Fair Use Policy
Effective date: 1 April 2024
At Shootsta, our dedication is to consistently provide high-quality products to all our valued Customers (“we”, “us”, or “our”). To ensure the commercial viability of our services, we have implemented certain limitations across them. While these limitations are essential, we are always open to accommodating special circumstances that our Customers may encounter. However, it is imperative that these be discussed and mutually agreed upon in a timely and good-faith manner.
Please be advised that Shootsta reserves the right to change this Fair Use Policy (“Fair Use Policy”) at its discretion and without prior notice to the Customer. Our Services, features, pricing, or technology may require us to revise the Fair Use Policy to reflect any changes.
Unless otherwise defined herein, terms used in this Fair Use Policy shall have the same meaning as are ascribed to such terms in Shootsta's Subscription and Services Agreement (“Agreement”) and Data Protection and Privacy Policy (“Privacy Policy”) available at www.shootsta.com/legal-stuff/.
Definitions
“Amendment” means any work Shootsta does on a Shootsta Pro Project that results in the creation of a new Version subsequent to the First Cut.
“Assets” means any media file used in creating an output. This includes, but is not limited to, video clips, image files, and documents in any format.
“Brief” means the written instructions and guidelines submitted by you to Shootsta directing us on the key elements that you plan to include in your video, and any steps that need to be taken during the production of an Output.
“Business Days” means working days of the respective Shootsta entity that the customer has entered into the Agreement with. Business Days exclude Saturdays, Sundays and holidays.
“First Cut” means the first Version of any Output.
“Master Output” means the primary Output associated with a Project (as opposed to an Iteration of a Master Output, as indicated on the Platform). A Project can only have one Master Output.
“Project” means a collection of Assets, Briefs, and Outputs (including a Master & Iterations), as identifiable on the Platform used for a single primary Output.
“Output” means any completed digital media file within a Project that Shootsta has created, processed, and submitted to the Customer for review, acceptance, and use.
“Version” means an Output with a unique identifier number sequence, such as v1, v2, or similar, as assigned by the Platform dictated by the number of change requests (amendments) requested by you.
“Workspace” means the unique domain within the Platform dedicated to a specific customer account, as found at the site [yourworkspace].app.shootsta.com.
“Animation Theme” refers to a pre-designed animation template established by Shootsta with defined parameters and limited customization.
“Shootsta Premier” is a video production service offered by Shootsta that undertakes a different operating model to the Pro video product. Shootsta Premier projects are quoted on a case by case basis. Specific terms of service will be shared upon each engagement as needed.
Product Specifications and Limitations
Storage. Unless otherwise stated on the Order Form or Workspace, all workspaces receive up to 1 terabyte (TB) of storage space. If a workspace surpasses this limit, Customers must either remove content to bring the utilized storage under that limit or buy more storage from Shootsta.
Shootsta Pro. Shootsta Pro, one of the Services offered by Shootsta, is a post-production service that results in the creation of one or more outputs of digital media via the utilization of one or more credits (“Credits”).
Credit. Credits can be utilized to create one output for one of the specified Output types listed in the “Output Specifications” table. However, some outputs might require more than one (1) Credit. Each output type has specific limits, which are outlined in the table.
Service Level Agreement. Services provided under the Shootsta Pro offering are governed by a Service Level Agreement (SLA), with the following conditions:
The table below outlines the typical maximum turnaround times a customer can expect for each type of output. However, purchasing any add-on services may alter turnaround times by increasing them. Please refer to the “Add-on Services” section for further details. While Shootsta strives to meet these timeframes, they are not guaranteed. Shootsta does not accept accountability, offer assurances, or provide restitution of any sort for late delivery of projects or the consequences this may have for customers.
The turnaround time for an Output starts when the User submits the Project or approves/completes a Master Output Iteration. However, the turnaround time clock is reset if the Customer doesn't provide all the necessary Assets and Briefs for the Project through the Platform. The project will be put on hold until all required materials are submitted. Turnaround time clocks only run during Business hours.
Production Duration and Cancellations:
- Projects must be completed within 60 days from the initial submission of a Project by a customer to Shootsta (“First Submission”) or before a subscription expires, whichever comes first.
- After 60 days of inactivity, projects that have not been Approved/Completed will be automatically marked as complete by Shootsta.
- Reminder emails will be sent at 45 and 57 days prior to auto completion.
- Amendments to a previously completed project are not possible. The existing project must be duplicated and resubmitted. Credit charges may apply.
- An Output in “Client Review” status defines inactivity. The “clock” starts when the Output moves from “Editing in Progress” to “Client Review”. When the client requests changes, the “clock” stops and resets when the Output returns to “Client Review”.
