Welcome to ShutterFlock. These Terms of Service ("Terms") govern your access to and use of the ShutterFlock mobile application, website at shutter-flock.com, and related services (collectively, the "Service"). Please read them carefully.
By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
The Service is currently operated by Sean Sullivan, an individual sole proprietor based in Portland, Oregon, USA ("we," "us," or "our"). You can reach us at TheCreator@shutter-flock.com for any questions about these Terms or the Service.
You must be at least 13 years old to create an account or use the Service. By using the Service, you represent that you meet this age requirement.
The Service is not directed to children under 13. If we learn we have collected personal information from a child under 13, we will delete that information and terminate the account.
To use most features of the Service, you must create an account by signing in with a supported third-party authentication provider (currently Google). By creating an account, you agree to:
You are solely responsible for maintaining the confidentiality of your account and for all activities under it. We are not liable for any loss or damage arising from your failure to protect your account.
ShutterFlock is a real-world bird photography game. You use the app to photograph wild birds, submit those photographs for automated identification and scoring, and participate in social features including community feeds, rivalries with other users, and team-based gameplay.
We may modify, add, or remove features of the Service at any time. We will make reasonable efforts to notify users of significant changes.
You agree to use the Service only for its intended purposes and in compliance with these Terms and all applicable laws. You agree not to:
We reserve the right to remove content or terminate accounts that violate these rules, at our sole discretion.
You retain ownership of the photographs you upload to the Service. You do not transfer copyright to us by uploading.
By uploading a photograph, you grant us a non-exclusive, worldwide, royalty-free license to store, display, distribute, and reproduce that photograph in connection with operating and promoting the Service. This license includes displaying your photograph in the community feed, on your profile, in leaderboards, in map views, and in promotional materials for the Service.
You represent and warrant that:
We do not claim ownership of your photographs, and this license ends when you delete the photograph from the Service or when your account is terminated, except as needed for our internal records or legal compliance.
The Service can associate a photograph with the geographic location where it was taken. Location sharing is opt-in: you control whether the app associates location with your uploads via the Location Sharing setting in your profile. When enabled, your uploads include coordinates and appear on the community map with location context. When disabled, uploads save without coordinates and you do not appear on the map layer.
Even with location sharing enabled, you may deny browser or operating system location permission at any time. In that case, uploads will proceed without coordinates regardless of your app setting.
We offer an optional paid subscription called Field Pass. Payments are processed by Stripe. By subscribing, you agree to Stripe's terms and privacy policy in addition to ours.
We do not offer refunds for partial billing periods except where required by law.
The Service integrates with third-party services to provide certain features:
We do not control these third parties, and your use of their services is subject to their own terms and privacy policies. We are not responsible for their acts or omissions.
Affiliate links may earn us a commission when you complete a booking through them. This does not affect the price you pay.
You may delete your account at any time by contacting us at TheCreator@shutter-flock.com. When you delete your account, we will delete your associated personal data and content within thirty (30) days, subject to any legal or operational retention requirements described in our Privacy Policy.
We may suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms or conduct that we believe is harmful to other users, to us, or to third parties.
The Service itself — including the software, design, brand, and mascot ("Toucan Stan") — is the property of Sean Sullivan and protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
You may not copy, modify, distribute, sell, or lease any part of the Service or its content, except for content you have uploaded yourself.
The Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not warrant that:
The Service is a game and social platform, not a scientific citation source. Bird identifications produced by the Service are automated and should not be relied upon for research, conservation reporting, or other purposes requiring verified accuracy.
To the maximum extent permitted by law, in no event will Sean Sullivan be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service.
Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months before the claim arose, or (b) fifty US dollars ($50).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
You agree to indemnify and hold harmless Sean Sullivan from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising out of your use of the Service, your content, or your violation of these Terms.
These Terms are governed by the laws of the State of Oregon, without regard to conflict of laws principles.
Before filing a formal claim, you agree to first contact us at TheCreator@shutter-flock.com to attempt to resolve the dispute informally. We will make a good-faith effort to resolve the issue within thirty (30) days.
If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration administered by a mutually agreed arbitration service, conducted in Portland, Oregon or by video conference. Each party will bear its own costs unless the arbitrator awards otherwise.
You waive the right to participate in a class action or class arbitration against us.
We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms in the Service and updating the "Last updated" date at the top. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms? Reach out:
Sean Sullivan
Portland, Oregon, USA
TheCreator@shutter-flock.com