Terms of Service

1. About GameDaySnap

GameDaySnap (“GameDaySnap,” “we,” “us,” or “our”) operates an online marketplace (“Platform”) that connects independent sports photographers (“Photographers”) with individuals (“Buyers”) seeking to purchase photographs from organized athletic events at all levels — youth, amateur, and adult. GameDaySnap is a marketplace platform only and does not employ photographers, take photographs, or own any content uploaded to the Platform.

2. Acceptance & Eligibility

By creating an account, browsing, or making a purchase on GameDaySnap, you represent that you are at least 18 years of age, have the legal authority to enter into a binding contract, and agree to these Terms. If you are registering as a Photographer, you additionally represent that you are legally authorized to conduct commercial photography in your jurisdiction and at the venues where you intend to operate.

GameDaySnap reserves the right to refuse service, terminate accounts, or cancel transactions at our sole discretion, at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, GameDaySnap, third parties, or the general public.

3. Platform Role & Limitations

GameDaySnap is a passive marketplace intermediary. We do not:

• Control, verify, or guarantee the quality or accuracy of photographs uploaded by Photographers;
• Verify that Photographers have obtained all required venue or organizational permissions;
• Guarantee the identity of athletes depicted in photographs;
• Act as an employer, agent, or partner of any Photographer;
• Warrant that photographs will remain available on the Platform indefinitely.

GameDaySnap's liability to any user is strictly limited as described in Section 14 (Limitation of Liability). We strongly encourage Buyers to preview watermarked images carefully before purchase, as all sales are final unless the photographs cannot be downloaded due to a platform error.

4. Photographer Agreement

4.1 Eligibility & Registration

To sell photographs on GameDaySnap, you must complete the Photographer registration process, including Stripe Connect account setup for payment processing, and affirmatively agree to the following representations at the time of registration. These representations are legally binding.

4.2 Mandatory Venue & Organizational Permission

By registering as a Photographer, you irrevocably represent and warrant that:

• You have obtained, or will obtain prior to photography, all necessary written permissions from venue operators, property owners, school districts, athletic associations (including but not limited to state high school athletic associations such as KHSAA, IHSAA, MHSAA, UIL, and other governing bodies, and NFHS affiliates), leagues, and event organizers to photograph and commercially exploit images taken at their facilities or events;
• You possess any commercial photography permit or credential required by the governing athletic body or venue for the specific event;
• You understand that violating venue policies or operating without required permissions may constitute trespass, breach of contract, or violation of organizational bylaws, and that GameDaySnap bears no liability for such violations;
• You will maintain records of permissions obtained and provide copies to GameDaySnap upon request within 72 hours.

GameDaySnap may immediately suspend or terminate any Photographer account upon credible evidence of failure to comply with this requirement, without prior notice and without refund of any pending payouts that are subject to chargeback risk.

4.3 Content Standards

Photographers may upload only photographs that:

• Depict organized athletic events and sporting competitions at publicly-accessible venues;
• Show subjects engaged in or immediately related to athletic participation;
• Are not sexually suggestive or exploitative in any manner;
• Do not contain identifying personal information (home addresses, phone numbers, school schedules) of any depicted minor;
• Are the sole, original creative work of the uploading Photographer or for which the Photographer holds a valid commercial license;
• Do not infringe any third-party copyright, trademark, right of publicity, or other intellectual property right;
• Are not defamatory, harassing, discriminatory, or otherwise unlawful.

4.4 License Grant to GameDaySnap

By uploading photographs to the Platform, Photographers grant GameDaySnap a non-exclusive, worldwide, royalty-free license to: (a) store, display, and distribute watermarked preview versions of photographs for the purpose of operating the marketplace; (b) generate thumbnails and optimized preview images; and (c) remove any content that violates these Terms. GameDaySnap does not claim ownership of Photographer content and does not license Photographer content to any party other than Buyers as described herein.

4.5 License Grant to Buyers

Upon successful purchase, Photographers grant each Buyer a non-exclusive, non-transferable, perpetual license to use purchased photographs for private, personal use only, as further described in Section 6 (Image Use Restrictions).

5. Payment Terms & Revenue Split

5.1 Platform Commission

GameDaySnap charges a platform service fee of twenty percent (20%) of the gross sale price of each transaction (“Platform Fee”). The remaining eighty percent (80%) (“Photographer Payout”) is transferred directly to the Photographer's connected Stripe Express account. These percentages are calculated on the base sale price before any applicable taxes or Stripe payment processing fees, which are deducted separately per Stripe's standard terms.

Example: If a photo sells for $9.99, GameDaySnap retains approximately $2.00 (20%), and the Photographer receives approximately $7.99 (80%), less Stripe's processing fee (typically ~2.9% + $0.30 per transaction, charged by Stripe separately to the platform).

