Capture Me

Terms of Service

Terms of Service

These terms of service ("Terms") cover your use and access to our service, client software and websites ("Services"). The service is provided by Riders B.V. Our Privacy Statement sets out how we collect and use your information while our Terms of Service explains how you should use our Service. By using the Service, you agree to these Terms, including our Privacy Statement and our Terms of Service. Please read those carefully. The Service is distributed over the Internet to individual consumers for private and commercial purposes.

Description of the Service

Capture Me is an app and Service that can be used to facilitate interactions between Content Creators  (such as photographers, videographers or droners) and Outdoor Sporters (such as surfers, kitesurfers, or mountain bikers) that (spontaneously) are interested to buy content of their activities.

Content Creators and Outdoor Sporters are hereafter also referred to as “You”, “Photographer” “Sportlover” or “User”.

See for a more detailed explanation of the functionality in the instruction videos.

Please note that the minimum age for using Captureme is 16 years. Your use of Captureme (including the interactions with the other users and uploading, sharing or downloading Content) is solely at your own responsibility and risk.

The following features and functions are available to facilitate the purpose of the Services.

Overview of functions

Creation of a user account

  • To give access to the features of the Captureme app it is required to create an account with the minimal requirements of an email address and password. Any other personal details are optional.
  • An account is needed to access personalized features and functions
  • An email address is needed for receiving a password reset link
  • Password requirements must consist of a minimum of 8 characters, one capital, one number and one special character (e.g.:!?@#)

Functions

  • Sportlover is a profile type that provides features and functions for Sportlovers to get in contact with photographers.
  • Photographers is a profile type that provides features and functions for photographers to be found and contacted by Sportlovers an event or at a certain location.
  • Nearby photographers is an overview of photographers that are nearby. By creating an event, photographer sets the location of the event
  • Within the feed page there is an overview of active and past events, if these events contain albums these will be displayed.
  • As a Sportlover you can check-in to that event with the purposeto get photographed by one of the attending photographers. A check-in is not a live tracking tool. Check-ins can always be removed and edited
  • Within the check-in as a Sportlover you can add additional information to get recognized by the photographer. For example, ‘Purple kite’. The purposel of this additional information is to identify a sportslover when there are a lot of sportslovers. This information can also always be edited and removed

My check-ins

  • My check-ins is an overview of events and locations you participated in, with the purpose to find photographers
  • Only public check-ins are displayed within the event and on your profile
  • You can delete or edit a check-in at any time

Chats

  • Users can chat with each other through the App. Specifically Content creators can chat with outdoor sporters and vice versa to discuss being photographed or regarding the purchase of pictures.

Event

  • Events can be created by photographers
  • The purpose of an event is to facilitate contact between photographers and sportlovers.

Album

  • An album contains the generated Content by photographer  during an event
  • An album is presented within an event or viewable through the photographer profile
  • The purpose an album is to present pictures to sportlovers
  • Albums are created by photographers and viewed by sportlover
  • Photographers cannot see albums of other photographers

Your Responsibilities

As mentioned the purpose of this Service is to assist you in getting interaction with sportlovers or as sportlover getting interaction with photographers. Using the Services  is at your own responsibility and risk, this means without limitation that You are responsible for your actions. Your Content and Your actions must comply with our Acceptable Use Policy. Content in the Services may be protected by the rights of others including ' intellectual property rights. Do not copy, upload, download or share content unless you have the right to do so. We may review your actions for compliance with this Terms of Service and our Acceptable Use Policy.

With that said, we have no obligation to do so. You remain responsible for the content you upload post,share and download via the Services.. You are responsible for safeguarding your account information. To keep the Content secure you among others need to protect this with your own password. Due to the sensitivity of Your Content the password should be uniquely created for this Service  in such a way that other persons cannot guess it and that for instance is not used for any other website service or tool. You arenot allowed to select or use the identity of another person with the intent to impersonate that person.

