PREAMBLE
Welcome to Ch4pter.
These Terms of Service ("Terms") govern your access to and use of the Ch4pter Platform and constitute a legally binding agreement between you and Ch4pter, LLC ("Ch4pter," "we," "our," or "us").
Ch4pter operates a technology marketplace that enables independent service providers and clients to discover one another, communicate, schedule services, process payments, exchange information, and deliver completed work through a unified platform.
Ch4pter is not itself the provider of the photography or other independent services offered through the Marketplace unless expressly stated in a separate written agreement.
By accessing or using the Platform, creating an Account, browsing listings, requesting or accepting a Booking, uploading Content, making or receiving payments, or otherwise using any portion of the Platform, you agree to be legally bound by these Terms and every document incorporated into them.
If you do not agree to these Terms, you may not access or use the Platform.
ARTICLE 1 — DEFINITIONS
For purposes of these Terms:
1.1 Account
"Account" means a registered Ch4pter user account.
1.2 Booking
"Booking" means a transaction initiated through the Platform for photography or another eligible Marketplace service offered by an independent Service Provider.
1.3 Booking Amount
"Booking Amount" means the total amount charged by the Service Provider for the agreed Services before deductions for Marketplace Commissions or applicable taxes.
1.4 Booking Request
"Booking Request" means a request submitted through the Platform seeking to engage a Service Provider.
A Booking Request does not by itself create a binding Booking.
1.5 Ch4pter Content
"Ch4pter Content" means software, source code, databases, user interfaces, workflows, trademarks, branding, documentation, text, graphics, designs, layouts, algorithms, logos, visual elements, and other intellectual property owned or licensed by Ch4pter.
Ch4pter Content does not include User Content.
1.6 Client
"Client" means an individual or entity requesting, purchasing, or receiving Services through the Platform.
1.7 Content
"Content" includes:
- text;
- photographs;
- videos;
- graphics;
- files;
- audio;
- reviews;
- messages;
- metadata;
- documents;
- software;
- profile information; and
- any other information capable of being transmitted or stored by the Platform.
1.8 Deliverables
"Deliverables" means photographs, videos, galleries, digital files, prints, albums, or other creative work a Service Provider agrees to provide in connection with a Booking.
1.9 Deposit
"Deposit" means the initial payment collected for a Booking.
The amount of a Deposit does not independently determine whether it is refundable.
Refundability is governed by the applicable cancellation policy and Booking terms.
1.10 Gallery
"Gallery" means a digital collection of Deliverables or previews made available through the Platform.
1.11 Marketplace
"Marketplace" means the online technology platform operated by Ch4pter through which Clients and independent Service Providers discover one another, communicate, schedule services, process payments, and exchange Deliverables.
1.12 Marketplace Commission
"Marketplace Commission" means the percentage of a Booking Amount retained by Ch4pter in exchange for Marketplace access and Platform services.
1.13 Platform
"Platform" means all websites, applications, software, APIs, messaging systems, scheduling systems, payment systems, Gallery systems, cloud infrastructure, storage services, and related technology owned or operated by Ch4pter.
1.14 Privacy Policy
"Privacy Policy" means the then-current Ch4pter Privacy Policy incorporated into these Terms.
1.15 Service Provider
"Service Provider" means an independent individual or business offering eligible services through the Marketplace.
At launch, Service Providers consist of Photographers.
Ch4pter may expand eligible Marketplace categories in the future without requiring amendment of these Terms.
1.16 Supplemental Agreements
"Supplemental Agreements" include:
- Photographer Marketplace Agreement
- Client Marketplace Agreement
- Privacy Policy
- Booking-specific terms
- Promotional terms
- Subscription terms
- Community Guidelines
- Trust & Safety Policies
- other agreements expressly incorporated into these Terms
1.17 User
"User," "you," or "your" means any person or entity accessing or using the Platform.
1.18 User Content
"User Content" means any Content uploaded, submitted, stored, transmitted, published, or otherwise provided by a User.
ARTICLE 2 — ACCEPTANCE OF THESE TERMS
2.1 Binding Agreement
These Terms become legally binding when you:
- create an Account;
- click an acceptance button or checkbox;
- submit a Booking Request;
- accept a Booking;
- upload Content;
- send messages through the Platform;
- make or receive a payment;
- or otherwise access or use the Platform after being presented with these Terms.
2.2 Electronic Acceptance
You agree that electronic records, electronic signatures, electronic communications, and electronic acceptance satisfy any legal requirement that an agreement be in writing.
2.3 Supplemental Agreements
Certain Platform functionality is governed by additional agreements.
For example:
Photographers are additionally governed by the Photographer Marketplace Agreement.
Clients participating in Bookings are additionally governed by the Client Marketplace Agreement.
The Privacy Policy governs Ch4pter's collection and use of personal information.
2.4 Order of Precedence
If multiple Ch4pter agreements apply to the same subject, they will be interpreted in the following order:
- Booking-specific terms applicable to the transaction;
- Photographer Marketplace Agreement or Client Marketplace Agreement, as applicable;
- These Terms of Service;
- Other Platform policies.
No lower-priority document modifies a higher-priority agreement unless expressly stated.
2.5 Changes in Role
A User may simultaneously act as both a Client and a Service Provider.
When acting in each role, the applicable Supplemental Agreement governs that participation.
ARTICLE 3 — ELIGIBILITY
3.1 Minimum Age
You must be at least eighteen (18) years old or the age of legal majority where you reside, whichever is greater.
The Platform is not intended for children.
3.2 Legal Capacity
You represent that you possess the legal authority necessary to enter binding contracts.
3.3 Business Accounts
If you create or use an Account on behalf of a business, you represent that you possess authority to bind that business.
3.4 Compliance with Law
You may use the Platform only in compliance with applicable law and these Terms.
3.5 Prohibited Users
You may not use the Platform if:
- your Account has been permanently terminated;
- applicable law prohibits your use;
- you provide materially false identity information;
- or Ch4pter lawfully restricts your access.
ARTICLE 4 — ACCOUNTS AND SECURITY
4.1 Accurate Information
You agree to provide complete, accurate, and current information during registration and thereafter.
4.2 Account Security
You are responsible for safeguarding your password and Account credentials.
Except to the extent caused by Ch4pter's own conduct, you are responsible for activity occurring through your Account.
4.3 Unauthorized Access
You must promptly notify Ch4pter if you believe your Account has been compromised.
4.4 One Account Rule
Users may not create duplicate, deceptive, fraudulent, or impersonating Accounts.
Ch4pter may merge, suspend, or terminate duplicate Accounts.
