alternative Portfolio, in accordance with these Terms. If a Photographer cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Hero & Creatives, please contact Hero & Creatives at support@heroandcreatives.com.

Photo tour duration

Or basic service lasts 4 hours minimum. Upon mutual consent between the Traveler and the Photographer this duration can be altered.

Processing and Edition period

The Photographer will always send the work to Hero & Creatives within the next 14 days after the photo tour. We will send the link for downloading the images in .jpg format and high resolution, to the Traveler, who can enjoy, share, print and watch them over and over again.

Use of photographs from Photographers’ Services and Portfolios

The Portfolio License includes the right for Hero & Creatives to use screen resolution images and thumbnails of your Portfolio Images for display and promotional purposes on the Hero & Creatives Site, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your Hero & Creatives account credits.
Your Portfolio Images will be licensed to Customers by Hero & Creatives in accordance with the Hero & Creatives Traveler License in effect at the time the Customer (Traveler) purchases a tour with you and downloads the pictures you send to them after the photo tour. The Hero & Creatives Traveler License is available at: www.heroandcreatives.com/terms/traveler_license.pdf

Conflict resolution

The Traveler and the Photographer have the right to contact the website administration on any conflict resolution required e-mailing to support@heroandcreatives.com.

Removal of Portfolio Images

At any time you can remove your Portfolio Images from your profile automatically using the profile settings. In addition, Hero & Creatives may remove any Portfolio Images that it believes to be in breach of the Terms. In all cases copies of your Portfolio Images posted on any third party sites and used for promotional purposes shall be removed within a reasonable period of time following your removal request, however submitted. Except as otherwise provided for herein, the Portfolio License will exist for the period during which a Portfolio Image is posted on the Portfolio and will automatically terminate upon the removal of the Portfolio Image from your profile. Notwithstanding the foregoing, the Portfolio License will continue in respect of any Portfolio Images which were received after a tour purchase by Travelers/Customers prior to the removal of your Portfolio until fulfillment of such purchase requests.

Subject to the licenses granted to Hero & Creatives in these Terms you retain ownership of your Portfolio Images.

Photographer’s account Termination

You may terminate your Photographer account at any time in your sole discretion. Hero & Creatives may terminate your Photographer account at any time for any reason or no reason. All Portfolio Images remaining in your Photographer account will be removed by Hero & Creatives upon termination of your Photographer account.

In essence,

If you are using the Market to sell pictures taken in the tours you offer as a service for profit, you give us permission to deliver downloads. Your photos will be kept safe.

Traveler’s account Termination

You may terminate your Traveler account at any time in your sole discretion. Hero & Creatives may terminate your Traveler account at any time for any reason or no reason. All information remaining in your Traveler account will be removed by Hero & Creatives upon termination of your Traveler account.

In essence,

You can delete your traveler account at any time you wish, but we will miss you. Don’t stop being a hero traveler!

Copyright Complaints

Hero & Creatives respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Hero & Creatives will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

To notify Hero & Creatives of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of support@heroandcreatives.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Hero & Creatives to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Hero & Creatives with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at support@heroandcreatives.com. You must include in your counter notice sufficient information to enable Hero & Creatives to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

In essence,

We respect copyright. If something is wrong, please send an email with all the details to support@heroandcreatives.com.

Links

The Services may provide, or third parties may provide, links to other World Wide Websites or resources. Because Hero & Creatives has no control over such sites and resources, you acknowledge and agree that Hero & Creatives is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Hero & Creatives shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

In essence,

Some people may post links. We are not responsible for those links.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Hero & Creatives, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Hero & Creatives, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Hero & Creatives Username and password, (iv) the sale or use of your Portfolio Images, or (v) any violation of any rights of a third party.

In essence,

We are not liable if something goes really wrong. Always have a backup of your photos.

Trademarks

Hero & Creatives, Hero & Creatives.com and other Hero & Creatives graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Hero & Creatives. Hero & Creatives’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hero & Creatives. The images and icons available in the Hero & Creatives icon pack may used by partners and third party sites in connection with providing appropriate links to the Hero & Creatives Site.

In essence,

Please respect our trademarks and brands.

Termination

Hero & Creatives may terminate or suspend any and all Services and/or your Hero & Creatives account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Hero & Creatives account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Hero & Creatives will automatically remove all Content posted to your account.

In essence,

We may stop providing services at any time. You can stop using your account or close it at any time as well.

Change of terms

Hero & Creatives reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Hero & Creatives will notify you by posting an announcement on the site. What constitutes a material change will be determined at Hero & Creatives’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

In essence,

If these terms of use change, we will notify you.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Hero & Creatives in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Hero & Creatives shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Hero & Creatives’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Hero & Creatives may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of Portugal, as if made within Portugal between two residents thereof, and the parties submit to the exclusive jurisdiction of Portugal courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

In essence,

Things can happen — we are not responsible.

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