Last Updated: 5/27/19
Purpose of the site
Shadower is an online platform that helps amateurs find experts to shadow in real life. Shadower allows for the creation of profiles for experts and amateurs, the posting of available shadowing sessions and independent contracting by the interested parties.
Users are required to register through shadower.app to use Shadower’s services. Registration is free and the personal information you provide is used to create a public user profile with information about your background, location, a profile photo and a list of your verified information (your "User Profile"). The data and information that you provide must be accurate and in no way mislead other Users. You will have access to your account with the email address and password provided upon registration. You should notify Shadower immediately of any unauthorized access of your account, unauthorized use of your password by a third party or if you have lost or forgotten their password.
You may, at any time, deactivate you account, which will remove from the Site personal data such as your Shadowing Profiles and User Profile. Some content, however, such as your reviews or ratings of another User may remain visible to the public.
Shadower reserves the right, at any time, to deactivate Users from the Site due to non-compliance with the conditions of these Terms of Service, communicating the cancellation of the account via email.
Shadower allows for the creation of User Profiles and Shadowing Profiles by every User, the creation and scheduling of individual shadowing sessions and the independent contracting of educational services through the act of shadowing by Users (the "Service" or "Services"). In particular, Shadower provides:
Shadower is (a) NOT a provider of educational services; (b) NOT responsible for the services provided by Users; (c) NOT responsible for the accuracy of the information provided or registered by Users; and (d) DOES NOT have any employment relationship with the Users offering shadowing opportunities on the Site.
Shadower monitors the actions of Users and can, if needed, moderate any content on the Site that may be in violation of these Terms of Service, as well as suspend or block the account of any User who is found to have violated these Terms of Service.
You must be at least 13 years of age to register on the Site. The parents, guardians or legal representatives of a minor who uses the site are responsible for all actions of that minor, including visiting the Site, causing damages to third parties during shadowing sessions, engaging in acts prohibited by law or violations of these Terms of Service. Shadower is not responsible for the control of access or misuse of the Site by underage Users. Shadower reserves the right to refuse a registration if these conditions are not met.
You are allowed to create and maintain only ONE User Profile on the Site. However, you are allowed, and even encouraged, to create multiple shadowing profiles ("Shadowing Profiles"), which contain all of the relevant information other Users will need to make an informed decision about shadowing you, including a description about your expertise, work experience, media, restrictions and other useful data.
To create a Shadowing Profile, you must be at least 18 years of age, provide a verified email address and phone number and pass a background check that includes, but is not limited to, the National Sex Offender registry (NSOPW), Office of Foreign Assets Control (OFAC) terrorist watch list and state and county public records pertaining to criminal convictions.
All Shadowing Profiles, once published, must meet a certain standard of quality, and falling short of that, the profile may be removed. When you create a Shadowing Profile, you must, where applicable, fully inform guests about (a) any risks associated with shadowing you, (b) any requirements for participation, including but not limited to minimum age, skill level, fitness or other necessary conditions and (c) anything else they may need to know to safely shadow you, such as dress code, equipment needs, special certifications or licenses, etc.
Shadower reserves the right to modify or remove any profiles that do not conform to the purpose of the site at its discretion, without the User being notified, and without having to provide justification. Shadower further reserves the right to suspend or terminate the Shadowing Profiles of Users who repeatedly receive negative ratings or reviews by other Users.
After creating your Shadowing Profile, you will be able to add particular shadowing sessions and choose to make them public or private. By choosing private, you agree that only the individual who booked the session through Shadower may attend that particular shadowing session. You further agree that additional guests for private sessions must be added through the platform by the person who booked the session.
You are responsible for the sessions you list and provide on your Shadowing Profile. Shadower itself is a service-based platform, who’s responsibilities are limited to providing a listing for shadowing opportunities and does NOT operate, manage, provide or control any shadowing sessions. Consequently, you are responsible for gathering all equipment required for your shadowing session and responsible to confirm that all equipment is in good working order, adhering to all laws regarding safety, inspection and operational use. Except as otherwise mandated by law, you assume all risk of damage or loss to your equipment.