4.5 Identity Verification
Ch4pter may require identity verification, tax information, business verification, payment verification, or other documentation.
Verification does not constitute a guarantee of any User's honesty, qualifications, safety, or legal compliance.
4.6 Account Ownership
Accounts are licensed for use and remain part of the Platform.
Users may not sell, assign, rent, transfer, or sublicense Accounts without Ch4pter's written consent.
ARTICLE 5 — NATURE OF THE PLATFORM
5.1 Technology Marketplace
Ch4pter is a technology company.
The Platform enables independent parties to discover one another, communicate, arrange services, process payments, and exchange Deliverables.
5.2 Ch4pter Is Not the Service Provider
Unless expressly stated otherwise in a separate written agreement, Ch4pter:
- does not perform photography services;
- does not employ Photographers;
- does not supervise artistic performance;
- does not control creative decisions;
- does not guarantee the quality of Services;
- does not become a party to the underlying photography contract.
5.3 Independent Businesses
Service Providers operate independent businesses.
Nothing contained in these Terms creates:
- employment;
- agency;
- partnership;
- joint venture;
- franchise;
- fiduciary relationship;
- or similar legal relationship between Ch4pter and a User.
5.4 No Authority
No User may represent that Ch4pter has authorized, endorsed, guaranteed, supervised, or approved a particular Photographer, Client, Service, or Booking except where expressly stated by Ch4pter.
5.5 Marketplace Administration
To maintain the integrity of the Platform, Ch4pter may establish operational rules governing:
- Bookings;
- Deposits;
- cancellations;
- payments;
- Galleries;
- messaging;
- reviews;
- search rankings;
- account standing;
- Marketplace visibility;
- fraud prevention;
- Trust & Safety;
- technical standards; and
- Platform security.
Administration of the Marketplace does not make Ch4pter the provider of the underlying Services.
ARTICLE 6 — BOOKINGS, MARKETPLACE TRANSACTIONS, AND BOOKING FORMATION
6.1 Booking Requests
A Client may submit a Booking Request through the Platform.
A Booking Request is an invitation to enter into a transaction and does not, by itself, create a binding Booking.
6.2 Booking Formation
A Booking becomes binding only when the conditions established by the applicable Platform workflow have been satisfied.
Depending upon Platform functionality, Booking formation may include:
- confirmation of Photographer availability;
- Client payment of the required Deposit;
- Photographer acceptance;
- automatic acceptance under disclosed Marketplace rules;
- payment authorization;
- or another clearly disclosed confirmation event.
Once formed, the Booking becomes subject to these Terms, the applicable Marketplace Agreements, the recorded Booking details, and the selected cancellation policy.
6.3 Booking Information
Each Booking may include, among other things:
- the identity of the Client;
- the identity of the Photographer;
- date and time;
- location;
- Booking Amount;
- Deposit percentage;
- selected cancellation policy;
- expected Deliverables;
- turnaround expectations;
- travel terms;
- usage rights where applicable;
- and other transaction-specific terms.
6.4 Responsibility for Reviewing Terms
Before confirming a Booking, each party is responsible for reviewing all material Booking details.
Failure to review Booking details does not invalidate a properly formed Booking.
6.5 Booking Modifications
Material modifications should be made through the Platform whenever reasonably practicable.
Changes communicated solely through private conversations may not modify the Platform record unless subsequently reflected through supported Platform functionality or otherwise acknowledged by Ch4pter.
6.6 Consultations
The Platform may permit consultations before a Booking is accepted.
Consultations exist to clarify:
- creative direction;
- scheduling;
- logistics;
- accessibility needs;
- locations;
- expectations;
- Deliverables;
- pricing;
- or other Booking details.
A consultation does not independently modify the final Booking unless incorporated into the Booking record.
6.7 Booking Availability
Ch4pter does not guarantee that a requested Photographer, date, location, or service will remain available until a Booking has been formed.
ARTICLE 7 — PAYMENTS, MARKETPLACE COMMISSIONS, DEPOSITS, AND PAYOUTS
7.1 Payment Processing
Payments made through the Platform are processed by one or more third-party Payment Providers selected by Ch4pter.
Users may be required to maintain eligible payment accounts and agree to the Payment Provider's separate terms and conditions.
7.2 Authorization
By initiating a transaction through the Platform, Users authorize Ch4pter and its Payment Providers to:
- collect payments;
- receive payments;
- transfer funds;
- issue refunds;
- process reversals;
- deduct Marketplace Commissions;
- hold funds where authorized;
- resolve payment errors;
- administer chargebacks;
- and otherwise facilitate Marketplace transactions.
7.3 Photographer Pricing
Photographers independently establish the prices charged for their Services.
Except where prohibited by law or Platform rules, Ch4pter does not dictate Photographer pricing.
7.4 Marketplace Commission
For each completed Marketplace Booking, Ch4pter retains the applicable Marketplace Commission.
Unless otherwise expressly stated:
- Standard Photographer Accounts are subject to a fifteen percent (15%) Marketplace Commission.
- Eligible Founding Photographer Accounts are subject to a twelve percent (12%) Marketplace Commission in accordance with the Photographer Marketplace Agreement.
7.5 All-In Marketplace Commission
Unless expressly disclosed otherwise, the Marketplace Commission includes ordinary payment-processing costs incurred by Ch4pter for Marketplace transactions.
No separate Client Marketplace service fee is charged at launch unless clearly disclosed before the Booking is confirmed.
7.6 Deposits
Eligible Photographers may require a Deposit equal to:
- ten percent (10%);
- twenty-five percent (25%);
- or fifty percent (50%)
of the Booking Amount.
Where a Photographer does not affirmatively choose a Deposit percentage, the Platform may apply a default Deposit of fifty percent (50%).
7.7 Deposits Do Not Determine Refundability
The amount collected as a Deposit does not independently determine whether that amount is refundable.
Refunds are governed by:
- the selected cancellation policy;
- the applicable Marketplace Agreement;
- these Terms;
- Booking-specific terms;
- and applicable law.
7.8 Payment Timing
Payments may be:
- authorized;
- captured;
- held;
- released;
- transferred;
- delayed;
- or otherwise administered
as reasonably necessary to facilitate the Marketplace and reduce fraud.
7.9 Photographer Payouts
Photographer payouts may depend upon:
- payment clearance;
- Booking completion;
- dispute periods;
- fraud review;
- Payment Provider requirements;
- identity verification;
- tax verification;
- or other legitimate Marketplace administration requirements.