- Once Shootsta begins working on a Project after the First Submission, any refunds of Credits for canceled projects are at Shootsta's discretion and not guaranteed.
Maximum Project Submissions. Unless otherwise agreed between you and Shootsta, a Customer may submit a maximum of five (5) Projects to Shootsta within a rolling 24-hour period, whether for a First Cut or Amendment. Note: There is no limit on 'draft' projects.
Languages. Unless contractually agreed to prior, Shootsta only supports the creation of outputs in the English language. This includes Foreign Language Captions, which can only be translated from English text or audio to non-English language subtitles and not vice versa.
Series. When submitting a series of videos to Shootsta, we will prioritize the first episode to ensure it meets your standard before proceeding with additional episodes. If multiple episodes are submitted before the completion of the first episode, they may be placed on hold until the first edit is approved.
Single Output Topic. A Single Output cannot contain multiple themes or topics for the intention to divide or re-edit the Output after Project completion to avoid multiple credit charges. Shootsta reserves the right to determine if the intention is to accomplish this, and may reject the Project or charge an additional Credit(s). Customers will be notified prior to any work commencing, which may impact turnaround times.
Output Specifications
| Output | Min. Credits | Duration / Credit | Turnaround (First Cut) | Turnaround (Amendments) | Max Amendments | Max Asset Duration | Max Assets | Notes |
|---|---|---|---|---|---|---|---|---|
| Standard Video | 1 | 5 minutes | Up to 48 hours | Up to 48 hours | 5 | 25 mins | 50 clips | — |
| Podcast | 1 | 60 minutes | 72 hours | 48 hours | 5 | 75 mins | 10 clips | Max 4 voice streams |
| Pre-produced Webinars | 2 | 60 minutes | 72 hours | 48 hours | 5 | 75 mins | 10 clips | Max 4 camera streams |
| Theme Animation [1] | 2 (then 1 per 45s) [2] | 45 seconds | 240 hours (10 days) | 48 hours | 5 [3] | N/A | N/A | Excl. custom elements/designs |
| Custom Animation | Quoted | Quoted | Quoted | Quoted | Quoted | N/A | N/A | Max 2 submissions per week |
| Animation-Video Hybrid | 2 | 5 min (incl. max 45s animation) | 240 hours (10 days) | 48 hours | 5 | 25 mins | 50 clips | — |
| Elevate Template | 1 | 3 minutes | 120 hours (5 days) | 48 hours | 5 | 25 mins | 50 clips | — |
[1] Themed Animations must be selected from one of the available options provided by Shootsta. The theme is set and cannot be fundamentally altered; paid customization is available.
[2] Any Animation longer than 3 minutes will be classified as Custom Animation.
[3] This is a combined limit that applies to both the storyboard and animation together.
* Indicates the minimum Credit amount. This may increase depending on varying factors and will be communicated to the client accordingly.
Add-on Services
Shootsta offers the following Add-on Services across all Shootsta Pro projects. The most updated list of Add-on Services and their prices will be available through the Platform in the project creation workflow. Prices of Add-on Services are subject to change without notice. Prices for Add-on Services may vary from Project to Project depending on its scope. Projects that include Add-on Services may require longer turnaround times.
| Add-on Service | Added Cost | Addition to Turnaround Time | Turnaround Time Starts From |
|---|---|---|---|
| English Captions | Included | Up to 48 hours | Conditional Approval by Customer |
| Green Screen | Yes | +24 hours | Project Submission |
| Language Translated Captions | Yes | Up to 168 hours (7 days) | Conditional Approval by Customer |
| Voice Overs | Yes | Up to 48 hours | Project Submission |
| Social Iteration | Yes | Up to 24 hours | Approval of Master Output |
| Supersize My Edit | Yes | Up to 72 hours | Conditional Approval by Customer |
Intellectual Property
Client IP: Shootsta acknowledges that intellectual property rights in all materials provided by the client for the purpose of video production remain with the client. This includes, but is not limited to, scripts, images, logos, and other proprietary materials.
Shootsta IP: Shootsta retains exclusive ownership and control over all intellectual property rights associated with its pre-existing materials. These materials encompass various elements such as templates, tools, software, and proprietary methodologies employed during the video production process, including editing, design, audio mixing, color grading, and others. It is essential to note that clients do not obtain any rights to these materials upon engaging with Shootsta's services (i.e. working files).
Collaborative Work: In cases where the video production involves collaborative efforts between Shootsta and the client, the ownership of the resulting IP will be determined by a written agreement between the parties, specifying the respective rights and obligations.
