ShootMySurf

Terms of Use

Version 1.4 – Effective from 1.11.2025

1. Definitions

  • Account means a registered profile on ShootMySurf.com.
  • Customer means the person (surfer or other user) purchasing Content via ShootMySurf.com.
  • Content means photographs or videos available for purchase on the Platform.
  • Photographer means the person who owns the Content, has the right to sell the Content, and is selling via the Platform.
  • Platform means ShootMySurf.com, operated as a web marketplace accessible through any internet browser.
  • ShootMySurf, we, us, our means Shootmysurf s.r.o., Písečná 453/10, 18200 Prague, Czechia, Company ID (IČO): 23616725, the company operating the Platform.
  • User means any person or entity accessing or using the Platform, including Photographers and Customers.

2. Overview of the Platform

  1. ShootMySurf.com is a marketplace platform connecting Photographers and Customers (surfers or other users) who wish to purchase surf-related Content.
  2. Photographers can upload albums containing surf-related photos or videos for sale.
  3. Content displayed on the Platform is shown only as low-resolution previews with a visible watermark.
  4. Purchased Content is delivered to the Customer in original quality via secure cloud storage.
  5. ShootMySurf.com does not own or create the Content – all Content remains the property and responsibility of the Photographer.
  6. For each purchase of Content:
    • the Photographer is the legal seller of the Content;
    • the Photographer remains the copyright owner;
    • the Customer receives a licence to use the Content under these Terms.
  7. ShootMySurf acts as:
    • an operator of the online marketplace; and
    • an authorised payment agent for Photographers, collecting payments from Customers on their behalf and forwarding royalties to Photographers after deducting commission.

3. Acceptance of Terms

  1. By creating an Account or by using the Platform, you agree to these Terms.
  2. If you do not agree, you must not use the Platform.
  3. ShootMySurf may update these Terms from time to time. Material changes will be notified via the Platform. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

4. Accounts

  1. Registration is required for Photographers in order to upload and sell Content.
  2. Customers may purchase Content without registration. For purchases, only an email address and payment details are required.
  3. Creating an Account is recommended for Customers to track purchase history and access downloads at any time.
  4. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your Account.
  5. ShootMySurf.com reserves the right to suspend or terminate Accounts that breach these Terms or applicable law.
  6. Photographers must provide accurate and complete information in their Account, including:
    • full name;
    • country of residence;
    • valid email address;
    • payment details required for payouts (including IBAN or equivalent, account holder name, and account holder address).
  7. Photographers are responsible for keeping their Account information, including payout details, up to date. ShootMySurf is not liable for payouts sent to incorrect or outdated bank details provided by the Photographer.

5. Content Rules

  1. Content uploaded to the Platform must consist solely of surf-related photos or videos.
  2. Each album must include information about the shoot (location, date, time).
  3. Prohibited Content includes material that:
    • violates copyright, privacy, or publicity rights;
    • contains obscene, pornographic, defamatory, or illegal elements;
    • contains malware, spyware, or harmful code.
  4. ShootMySurf reserves the right to remove any Content at its sole discretion, including but not limited to cases where Content appears to infringe third-party rights or these Terms.
  5. Photographers are solely responsible for the Content they upload and sell.

6. Licenses

  1. By uploading Content, the Photographer grants ShootMySurf a non-exclusive licence to use the Content for:
    • displaying previews with watermark on the Platform;
    • technical processing and optimisation (e.g. resizing, compression, thumbnail generation);
    • promotion and marketing of the Platform (e.g. social media, website banners, email newsletters).
  2. Once a Customer purchases Content, the Photographer grants the Customer a non-exclusive, non-transferable, perpetual licence for private, non-commercial use only, unless otherwise explicitly agreed in writing between the Photographer and the Customer.
  3. Any commercial use of Content (including use in advertising, merchandise, resale, editorial licences, or brand campaigns) must be negotiated directly with the Photographer. ShootMySurf is not a party to such separate agreements.
  4. Customers may not resell, redistribute, or upload purchased Content to other platforms (including competing marketplaces) without the Photographer’s prior written consent.