7.10 Refunds and Payment Adjustments
Users authorize Ch4pter to facilitate refunds, reversals, credits, deductions, or payment adjustments arising from:
- Photographer cancellation;
- Photographer no-show;
- fraud;
- duplicate charges;
- payment error;
- chargebacks;
- material nonperformance;
- mutual agreement;
- cancellation policy administration;
- legal requirements;
- or other legitimate Marketplace circumstances.
7.11 Chargebacks
Users agree to cooperate in good faith with investigations concerning payment disputes.
A Photographer whose conduct results in a valid chargeback may be responsible for associated losses to the extent permitted by law.
Nothing in these Terms limits a User's lawful rights to dispute unauthorized charges with a financial institution.
7.12 Taxes
Each User remains solely responsible for determining, reporting, collecting, remitting, and paying taxes applicable to that User's business or transactions except where Ch4pter or a Payment Provider is legally required to collect, withhold, remit, or report taxes.
7.13 Off-Platform Circumvention
Users may not use the Platform primarily to identify one another and then intentionally move the resulting transaction outside the Platform for the purpose of avoiding:
- Marketplace Commissions;
- payment processing;
- Marketplace protections;
- Platform records;
- dispute procedures;
- fraud prevention measures;
- or other Marketplace rules.
This provision does not prohibit lawful business relationships independently established outside the Platform without use of Ch4pter's Marketplace.
ARTICLE 8 — CANCELLATIONS, RESCHEDULING, AND REFUNDS
8.1 Standardized Cancellation Policies
Ch4pter provides standardized cancellation policies to create predictable expectations for Marketplace participants.
Eligible policies include:
- Flexible;
- Moderate;
- Firm.
Unless another policy is selected, the Moderate policy applies by default.
8.2 Cancellation Policy Selection
The Photographer selects the applicable cancellation policy before a Booking is confirmed.
The selected policy is disclosed to the Client before payment.
8.3 Policy Lock
Once a Booking has been confirmed, the applicable cancellation policy for that Booking cannot be changed retroactively to become less favorable to the Client.
8.4 Flexible Policy
Unless otherwise disclosed:
- cancellation at least seven (7) days before the session qualifies for a full refund;
- cancellation within seven (7) days may result in forfeiture of the Deposit;
- one reschedule may be permitted with at least forty-eight (48) hours' notice, subject to Photographer availability.
8.5 Moderate Policy
Unless otherwise disclosed:
- cancellation at least fourteen (14) days before the session qualifies for a full refund;
- cancellation seven (7) through thirteen (13) days before the session qualifies for a refund of fifty percent (50%) of the Deposit;
- cancellation within seven (7) days may result in forfeiture of the Deposit.
8.6 Firm Policy
Unless otherwise disclosed:
- cancellation at least thirty (30) days before the session qualifies for return of the Deposit;
- cancellation fourteen (14) through twenty-nine (29) days before the session qualifies for return of fifty percent (50%) of the Deposit;
- cancellation within fourteen (14) days may result in forfeiture of the Deposit.
8.7 Mandatory Refund Overrides
Regardless of the selected cancellation policy, Ch4pter may facilitate full or partial refunds where appropriate for:
- Photographer cancellation;
- Photographer no-show;
- duplicate payments;
- fraud;
- payment error;
- material nonperformance;
- failure to deliver promised Deliverables;
- mutual agreement;
- extraordinary circumstances;
- legal requirements;
- or Trust & Safety concerns.
8.8 Extraordinary Circumstances
Events beyond the reasonable control of either party—including severe weather, natural disasters, government actions, medical emergencies, venue closures, or similar events—may justify rescheduling, credits, partial refunds, full refunds, or another equitable resolution.
8.9 Subjective Artistic Preference
A Client's subjective dissatisfaction with artistic style alone does not create an automatic right to a refund where the Photographer has materially performed the agreed Services consistent with the Photographer's represented portfolio, style, and Booking terms.
8.10 Ch4pter Administration
Ch4pter may administer cancellations, refunds, credits, or payment adjustments in good faith where reasonably necessary to maintain Marketplace integrity, comply with applicable law, prevent fraud, or protect Users.
ARTICLE 9 — SUBSCRIPTIONS, STORAGE, AND PAID FEATURES
9.1 Subscription Plans
Ch4pter may offer free and paid subscription plans providing additional Platform functionality.
Subscription plans may include, among other things:
- increased Gallery storage;
- additional cloud storage;
- enhanced profile customization;
- expanded scheduling functionality;
- advanced messaging tools;
- business analytics;
- client management tools;
- marketing features;
- priority support;
- premium Marketplace visibility;
- or other Platform features.
Availability of specific features may change over time.
9.2 Subscription Disclosure
Before charging a recurring subscription, Ch4pter will disclose the material terms of the subscription, including:
- price;
- billing frequency;
- included features;
- renewal terms;
- cancellation procedures;
- and any significant usage limitations.
9.3 Automatic Renewal
Unless otherwise disclosed, subscriptions automatically renew at the end of each billing cycle until cancelled.
By purchasing a recurring subscription, you authorize Ch4pter or its Payment Provider to charge the applicable payment method for each renewal period.
9.4 Subscription Cancellation
Users may cancel recurring subscriptions through the methods provided by the Platform.
Cancellation generally prevents future renewal charges but does not entitle the User to a refund for the current billing period unless otherwise required by law or expressly stated by Ch4pter.
9.5 Subscription Changes
Ch4pter may modify subscription pricing, features, storage limits, or usage allowances.
Material changes will be communicated before becoming effective where required by applicable law.
Changes will not retroactively alter a subscription period that has already been paid.
9.6 Founding Photographer Benefits
Eligible Founding Photographer Accounts receive the benefits described in the Photographer Marketplace Agreement, including:
- a permanent twelve percent (12%) Marketplace Commission while the qualifying Account remains open and in good standing;
- complimentary access to Ch4pter's highest generally available standard self-service Photographer subscription tier;
- automatic upgrades to future highest standard subscription tiers introduced by Ch4pter.
Founding Photographer benefits do not include enterprise plans, custom contracts, separately negotiated pricing, advertising purchases, print services, custom development, API licensing, or other excluded services described in the Photographer Marketplace Agreement.
9.7 Storage
Gallery storage limits, bandwidth allowances, file-size limits, archival retention periods, download limits, or similar technical limitations may vary according to subscription plan.
9.8 Additional Paid Services
Ch4pter may offer additional optional services, including but not limited to:
- advertising;
- promoted listings;
- additional storage;
- print fulfillment;
- educational content;
- artificial intelligence features;
- workflow automation;
- integrations;
- or other Marketplace services.