Original Work Retention: Shootsta maintains the right to retain project files and original work. In the event that a client requests project files, Shootsta's approval is required for release. Shootsta reserves the right to deny the request. If the files are released, a retrieval fee may be applicable. The media will be made available on a cloud-based shared drive. Requests for project retrieval on external media drives will be assessed on an individual basis and may be subject to additional fees.
Distribution
Client License: Upon completion of a video production project, Shootsta grants the client a non-exclusive, worldwide, royalty-free license to use, display, and distribute the final video at the client's discretion.
Third Party Services: When subscribing or using Shootsta's services, additionally you may also be using the services of one or more third parties outside of the Shootsta Platform, such as video hosting providers in which you upload the final output (e.g. YouTube, Facebook, TikTok, Instagram). Such third parties might have their own terms of use, agreements and policies which may apply to you. You acknowledge that Shootsta is not responsible or liable for any such third parties' services and terms nor for the compliance with them. We strongly encourage you to carefully read any such third-party terms of use and policies and make sure you follow them.
Confidentiality: Shootsta recognizes the sensitivity of pre-release and unreleased video content. We are committed to maintaining the confidentiality of such materials and will not share, disclose, or use them for any purposes other than those agreed upon with the client.
Music Licensing
Music supplied and used in Projects created by Shootsta is subject to these conditions:
Ownership. The individual 'right to use' license always remains with Shootsta and is not transferred on completion and delivery of the Project.
Coverage. You can screen, broadcast, stream or otherwise use the music contained in an Output anywhere, so long as it remains part of the Output. This includes but is not limited to YouTube, Facebook, Instagram, TikTok, Television, Vimeo, Websites, Cinemas.
Eternal Use. Once you create Projects and publish them in any form during your subscription, you can keep using your Projects and monetize them forever, even after your subscription has expired.
The License Restrictions:
- You cannot reproduce, distribute, resell, or use the music as a standalone package.
- You cannot use, make available, or present any music asset as a separate file.
- The assets cannot be used as separate files for listening, downloading, publicly performing, using as a template, or any other purpose.
- You cannot use the assets in any illegal or forbidden manner.
- You cannot use the assets in a way that damages Shootsta, its artists, third parties, or their rights or reputation.
Stock Unlimited Licensing
Our service provider, Shutterstock, grants to Users who license an item of Content through the Shootsta Platform an individual, irrevocable, non-exclusive, non-transferable, right, throughout the world, in perpetuity, to use such Content, or any part thereof, an unlimited number of times, solely as incorporated into digital products and services created and distributed by the User.
- Stock assets are for digital use within your company only and may not be used for printing.
- You may not use the content as a trademark for a business.
- You may not portray a person in a way that may be offensive, including: in connection with adult-oriented services or ads for dating services; in connection with the promotion of tobacco products; in connection with political endorsements; with pornographic, defamatory, unlawful, offensive or immoral content; and as suffering from, or being treated for, a physical or mental ailment.
- You may only use the content in campaigns and content created within Projects by your company, through Shootsta and not with other websites or content services.
Voice Over Licensing
Content Restrictions:
Shootsta reserves the right to refuse production of any content that could be used in the context of pornography or to encourage violence, abomination, racism, hate, threats and discrimination against any person based on race, religion, sex, sexual orientation, community or nationality, hurting the helpless, violating privacy, slander and any other insulting or illegal contents.
Professional Services
- Consulting and professional services are delivered at the best effort by Shootsta in line with the definitions of this policy, and the availability of consultants, producers, and editors is not guaranteed.
- Shootsta reserves the right to reevaluate the cost of professional service if the requirements or scope change after a work estimation is provided.
- The customer may bear costs including transportation, lodging, equipment, and other expenses generated as part of project-based consulting.
Videographer Network
- Videographers booked through Shootsta are facilitated through our global network of partners, vendors and contractors. These entities have independent terms and conditions for utilizing their services which each user should reference.
- As we source freelance contractors, Shootsta requires, in normal circumstances, at least 1 week for a booking request. This is to ensure we can source the best operator for your project.
- Shootsta cannot guarantee camera operator availability.
- Shootsta reserves the right to negotiate rules of engagement and work standards with vendors and contractors.
- Any travel, accommodation, or extra expenses, including time overages incurred by Shootsta or the operator will be added to your booking. Typically, these costs are discussed with you before they are incurred.
Shootsta Premier
Given the nature of bespoke production, Shootsta Premier projects are bound by their own terms and conditions, and are not binding to this policy in any way.