5.2 Payout Schedule

Photographer payouts are processed weekly on Fridays via Stripe Express, subject to a standard rolling reserve period as determined by Stripe's risk policies. Stripe's standard payout delay is 7 days from the date of charge, but may be extended for new accounts or accounts with elevated chargeback rates. GameDaySnap does not control Stripe's reserve or payout timing policies.

5.3 Refunds & Disputes

All sales are final. GameDaySnap will issue a full refund only in cases where: (a) purchased download links fail to generate due to a verifiable platform error, or (b) a Photographer uploads content they did not have rights to sell, resulting in legal removal. Refunds for buyer remorse, accidental purchases, or dissatisfaction with image quality are not available, as buyers have the opportunity to preview watermarked versions of all photographs before purchase.

In the event of a Stripe chargeback, GameDaySnap will deduct the full disputed amount, plus any Stripe chargeback fees, from the applicable Photographer's pending payout balance. Photographers with repeated or fraudulent chargebacks may be subject to account suspension.

5.4 Taxes

Photographers are solely responsible for reporting and paying all applicable income taxes, self-employment taxes, and other taxes arising from their sales on the Platform. GameDaySnap will provide IRS Form 1099-K to Photographers who meet applicable reporting thresholds, in accordance with IRS regulations. GameDaySnap is not responsible for any Photographer's tax compliance.

6. Image Use Restrictions — Buyers

Photographs purchased on GameDaySnap are licensed for private, personal use by the purchasing individual only. The following uses are explicitly prohibited and constitute material breach of these Terms:

• Commercial use of any purchased photograph, including advertising, merchandise, or publication for commercial gain;
• Redistribution, resale, sublicense, or transfer of photographs to any third party;
• Publication on commercial websites, social media platforms for commercial purposes, or in print publications without prior written consent from the Photographer;
• Modification, cropping, or altering photographs in a manner that removes or obscures photographer credit or that misrepresents the original image;
• Using photographs of any minor in any context that could embarrass, exploit, or harm the depicted individual;
• Sharing download links with any person other than the immediate household of the purchasing individual.

Personal sharing on personal (non-commercial) social media profiles, printing for personal keepsakes, and sharing within the immediate family are permitted uses. If you have questions about permitted use, contact us at legal@gamedaysnap.com.

7. Photographs of Minors

GameDaySnap is deeply committed to protecting the safety, privacy, and dignity of minors depicted on our Platform. We comply with the Children's Online Privacy Protection Act and all applicable privacy laws. Please review our Privacy Policy for full details on how we handle information related to minors.

GameDaySnap requires that all photographs of minors depict them engaged in organized athletic activity in publicly-accessible venues. Any photograph that is, in GameDaySnap's sole judgment, inappropriate, exploitative, or potentially harmful to any depicted minor will be removed immediately and the uploading Photographer's account will be suspended pending review. GameDaySnap will cooperate fully with law enforcement investigations involving content depicting minors.

8. Intellectual Property

Photographers retain all copyright ownership of their original photographs. GameDaySnap retains all intellectual property rights in the Platform itself, including its software, design, trademarks, logos, and original content (excluding Photographer content).

“GameDaySnap” and related logos are trademarks of GameDaySnap. You may not use our trademarks without our prior written consent.

9. DMCA & Copyright Complaints

GameDaySnap respects intellectual property rights and expects users to do the same. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). To report infringing content, please use our DMCA Takedown Form or contact our designated agent:

• DMCA Agent: GameDaySnap Legal
• Email: legal@gamedaysnap.com
• Address: GameDaySnap, [Address], United States

10. User Accounts & Security

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must notify us immediately at support@gamedaysnap.com of any unauthorized use of your account. GameDaySnap is not liable for losses caused by unauthorized access to your account resulting from your failure to maintain adequate security.

11. Prohibited Conduct

You agree not to:

• Attempt to circumvent or disable the watermarking system on preview images;
• Screen-capture, download, or otherwise copy watermarked preview images for any purpose;
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform;
• Use automated bots, scrapers, or data-mining tools on the Platform;
• Impersonate any person or entity or falsely represent your affiliation;
• Engage in any fraudulent transaction or abuse of the refund/dispute system;
• Attempt to bypass, disable, or interfere with any security or access control feature.

12. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. GAMEDAYSNAP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE PLATFORM.

13. Indemnification

You agree to indemnify, defend, and hold harmless GameDaySnap and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (d) your failure to obtain required permissions as a Photographer; or (e) any content you upload to or purchase from the Platform.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMEDAYSNAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF GAMEDAYSNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GAMEDAYSNAP'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO GAMEDAYSNAP IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms that cannot be resolved informally shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Delaware. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION PROCEEDINGS.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email to your registered address or a prominent notice on the Platform. Your continued use of the Platform after the effective date of changes constitutes acceptance of the revised Terms.

17. Contact

For questions about these Terms, contact us at: legal@gamedaysnap.com