Such services are governed by any additional terms applicable to those offerings.
ARTICLE 10 — GALLERIES, FILE STORAGE, AND DELIVERABLES
10.1 Gallery System
The Platform may provide digital Gallery functionality enabling Service Providers to upload, organize, preview, manage, share, and deliver Deliverables.
10.2 Watermarked Previews
Prior to final payment, the Platform may display:
- watermarked images;
- reduced-resolution files;
- protected previews;
- limited-access Galleries;
- or other restricted versions of Deliverables.
10.3 Final Delivery
Where applicable, access to unrestricted Deliverables may depend upon:
- payment of the remaining Booking balance;
- Photographer release of Deliverables;
- completion of Booking requirements;
- or other disclosed transaction conditions.
10.4 Photographer Responsibility
Photographers remain responsible for:
- uploading correct files;
- maintaining backup copies;
- ensuring timely delivery;
- and providing Deliverables consistent with the Booking.
Unless expressly offered as an archival service, Ch4pter should not be considered the sole permanent repository of original files.
10.5 Client Responsibility
Clients should promptly download and preserve Deliverables made available through the Platform.
Ch4pter does not guarantee indefinite availability of downloaded files after applicable retention periods expire.
10.6 Storage Limitations
Ch4pter may establish reasonable limits concerning:
- Gallery storage;
- cloud storage;
- file sizes;
- file formats;
- bandwidth usage;
- download frequency;
- retention periods;
- and archival availability.
Such limits may differ between subscription tiers.
10.7 File Integrity
Although Ch4pter uses commercially reasonable measures to preserve stored files, Ch4pter does not guarantee that files will never become unavailable due to:
- technical failure;
- corruption;
- transmission error;
- cyberattack;
- third-party provider failure;
- force majeure;
- or other events beyond Ch4pter's reasonable control.
10.8 Delivery Verification
To improve Marketplace integrity, Ch4pter may use objective system information, including:
- upload timestamps;
- file counts;
- Gallery status;
- metadata;
- delivery dates;
- download history;
- and related technical records
to identify potential issues involving incomplete or delayed delivery.
Automated indicators alone do not establish misconduct.
ARTICLE 11 — USER CONTENT
11.1 Ownership
Users retain ownership of User Content they own.
Nothing contained in these Terms transfers ownership of User Content to Ch4pter.
11.2 License to Ch4pter
By uploading or submitting User Content, you grant Ch4pter a worldwide, non-exclusive, royalty-free, sublicensable license to:
- host;
- store;
- reproduce;
- display;
- transmit;
- distribute;
- resize;
- transcode;
- process;
- adapt for technical purposes;
- and otherwise use User Content
as reasonably necessary to:
- operate the Platform;
- display profiles;
- facilitate Bookings;
- provide Galleries;
- deliver Deliverables;
- maintain backups;
- investigate disputes;
- prevent fraud;
- improve Platform functionality;
- comply with legal obligations;
- and enforce these Terms.
This license does not transfer ownership of your copyright.
11.3 Promotional Use
Uploading photographs to private Client Galleries does not, by itself, authorize Ch4pter to use those photographs for advertising or marketing.
Broader promotional use requires:
- applicable permission;
- participation in an opt-in promotional program;
- another applicable license;
- or another lawful basis.
11.4 User Representations
By uploading User Content, you represent and warrant that:
- you own or possess the necessary rights;
- your Content does not infringe third-party rights;
- your Content complies with applicable law;
- you possess any necessary model or property releases;
- and your submission authorizes Ch4pter's permitted use under these Terms.
11.5 Feedback
Suggestions, feature requests, recommendations, ideas, or other voluntary feedback provided to Ch4pter may be used by Ch4pter without compensation or attribution unless otherwise agreed in writing.
11.6 Removal
Ch4pter may remove, restrict, disable, preserve, or decline to publish User Content that:
- violates these Terms;
- violates applicable law;
- infringes intellectual property;
- presents security concerns;
- contains malware;
- is fraudulent or deceptive;
- or otherwise threatens Platform integrity.
ARTICLE 12 — INTELLECTUAL PROPERTY
12.1 Ownership of the Platform
The Platform, including its software, databases, workflows, scheduling systems, messaging systems, Gallery systems, user interfaces, visual designs, source code, APIs, trademarks, logos, graphics, documentation, and related intellectual property, remains the exclusive property of Ch4pter or its licensors.
12.2 Limited License
Subject to compliance with these Terms, Ch4pter grants Users a limited, revocable, non-exclusive, non-transferable license to access and use the Platform solely for its intended purposes.
No ownership rights are transferred.
12.3 Restrictions
Except where expressly permitted by law or by Ch4pter in writing, Users may not:
- copy the Platform;
- modify the Platform;
- reverse engineer;
- decompile;
- create derivative works;
- scrape Marketplace data;
- bypass security measures;
- interfere with Platform functionality;
- reproduce Ch4pter branding;
- use automated extraction tools;
- or otherwise exploit Ch4pter intellectual property.
12.4 Artificial Intelligence Restrictions
Users may not use the Platform, Ch4pter Content, Marketplace data, software, user interfaces, source code, databases, workflows, documentation, or proprietary materials to train, improve, fine-tune, benchmark, or develop artificial intelligence, machine learning, or similar automated systems without Ch4pter's prior written consent.
Nothing in this Section restricts a User's use of that User's own original Content independent of Ch4pter's proprietary systems.
12.5 Reservation of Rights
All rights not expressly granted remain reserved by Ch4pter.
ARTICLE 13 — COPYRIGHT POLICY AND DMCA COMPLIANCE
13.1 Respect for Intellectual Property
Ch4pter respects the intellectual property rights of others and expects Users to do the same.
Users may upload, publish, display, or transmit only Content they have the legal right to use.
13.2 Copyright Complaints
A copyright owner or authorized representative who believes Content available through the Platform infringes copyright may submit a written copyright notification to Ch4pter's Designated Copyright Agent.
A valid notice should include, at minimum:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material and its location on the Platform;
- sufficient information allowing Ch4pter to locate the material;
- the complaining party's contact information;
- a statement made in good faith that the disputed use is not authorized by the copyright owner, its agent, or applicable law;
- a statement, made under penalty of perjury, that the information provided is accurate and that the complaining party is authorized to act on behalf of the copyright owner;
- and a physical or electronic signature.
13.3 Counter Notification
A User whose Content has been removed may submit a counter notification containing the information required under applicable copyright law.