7. Payments and Fees

  1. All prices and transactions on ShootMySurf.com are in euros (EUR).
  2. Customers pay via a third-party payment provider (e.g. Stripe). ShootMySurf does not store credit card details.
  3. Photographers set their own prices for Content, subject to any minimums or ranges that may be implemented on the Platform.
  4. Commission and revenue split:
    • ShootMySurf retains 20 % of each sale as commission;
    • the Photographer receives 80 % of each sale as royalty revenue.
  5. ShootMySurf acts as a payment agent:
    • Customers pay ShootMySurf (via Stripe) as an authorised payment agent of the Photographer;
    • ShootMySurf holds the funds temporarily;
    • ShootMySurf forwards the Photographer’s share (80 %) to the Photographer as a royalty payout, after deducting commission and applicable payment processing fees.
  6. Photographer payouts:
    • Payouts are processed on request, provided the requested amount (or available balance) is at least €40.
    • If a Photographer’s balance does not reach €40, ShootMySurf may process a payment of the remaining balance within a reasonable period (e.g. no later than 60 days after the last sale), or as otherwise communicated on the Platform.
    • All payouts are made via bank transfer to the Photographer’s designated account, using the payout details provided in the Photographer’s Account (including IBAN, account holder name and account holder address).
  7. Payout conditions and confirmations:
    • To request a payout, the Photographer must confirm (for example by ticking a checkbox in the payout form) that:
      • they are requesting payment of their royalty earnings for Content sold via ShootMySurf; and
      • all information provided in their profile, including payout details (IBAN, account holder name and account holder address), is true, accurate, and up to date.
    • By submitting a payout request, the Photographer acknowledges that the payout constitutes royalty income for their own tax and legal purposes.
  8. Verification and withholding:
    • ShootMySurf may verify payout information (including IBAN, account holder name and address) to prevent fraud and comply with legal or banking requirements.
    • ShootMySurf may withhold or delay payouts if:
      • payout or profile data is incomplete or appears incorrect;
      • there is suspicion of fraud or misuse of the Platform;
      • the Photographer appears to be in breach of these Terms or applicable law;
      • a bank, payment provider or authority requests a hold or further verification.
  9. VAT and tax status:
    • Currently, ShootMySurf is not VAT registered. Commission retained by ShootMySurf is therefore charged without VAT.
    • VAT/OSS obligations for ShootMySurf will apply only once the relevant EU thresholds are exceeded; if this occurs, ShootMySurf will update its practices and will apply VAT only to its own commission, where legally required.
    • Photographers who are not VAT-registered must receive payouts and issue any necessary documents (e.g. royalty confirmations) without VAT.
    • Photographers who are VAT-registered are solely responsible for determining and fulfilling their VAT obligations in their country of residence.
    • ShootMySurf does not provide tax or legal advice and is not responsible for Photographers’ or Customers’ tax obligations.
  10. Royalty receipts:
    • ShootMySurf may generate a Royalty Receipt or payout confirmation on behalf of the Photographer, documenting the amount paid as royalty income.
    • Such document is not a business invoice issued by ShootMySurf and does not require the Photographer to have a business licence or VAT registration. It is intended solely as supporting documentation for royalty payouts.

8. Photographer Warranties

  1. They are the sole owner of the uploaded Content and have full rights to sell it.
  2. The Content does not infringe copyright, privacy, publicity, or other rights of any third party.
  3. The Content complies with applicable EU law and the laws of the country where the photos were taken.
  4. Any recognisable individuals in the Content were photographed in locations where photography is legally permitted (e.g. public beaches), and the Photographer will cooperate in good faith if any person requests removal of photos in which they appear.
  5. They will comply with all applicable tax, social security, and reporting obligations arising from their royalty income.

9. User Responsibilities

  1. Copy, distribute, download, or otherwise use Content without purchase or beyond the licence granted.
  2. Use the Platform for unlawful, abusive, or fraudulent purposes.
  3. Attempt to hack, scrape, reverse engineer, or otherwise interfere with the Platform.
  4. Remove, modify, or circumvent any watermark, copyright notice, or technical protection measure.
  5. Misrepresent their identity, create fake Accounts, or misuse payout systems.

10. Storage Policy

  1. Purchased Content will be stored securely on cloud servers for a minimum of 60 days.
  2. Storage may be extended beyond 60 days if cloud capacity allows, but permanent storage is not guaranteed.
  3. Customers are encouraged to download and back up purchased Content promptly.
  4. The Platform is not intended for permanent storage – Photographers must retain their own backup copies of original files.

11. Intellectual Property

  1. All rights in uploaded Content remain with the Photographer.
  2. ShootMySurf owns all rights in the Platform itself (software, design, brand, logo, and other Platform content).
  3. Any unauthorised reproduction, exploitation, or distribution of Content or Platform elements is prohibited.

12. Liability and Indemnity

  1. ShootMySurf acts only as an intermediary marketplace and authorised payment agent. It is not responsible for:
    • the quality, accuracy, or legality of Content;
    • the conduct of Users;
    • disputes between Photographers and Customers.
  2. Users agree to indemnify and hold harmless ShootMySurf against any claims, damages, liabilities, costs, and expenses arising from:
    • their use of the Platform;
    • their Content;
    • their breach of these Terms or applicable law.
  3. To the extent permitted by law, ShootMySurf’s liability is limited to the amount of commission fee received by ShootMySurf for the disputed transaction.
  4. ShootMySurf is not liable for indirect, incidental, or consequential damages, including loss of data, profits, or reputation, or for technical failures of third parties (e.g. Stripe, cloud providers, hosting services).

13. Termination of Service

  1. ShootMySurf reserves the right to suspend or discontinue the Platform, or remove any Content, at any time without prior notice.
  2. ShootMySurf may suspend or terminate any Account that breaches these Terms or is involved in fraud, abuse, or illegal activity.

14. Privacy

Personal data is processed in accordance with ShootMySurf’s Privacy Policy, prepared in compliance with the GDPR and available on the Platform.

15. Governing Law and Jurisdiction

  1. These Terms are governed by the laws of the Czech Republic and applicable EU regulations.
  2. Any disputes will be resolved by the competent courts in the Czech Republic.

16. Entire Agreement

These Terms represent the entire agreement between ShootMySurf and Users with respect to the use of the Platform.