You are not allowed to have more than one account per e-mail address. Please make sure that you log out when using public or shared devices. If you hand over a device with the Service installed to another individual, you should log out of the Service and/or deactivate the device before doing so. If devices with the Service installed are lost or stolen, you should change the password immediately and contact customer service to remotely log out your devices. Do not share your account credentials or give others access to your account. We accept no liability including no liability for any loss or damage arising from your failure to comply with your own responsibility to safeguard your account credentials..

You may use our Services only as permitted by applicable law, including export control laws and regulations.

App

The Service allows you to use the Captureme app ("App") which may update automatically. As long as you comply with these Terms of Service, we give you a limited, nonexclusive, non-transferable, revocable license to use the App, solely to access the Services. You shall not reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Mollie payment option

Mollie payments is available as an option to facilitate payments between the photographers and the sportslovers for buying the content offered by photographers. Mollie is independently responsible for providing this payment service to you and the Mollie terms and conditions apply.

Our rights

The Services are protected by copyright, trademark, and other laws. The trademarks, logos, domain names and any other similar signs or symbols which are displayed on the website, App  or as part of the Service are the registered and unregistered marks of Captureme. Nothing in the Terms grants you the right to use any such marks. These Terms do not grant you any right, title or interest in the Services, others' content in the Services, trademarks, logos and other brand features.

Rights of others including Copyright

By your use of the Service, we ask that you respect all rights including  the intellectual property rights of others as we do. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. You are solely responsible for your use of the Content you buy and download including for instance any claims someone else may have that such use infringes the rights including the intellectual property rights of such other person or that such use of the Content regards an illegitimate publication.  

Termination

You may stop using the Service. You may do so by updating the settings on your personal account on the website or in the App . When you terminate the service all your data will be deleted within 30 days and cannot be recovered after this. 

If you act in breach of these Terms or applicable laws, your right to use the Service and access its content will immediately, without notice, be terminated or suspended without refund of any fees.  Captureme may also discontinue or stop providing the Service to you or add limits to your Service.

Please note that we delete Your Content 30 days after termination.

For clarity the service is immediately terminated if:

  • You arein breach of these Terms or applicable law,
  • Provision of the services would cause us damages, legal liability or compromise our ability to provide the Services to our other users, or
  • We are prohibited by law to continue with the Service.

Disclaimer

The Service is provided "as is". You acknowledge that the Service is not error-free. We make no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. The Service will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Capture Me will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

The Website and the Service may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Capturemee of the contents of such third-party websites. Capturemee excludes any responsibility for the content of linked third party websites. You should carefully review the terms of use and privacy statements of all websites that you visit.

Limitation of Liability

Your  use of this services is at your own responsibility and risk We (including, our affiliated companies, partners and their contractors, officers, directors and employees) shall have no liability for any damages under these Terms, howsoever caused whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data, damage to properties  or loss of access to the Service.

Changes

We are constantly changing and improving our Service. We may add or remove functionalities, features and content and we may suspend or stop a Service. We may also update or otherwise amend the Terms, for instance to reflect changes to the Service or changes to the law. . The amendments will enter into force when published on the Website, the App or otherwise when communicated to you in an appropriate manner. Your continued use of the Service after such publication or notification is considered as an acceptance of the amended Terms. We encourage you to check the Website regularly. If you do not agree to the amendments, you should discontinue your use of the Service. We are entitled, in whole or in part, to assign our rights and obligations under the Terms to a third party at our own discretion.

Resolving Disputes

We will try to resolve any questions or concerns you may have following your contact to our support desk. Should we not be able to solve a dispute to an acceptable solution to both parties you or we may file judicial proceedings. Except where otherwise required by law, these Terms shall be governed by and interpreted in accordance with Dutch law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the Dutch courts, Haarlem as a legal venue.

Acceptable Use Policy

You are solely responsible for the lawfulness of Your Content. You are prohibited from using the Service including the App for any purpose, act or Content which, without limitation:

  • Could be offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
  • Violates someone else’s rights, including intellectual property rights or someone else’s private or confidential information;
  • Is unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose;
    • That impersonate or aims to impersonate others;
  • involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, "spamming" or "phishing";
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
  • Is pornographic, sexually explicit or any other indecent Content including any links to such material; or
  • violates the rights of or harms or threatens the safety of others including the users or the Service.