If Ch4pter receives a legally sufficient counter notification, Ch4pter may restore the removed Content unless the complaining party timely initiates appropriate legal proceedings.
13.4 Repeat Infringers
Ch4pter maintains a policy for addressing repeat copyright infringement.
Accounts that repeatedly infringe the intellectual property rights of others may be suspended or permanently terminated.
Nothing in this policy obligates Ch4pter to terminate an Account after any specific number of allegations.
Each matter will be evaluated based upon the available evidence, legal requirements, the severity of the conduct, prior history, and other relevant circumstances.
13.5 Designated Copyright Agent
DMCA notices should be directed to:
Brandon Morey Copyright Agent Ch4pter, LLC
130 Townsend St Midland, MI 48640
Email:
Telephone: (989) 824-9474
Ch4pter may update its Designated Copyright Agent from time to time.
13.6 Misrepresentations
Any person knowingly submitting materially false copyright notices or counter notifications may be liable under applicable law.
ARTICLE 14 — REVIEWS, RATINGS, AND MARKETPLACE REPUTATION
14.1 Reviews
Following eligible Marketplace transactions, Clients and Service Providers may have the opportunity to submit reviews, ratings, and other Marketplace feedback.
14.2 Honest Feedback
Reviews should reflect genuine firsthand experiences.
Ch4pter encourages honest, fair, and accurate feedback.
14.3 Prohibited Review Conduct
Users may not:
- purchase reviews;
- sell reviews;
- create fake transactions to generate reviews;
- review themselves;
- impersonate reviewers;
- threaten another User regarding reviews;
- exchange compensation solely for favorable reviews without disclosure;
- manipulate Marketplace ratings;
- or otherwise interfere with the integrity of the review system.
14.4 Moderation
Ch4pter may remove, restrict, annotate, investigate, or decline to publish reviews that:
- violate these Terms;
- contain unlawful material;
- contain personal information;
- constitute harassment;
- are fraudulent;
- are unrelated to the underlying transaction;
- or otherwise threaten Marketplace integrity.
14.5 No Guaranteed Removal
A User's disagreement with a review does not require Ch4pter to remove or modify that review.
14.6 Marketplace Reputation
Review scores, response times, Booking history, completion rates, profile completeness, account standing, and other objective Marketplace information may influence Marketplace visibility.
Ch4pter does not guarantee any User a particular Marketplace ranking.
ARTICLE 15 — ACCEPTABLE USE
Users may not use the Platform to:
- violate applicable law;
- engage in fraud;
- impersonate another person or business;
- harass or threaten another person;
- discriminate unlawfully;
- facilitate violence;
- exploit minors;
- distribute malware;
- interfere with Platform security;
- scrape Marketplace information;
- bypass access controls;
- overload Platform infrastructure;
- send spam;
- distribute deceptive content;
- manipulate Marketplace rankings;
- manipulate reviews;
- manipulate Booking history;
- create sham transactions;
- misuse payment systems;
- launder money;
- infringe intellectual property;
- collect personal information without authorization;
- interfere with another User's use of the Platform;
- circumvent Marketplace Commissions;
- evade enforcement actions;
- or assist another person in engaging in prohibited conduct.
15.2 Security
Users shall not attempt to:
- access another Account;
- probe Platform vulnerabilities;
- circumvent authentication systems;
- introduce malicious code;
- interfere with Platform availability;
- or otherwise compromise Platform security.
15.3 Automated Access
Except where expressly authorized in writing by Ch4pter, Users may not use automated systems to:
- scrape Platform information;
- harvest Marketplace data;
- create competing databases;
- collect personal information;
- or otherwise access the Platform in a manner inconsistent with normal human use.
Reasonable indexing by public search engines is permitted unless expressly restricted by Ch4pter.
15.4 Platform Abuse
Users may not intentionally interfere with:
- Platform operation;
- Marketplace integrity;
- transaction records;
- fraud detection;
- payment processing;
- Gallery functionality;
- or other Platform systems.
ARTICLE 16 — TRUST, SAFETY, AND USER PROTECTION
16.1 Community Standards
Users must conduct themselves professionally, honestly, and lawfully while using the Platform.
16.2 Safety
Users remain responsible for exercising reasonable judgment before participating in any Booking.
Although Ch4pter provides Marketplace tools intended to improve safety, no screening process guarantees that another User is trustworthy or suitable.
16.3 Reporting
Users are encouraged to report:
- fraud;
- harassment;
- safety concerns;
- abusive conduct;
- payment misconduct;
- copyright infringement;
- unlawful activity;
- or other significant Marketplace issues.
16.4 Investigations
Ch4pter may investigate reported conduct.
During an investigation Ch4pter may request information, preserve records, temporarily restrict Platform functionality, delay payouts where legally permitted, remove Content, or take other reasonable protective actions.
Participation in an investigation does not imply wrongdoing.
16.5 Emergency Situations
Ch4pter is not an emergency service.
Users facing immediate danger should contact appropriate emergency services.
16.6 Verification
Identity verification, payment verification, business verification, or similar Marketplace programs do not constitute a guarantee of:
- identity;
- qualifications;
- honesty;
- licensing;
- insurance;
- or legal compliance.
Users remain responsible for their own decisions.
16.7 Fraud Prevention
To protect Marketplace participants, Ch4pter may implement automated and manual systems designed to identify:
- suspicious transactions;
- fraudulent payments;
- account abuse;
- unusual Booking activity;
- repeated chargebacks;
- abnormal Marketplace behavior;
- and other indicators of fraud.
Protective actions may include temporary review, delayed payouts, additional verification, Booking cancellation, Account restriction, or other reasonable safeguards.
Such actions do not constitute a finding of wrongdoing.
ARTICLE 17 — THIRD-PARTY SERVICES
17.1 Third-Party Providers
The Platform relies upon third-party providers for certain functionality, including but not limited to:
- payment processing;
- identity verification;
- cloud hosting;
- data storage;
- mapping services;
- geolocation;
- email delivery;
- SMS messaging;
- analytics;
- print fulfillment;
- artificial intelligence services;
- customer support tools;
- and other technology services.
The availability or integration of a third-party service does not constitute an endorsement by Ch4pter.
17.2 Separate Agreements
Third-party providers may require Users to agree to their own terms of service, privacy policies, or other agreements.
Users remain responsible for complying with those agreements.
17.3 Third-Party Availability
Ch4pter is not responsible for interruptions, failures, delays, outages, inaccuracies, security incidents, or other issues arising from third-party services beyond Ch4pter's reasonable control.
17.4 External Websites
The Platform may contain links to third-party websites.