Before allowing someone to shadow you, you agree that (a) you understand and comply with all laws that may apply to your type of work or profession, (b) you have acquired any necessary licenses, permits or registrations before your shadower arrives and (c) letting someone shadow you will not breach any contract you may have with a third party. You further agree for the shadowing to take place in person with you and not to use a third party in your place.
The scheduling of shadowing sessions must be made through the Site. If a User contacts you through your Shadowing Profile to request a time outside of your calendar, you are required to schedule through Shadower.
Payments for a session must occur prior to class via the platform with a credit card or PayPal. Paying through the platform is the only way to guarantee the protection of financial information, enforce the provisions of the cancellation policy and allow for mediation by Shadower in the event of a conflict. Shadower utilizes strictly PCI Level 1 certified payment processors to handle your financial information. Users who request or distribute money outside the platform for shadowing services may have their accounts suspended or terminated.
Before choosing to contract the educational services of other Users, you should evaluate their Shadowing Profiles and pay attention to:
Contracting the shadowing services of another User is done directly by you, independently, without any intervention of Shadower.
You are prohibited from exchanging methods of contact such as telephone, email, address, social media or other external communication with any User for the purpose of contracting shadowing services outside the platform.
Shadower provides a system for you to evaluate completed shadowing sessions, respecting the right to freedom of opinion. Completed evaluations are publicly published to a User's Shadowing Profile. These ratings, reviews or evaluations do not reflect the opinion of the Site. Only shadowing sessions selected and purchased through Shadower may be evaluated by Users.
Assumption of Risk
You agree that by using Shadower to provide or contract educational services, you do so at your own risk. Shadower is NOT responsible for the accuracy, completeness, adequacy, effectiveness, reliability or usefulness of the information or any other content provided on the Site by its Users. Consequently, you are advised to verify the accuracy of the information obtained and, if necessary, to take appropriate measures to protect yourself against any damages.
You further acknowledge that Users who provide shadowing sessions are independent contractors who operate a separate and distinct business from Shadower. As such, Shadower does not control the manner or method of services provided and is NOT responsible for the quality of the sessions or other attributes regarding what is offered.
Shadower collects and publishes information from a variety of Users and DOES NOT act as a consulting service or participant in any business that may be conducted between Users. If you provide shadowing sessions, you are considered an independent contractor, and nothing in these Terms of Service, or any agreement, is intended to establish a partnership, agency, employment or similar relationship between you and Shadower. You are solely responsible for all tax returns and payments required to be filed with, or made to, any state or local tax authority with respect to payment from other Users. No part of your payout will be subject to withholding by Shadower for the payment of any social security or any other employee payroll taxes.
Shadower does not participate or interfere, in any way, in the negotiation or execution of any transactions between Users. Shadower shall not be liable for transactions between Users or a User and a third party or be held responsible for any losses or damages incurred in connection with these transactions.
Cancellation and Absence Policy
You have 24 hours after booking a session to cancel for a full refund unless you book within 24 hours of the session's scheduled start time. Any cancellations outside the 24-hour window or made within 24 hours of the session's scheduled start time will be charged at the full rate without refund. However, you can contact Shadower to request a refund for extenuating circumstances. Shadower may distribute a partial or full refund on a case-by-case basis. If you miss your session, you will not be entitled to reimbursement of any amount.
In the event of an open dispute or complaint against another User, you must contact Shadower within 5 (five) days of the completed session to receive a refund. While mediating the conflict, Shadower will block payment to User providing shadowing sessions until the issue has been resolved.
After completing a session, you may request a refund via email with a full explanation justifying the request. Shadower reserves the right to deny the request.
Within your profiles, you may create or include personal information, evaluations, comments, messages, photos, video, questions and answers. Anyone can view the content made available by you on the Site.
You, and NOT Shadower, are solely responsible for the images, sounds, videos, materials and content on your profiles. You agree that you (a) have the rights, licenses, authorizations or permissions necessary to publish that information on the Site and (b) publishing that information does not infringe or violate the rights of any third party. Additionally, you are solely responsible for all content sent, disclosed or transmitted by email or made publicly available.
