This Service Agreement (the "Agreement") is made and entered into as of 06/03/2022 (the "Effective Date"), by and between Apexiel, Inc. (the "Marketplace"), a Washington state corporation, and the user ("User") who agrees to use the Marketplace's services.
The Marketplace connects photographers with automotive event participants to book photography services. The Marketplace provides a platform for booking and payment processing, as well as photo delivery and storage.
Photographers shall be responsible for paying a commission to the Marketplace on the fees charged for their photography services. The Marketplace shall pay the photographers the fees collected from the motorsport event participants, net of the commission. The photographers shall be responsible for any taxes arising from their services.
Photographers retain ownership of the photos taken by them. However, by using the Marketplace, photographers grant to the Marketplace a non-exclusive, royalty-free, worldwide license to use the photos to provide the services. Automotive event participants may use the photos for personal purposes only, unless otherwise agreed with the photographers.
The Marketplace is not responsible for any damages or losses arising from the use of the Marketplace's services. Users agree to indemnify and hold the Marketplace harmless from any claims, damages, or liabilities arising from their use of the services.
The Marketplace reserves the right to terminate or suspend any user's access to the services at any time, with or without cause. Dispute Resolution:
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
Users shall not disclose any confidential information shared with the Marketplace.The Marketplace shall take reasonable measures to protect such information.
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
By using the Marketplace's services, users agree to be bound by the terms and conditions of this Agreement. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.