Ch4pter does not control, monitor, or endorse third-party websites and is not responsible for their availability, content, policies, products, services, or practices.
Users access third-party websites at their own risk.
ARTICLE 18 — PLATFORM CHANGES AND AVAILABILITY
18.1 Platform Evolution
Ch4pter continually develops and improves the Platform.
Accordingly, Ch4pter may:
- add features;
- modify features;
- discontinue features;
- redesign interfaces;
- introduce new Marketplace categories;
- change storage limits;
- modify subscription offerings;
- improve security;
- update workflows;
- or otherwise evolve the Platform.
18.2 Service Interruptions
The Platform may become unavailable due to:
- scheduled maintenance;
- emergency maintenance;
- software updates;
- hardware failures;
- cloud provider outages;
- internet interruptions;
- cyberattacks;
- force majeure events;
- legal requirements;
- or circumstances beyond Ch4pter's reasonable control.
18.3 No Guaranteed Availability
Ch4pter does not guarantee that the Platform will always be:
- uninterrupted;
- error-free;
- secure;
- available;
- compatible with every device;
- or free from defects.
18.4 Beta Features
Ch4pter may release experimental or beta functionality.
Beta features may be modified, suspended, or discontinued at any time without notice.
Beta functionality may contain defects and is provided for evaluation purposes.
18.5 Future Marketplace Categories
Although the Platform initially supports photography services, Ch4pter may expand into additional Marketplace categories without requiring amendment of these Terms.
Supplemental Agreements applicable to those Marketplace categories may govern those additional services.
ARTICLE 19 — ACCOUNT ENFORCEMENT
19.1 Enforcement Authority
To protect the Platform and its Users, Ch4pter may investigate suspected violations of:
- these Terms;
- Supplemental Agreements;
- Marketplace policies;
- Community Guidelines;
- applicable law;
- or Trust & Safety standards.
19.2 Available Enforcement Actions
Depending upon the circumstances, Ch4pter may:
- issue warnings;
- request corrective action;
- remove Content;
- reduce Marketplace visibility;
- suspend Marketplace functionality;
- restrict messaging;
- cancel Bookings where appropriate;
- temporarily suspend an Account;
- permanently terminate an Account;
- delay payouts where legally permitted;
- preserve evidence;
- report unlawful conduct to appropriate authorities;
- or take other reasonable protective action.
19.3 Immediate Action
Ch4pter may act immediately where reasonably necessary to address:
- fraud;
- credible safety concerns;
- unlawful conduct;
- payment abuse;
- repeated policy violations;
- cybersecurity threats;
- significant Marketplace disruption;
- intellectual property violations;
- or other serious misconduct.
19.4 Good-Faith Enforcement
Marketplace enforcement decisions are made in good faith using the information reasonably available to Ch4pter at the time.
No enforcement action implies criminal liability or legal fault.
19.5 Evasion
Users may not evade Marketplace enforcement by creating additional Accounts.
Ch4pter may terminate replacement Accounts associated with previously terminated Users.
ARTICLE 20 — ACCOUNT CLOSURE AND TERMINATION
20.1 Voluntary Closure
Users may request closure of their Accounts through Platform functionality or by contacting Ch4pter.
20.2 Existing Obligations
Closing an Account does not eliminate obligations arising before closure, including:
- completed Bookings;
- outstanding payments;
- refunds;
- chargebacks;
- tax reporting;
- legal obligations;
- dispute resolution;
- or surviving contractual provisions.
20.3 Ch4pter Termination
Ch4pter may suspend or terminate Accounts in accordance with these Terms where reasonably necessary to protect the Platform or comply with applicable law.
20.4 Data Retention
Following Account closure or termination, Ch4pter may retain information as reasonably necessary for:
- legal compliance;
- tax reporting;
- accounting;
- fraud prevention;
- dispute resolution;
- security;
- backups;
- enforcement;
- and other legitimate business purposes described in the Privacy Policy.
20.5 Founding Photographer Accounts
Voluntary closure of a Founding Photographer Account terminates Founding Photographer status.
Creating a replacement Account does not restore Founding Photographer benefits unless expressly approved by Ch4pter.
20.6 Survival
The following provisions survive termination to the extent applicable:
- payment obligations;
- intellectual property provisions;
- licenses;
- indemnification;
- disclaimers;
- limitation of liability;
- dispute resolution;
- governing law;
- and other provisions intended by their nature to survive.
ARTICLE 21 — DISCLAIMERS
21.1 Platform Provided "As Is"
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."
21.2 No Warranty
CH4PTER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE;
- NON-INFRINGEMENT;
- ACCURACY;
- SECURITY;
- RELIABILITY;
- PERFORMANCE;
- AND AVAILABILITY.
21.3 Marketplace Participants
Ch4pter does not warrant or guarantee:
- the identity of Users;
- the honesty of Users;
- the qualifications of Users;
- licensing held by Users;
- insurance maintained by Users;
- the legality of Services;
- the quality of Deliverables;
- the artistic style of Photographers;
- or the success of any Booking.
21.4 Business Results
Ch4pter makes no guarantee regarding:
- revenue;
- Bookings;
- inquiries;
- Marketplace visibility;
- search rankings;
- profitability;
- business growth;
- or future success.
21.5 Technology
Ch4pter does not warrant that the Platform will always function without interruption, delay, bugs, incompatibilities, cyberattacks, or third-party outages.
21.6 Professional Advice
Information provided through the Platform does not constitute:
- legal advice;
- accounting advice;
- tax advice;
- insurance advice;
- business advice;
- or professional advice of any kind.
Users remain responsible for obtaining independent professional advice where appropriate.
ARTICLE 22 — LIMITATION OF LIABILITY
22.1 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CH4PTER, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
- indirect damages;
- incidental damages;
- consequential damages;
- special damages;
- exemplary damages;
- punitive damages;
- loss of profits;
- loss of revenue;
- loss of goodwill;
- loss of business opportunity;
- loss of anticipated savings;
- loss of reputation;
- loss of data;
- loss of User Content;
- business interruption;
- or costs of substitute services,
arising from or relating to:
- the Platform;
- Marketplace participation;
- Bookings;
- User conduct;
- User Content;
- Deliverables;
- payment processing;
- or these Terms,
even if Ch4pter has been advised of the possibility of such damages.
22.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CH4PTER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR MARKETPLACE PARTICIPATION SHALL NOT EXCEED THE GREATER OF:
- the total Fees actually paid by the claiming User directly to Ch4pter during the twelve (12) months immediately preceding the event giving rise to the claim; or
- one hundred U.S. dollars (US $100.00).