You are aware and agree that, in access and use of the Site, it is strictly prohibited to:
Content on the Site is subject to monitoring and moderation. Any content found to violate these Terms of Service will be removed. Any person, User or not, who feels injured in relation to any content, may send Shadower a notice requesting its withdrawal.
Shadower is committed to establishing meaningful, education-centered relationships between professionals and amateurs, regardless of race, color, ethnicity, national origin, religion, sexual orientation, gender, marital status, citizenship status or disability. We want to promote an inclusive culture within the shadowing community that goes beyond mere compliance with established law by fostering a culture of respect, inclusion and empathy. Prejudice, racism, hatred or discrimination will not be tolerated. We hope every member feels welcome on the platform and able to grow their knowledge and education regardless of upbringing, cultural background or lifestyle differences.
Experts are not allowed to:
Use and disclosure of user data
You are aware and agree that Shadower may use the email address you provided upon registration to send information, of any nature, related to Shadower’s Services.
You are aware and agree that the data you provide to Shadower by using the Site, including information regarding your identification and location, may possibly be preserved or provided to authorities in order to comply with judicial orders.
You grant Shadower the right to obtain, store, use, dispose, edit, publish, republish and reproduce your self-created content, such as evaluations, comments, questions, answers, images, audio, video, drawings, productions and illustrations posted and recorded on the Site.
If you create a Shadowing Profile on behalf of a non-profit organization, you must comply with the eligibility requirements of operating as a 501(c)(3). When you list sessions for the non-profit, you agree that (a) you are authorized to act on behalf of the organization and (b) all payouts will be placed into an account owned by the non-profit. You and your non-profit are responsible for obeying all laws that apply to your organization.
You are aware and agree that Shadower is not responsible for:
You acknowledge that Shadower is not required to maintain or store any content on the Site and may, at any time and for any reason, modify, suspend or discontinue the Site, without prior notice or obligation to Users.
You agree that Shadower may delete or disable your accounts, block your email or IP address, or otherwise terminate your access to or use of the Site (or any portion thereof) without notice and remove any content from the Site.
You acknowledge and agree that you are fully responsible for any damages arising from your actions or omissions in breach of this Terms of Service.
You agree to indemnify and hold Shadower, its executives, subsidiaries, affiliates, successors, directors, agents, Service providers, suppliers and employees harmless from any and all claims, losses, damages, liability, costs, debts or expenses (including, but not limited to, attorneys' fees and procedural costs) incurred due to: (a) misuse and access to the Site; (b) breach or non-observance of any provisions of this term; (c) infringement of any third party right, including, but not limited to, any intellectual property or privacy right; or (d) any claim that any content caused harm to third parties. Further, you understand that you have given up rights by agreeing to the terms in this Terms of Service and have done so freely and voluntarily, without inducement or coercion.
Intellectual Property Rights
The Site and all of its content, features and functionality, including but not limited to all information, images, video and audio, graphics, user interface and software used to implement the Services, are owned by Shadower, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may access the material on the Site only for your own personal, non-commercial use. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms of Service or by written agreement from Shadower. Distributing, renting, loaning, selling, modifying, downloading, storing, republishing, transmitting or exploiting any of the Site's Services or content without Shadower's expressed consent is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Modification to the Terms of Service
Shadower reserves the right to modify the Terms of Service at any time without prior notice by posting a new version on the site. Any changes to the Terms of Service will take effect immediately after their publication to the Site, with an indefinite term. By accessing the Site, after any changes, you automatically express your agreement with the modifications to the Terms of Service. If you find the updated terms unacceptable, your recourse is to stop using Shadower's Services.
Severability and Applicable Law
If any provision of these terms is found to be invalid or unenforceable, that part will be struck and not influence the validity and enforceability of the remaining provisions.
These terms and conditions are subject to United States law. In case of dispute, an amicable solution will be sought before taking any legal action. Failing settlement, these terms will be used as the legal basis and the Colorado judicial courts will have jurisdiction.
Don’t hesitate to reach out to us about any questions, issues, comments or concerns you may have!