For purposes of this Section, "Fees" include Marketplace Commissions retained by Ch4pter and subscription fees paid directly to Ch4pter, but do not include amounts paid by a Client to a Photographer for the Photographer's independent Services.
22.3 Essential Allocation of Risk
The parties acknowledge that the disclaimers and limitations contained in these Terms are an essential part of the agreement between the parties and that Ch4pter would not make the Platform available on the same terms without those limitations.
22.4 Jurisdictional Limitations
Some jurisdictions do not permit certain warranty disclaimers or limitations of liability.
In those jurisdictions, the foregoing limitations apply only to the maximum extent permitted by applicable law.
ARTICLE 23 — INDEMNIFICATION
23.1 User Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Ch4pter, LLC, together with its affiliates, members, managers, officers, directors, employees, contractors, agents, licensors, successors, assigns, and service providers, from and against any third-party claims, actions, investigations, proceedings, liabilities, judgments, settlements, losses, damages, costs, and reasonable attorneys' fees arising out of or relating to:
- your use of the Platform;
- your Account;
- your User Content;
- your Services;
- your Bookings;
- your communications with other Users;
- your violation of these Terms;
- your violation of any Supplemental Agreement;
- your violation of applicable law;
- your infringement of intellectual property rights;
- your misuse of personal information;
- your fraud, negligence, or intentional misconduct;
- or the acts or omissions of persons acting through your Account or on your behalf.
23.2 Ch4pter Control of Defense
Ch4pter may assume exclusive control of the defense of any matter subject to indemnification.
You agree to cooperate reasonably with Ch4pter in defending such matters.
23.3 Settlement Restrictions
You may not settle any claim affecting Ch4pter without Ch4pter's prior written consent if the settlement:
- imposes obligations upon Ch4pter;
- admits wrongdoing by Ch4pter;
- restricts Ch4pter's operations;
- or otherwise materially affects Ch4pter's interests.
23.4 Exceptions
This Article does not require indemnification to the extent a claim arises directly from Ch4pter's own gross negligence, willful misconduct, or other liability that cannot legally be shifted under applicable law.
ARTICLE 24 — DISPUTES BETWEEN USERS
24.1 Independent Transactions
Because Ch4pter operates a technology marketplace, disputes concerning the underlying Services generally exist between the Client and the Service Provider.
24.2 Administrative Assistance
Where appropriate, Ch4pter may assist Marketplace participants by:
- providing transaction records;
- reviewing Platform communications;
- facilitating refunds;
- reviewing Gallery information;
- preserving relevant records;
- or administering Marketplace policies.
Such assistance does not make Ch4pter a party to the underlying dispute.
24.3 Marketplace Decisions
Administrative decisions made by Ch4pter concerning:
- refunds;
- Marketplace enforcement;
- Trust & Safety actions;
- account standing;
- Booking administration;
- or payment adjustments
are intended solely to administer the Platform.
Such decisions are not judicial determinations and do not constitute legal findings regarding liability.
24.4 Evidence
When administering Marketplace disputes, Ch4pter may consider:
- Booking records;
- timestamps;
- payment records;
- messages;
- Gallery activity;
- upload history;
- download history;
- metadata;
- availability records;
- review history;
- and other relevant evidence.
Ch4pter may, but is not obligated to, consider information created outside the Platform.
24.5 Good-Faith Administration
Ch4pter may administer Marketplace disputes in good faith based upon the information reasonably available at the time.
Nothing in these Terms requires Ch4pter to investigate every dispute or to reach any particular outcome.
ARTICLE 25 — DISPUTE RESOLUTION WITH CH4PTER
PLEASE READ THIS ARTICLE CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT, HAVE A JURY TRIAL, OR PARTICIPATE IN A CLASS ACTION.
25.1 Informal Resolution
Before commencing arbitration or litigation against Ch4pter, the claimant must provide written notice describing:
- the claimant's name;
- Account email;
- relevant transaction;
- factual basis of the dispute;
- requested relief;
- and supporting information reasonably necessary to evaluate the claim.
The parties agree to attempt to resolve the dispute informally for at least sixty (60) days following receipt of the notice.
25.2 Agreement to Individual Arbitration
Except as expressly provided in these Terms, disputes arising from or relating to:
- these Terms;
- Supplemental Agreements;
- the Platform;
- Marketplace participation;
- payments;
- privacy;
- intellectual property;
- Account enforcement;
- or the relationship between the User and Ch4pter
shall be resolved by binding individual arbitration.
25.3 Governing Arbitration Law
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
25.4 Arbitration Administrator
Unless otherwise required by applicable law, arbitration shall be administered by the American Arbitration Association ("AAA") under the applicable AAA rules then in effect.
25.5 Individual Proceedings Only
Arbitration shall proceed solely on an individual basis.
Neither the arbitrator nor any party may consolidate claims or conduct representative proceedings except where expressly required by applicable law.
25.6 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USERS AND CH4PTER WAIVE ANY RIGHT TO PARTICIPATE IN:
- class actions;
- class arbitrations;
- representative proceedings;
- collective proceedings;
- consolidated proceedings;
- or private attorney general actions.
25.7 Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, USERS AND CH4PTER WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE COVERED BY THIS ARTICLE.
25.8 Exceptions
The following matters may proceed in court where otherwise permitted:
- qualifying small claims matters;
- actions seeking emergency injunctive relief;
- intellectual property disputes;
- actions to enforce an arbitration award;
- and claims that applicable law prohibits from mandatory arbitration.
25.9 Arbitration Opt-Out
A User may opt out of this arbitration agreement by sending written notice within thirty (30) days after first accepting these Terms.
Opt-out notices may be submitted by email to:
with the subject line:
Arbitration Opt-Out
or by mail to:
Ch4pter, LLC Attn: Arbitration Opt-Out 130 Townsend St Midland, MI 48640
The notice must clearly identify the User and state the intent to opt out.
Opting out does not affect any other provision of these Terms.
25.10 Mass Arbitration
Where twenty-five (25) or more substantially similar arbitration demands are coordinated against Ch4pter by the same or coordinated counsel, the proceedings shall be administered under applicable AAA Mass Arbitration Rules to the extent available.
Nothing contained in this Section authorizes class arbitration.
25.11 Arbitrator Authority
The arbitrator may award only relief authorized by applicable law to the individual claimant.
The arbitrator may not award relief affecting persons who are not parties to the arbitration.
25.12 Judgment
Judgment upon an arbitration award may be entered in any court possessing jurisdiction.
25.13 Severability
If any portion of this Article is determined to be unenforceable, the remaining portions shall remain enforceable to the fullest extent permitted by law, except where severance would fundamentally alter the parties' agreement to resolve disputes individually.
ARTICLE 26 — GOVERNING LAW AND VENUE
26.1 Governing Law
Except to the extent preempted by the Federal Arbitration Act or otherwise required by applicable law, these Terms, all Supplemental Agreements, and any dispute arising out of or relating to the Platform shall be governed by the laws of the State of Michigan, without regard to its conflict-of-law principles.
26.2 Judicial Venue
For disputes properly proceeding in court and not subject to arbitration, the parties agree that exclusive venue shall lie in the state or federal courts having jurisdiction over Midland County, Michigan, unless applicable law requires another venue.
Each party consents to the personal jurisdiction of those courts.
26.3 Mandatory Consumer Rights
Nothing contained in these Terms waives or limits any consumer protection rights that cannot legally be waived under applicable law.
ARTICLE 27 — CHANGES TO THESE TERMS
27.1 Right to Modify
Ch4pter may modify these Terms from time to time to reflect changes in:
- applicable law;
- Platform functionality;
- Marketplace operations;
- security practices;
- payment systems;
- subscription offerings;
- business practices;
- risk management;
- or other legitimate operational needs.
27.2 Notice of Material Changes
Where required by law or reasonably appropriate because of the significance of a change, Ch4pter will provide notice through one or more of the following:
- email;
- Platform notification;
- Account notification;
- website notice;
- or another reasonable communication method.
27.3 Effective Date
Updated Terms become effective on the date specified in the revised Terms unless a later effective date is required by applicable law.
27.4 Existing Bookings
Unless required by law or agreed by the affected Users, amendments to these Terms shall not retroactively modify the material financial terms, Deposit, cancellation policy, or other material terms of a Booking that has already been confirmed.
27.5 Continued Use
Continued use of the Platform after updated Terms become effective constitutes acceptance of the revised Terms to the fullest extent permitted by law.
A User who does not agree with revised Terms must discontinue future use of the Platform.
27.6 Arbitration Amendments
Material amendments to Article 25 shall not apply retroactively to disputes for which either party has already provided written notice before the amendment becomes effective unless otherwise required by law.
27.7 Founding Photographer Protection
Nothing in these Terms permits Ch4pter to revoke, reduce, or materially impair the Founding Photographer benefits expressly protected by the Photographer Marketplace Agreement solely through a general amendment to these Terms.
ARTICLE 28 — GENERAL PROVISIONS
28.1 Entire Agreement
These Terms, together with all applicable Supplemental Agreements, constitute the complete agreement between Ch4pter and the User concerning access to and use of the Platform.
They supersede all prior oral or written discussions, representations, negotiations, or understandings concerning the same subject matter.
28.2 Severability
Except where another provision expressly provides otherwise, if any portion of these Terms is determined to be invalid or unenforceable, that provision shall be modified or severed only to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
28.3 No Waiver
Failure by Ch4pter to enforce any provision of these Terms shall not constitute a waiver of that provision or any other right.
A waiver is effective only if made in writing by an authorized representative of Ch4pter.
28.4 Assignment
Users may not assign, transfer, delegate, or otherwise dispose of their rights or obligations under these Terms without Ch4pter's prior written consent.
Ch4pter may assign these Terms, in whole or in part, in connection with:
- a merger;
- acquisition;
- sale of assets;
- corporate restructuring;
- financing transaction;
- reorganization;
- or operation of law.
28.5 No Third-Party Beneficiaries
Except where expressly stated, these Terms create no rights in favor of any third party.
28.6 Force Majeure
Ch4pter shall not be liable for delays or failures resulting from events beyond its reasonable control, including:
- natural disasters;
- acts of God;
- war;
- terrorism;
- civil unrest;
- labor disputes;
- governmental actions;
- utility failures;
- internet outages;
- cloud infrastructure failures;
- cyberattacks;
- epidemics;
- pandemics;
- or similar events.
28.7 Notices
Unless another method is expressly required by these Terms, formal legal notices to Ch4pter shall be sent to:
Ch4pter, LLC Attn: Legal Notices
130 Townsend St
Midland, MI 48640
Courtesy copies may also be sent to:
Email alone does not constitute legal service of process unless otherwise required by applicable law.
28.8 Electronic Communications
By creating an Account or using the Platform, Users consent to receive electronic communications relating to:
- their Account;
- Bookings;
- payments;
- security notices;
- legal notices;
- Marketplace operations;
- and Platform updates.
Electronic communications satisfy any legal requirement that communications be provided in writing.
28.9 Interpretation
Unless the context clearly requires otherwise:
- headings are for convenience only;
- singular words include the plural;
- plural words include the singular;
- "including" means "including without limitation";
- references to laws include amendments and successor laws.
28.10 Language
English is the controlling language of these Terms.
Translations may be provided for convenience only.
28.11 Contact Information
Ch4pter, LLC
130 Townsend St
Midland, MI 48640
Business Telephone: (989) 824-9474
Legal Notices:
Arbitration Opt-Out:
DMCA Notices:
ARTICLE 29 — ACKNOWLEDGMENT AND ACCEPTANCE
By accessing or using the Platform, creating an Account, submitting or accepting a Booking, uploading Content, making or receiving payments, or otherwise participating in the Marketplace, you acknowledge and agree that:
- You have read and understand these Terms.
- You agree to be legally bound by these Terms.
- Ch4pter operates a technology marketplace and is generally not the provider of the underlying Services offered through the Marketplace.
- Service Providers are independent businesses and are not employees, agents, partners, or representatives of Ch4pter.
- Additional Supplemental Agreements, including the Photographer Marketplace Agreement, Client Marketplace Agreement, and Privacy Policy, may apply to your use of the Platform.
- You understand that Marketplace transactions are governed by the recorded Booking terms, applicable cancellation policies, and applicable Supplemental Agreements.
- You understand that Ch4pter may administer Marketplace payments, refunds, and Trust & Safety matters in accordance with these Terms.
- You understand that these Terms include important limitations of liability, disclaimers, indemnification obligations, and dispute resolution provisions.
- Unless you timely exercise your right to opt out, disputes with Ch4pter are subject to binding individual arbitration, a class-action waiver, and a jury-trial waiver.
- You agree to comply with these Terms, all applicable Supplemental Agreements, and applicable law while using the Platform.
CH4PTER, LLC
130 Townsend St Midland, MI 48640
Business Telephone: (989) 824-9474
Legal Contact:
Effective Date: ___________________
Last Updated: ___________________
