These Terms of Service (“Terms”) govern your use of Cap Share, the event photo and video sharing service available at cap-share.com (the “Service”), operated by Choice Technology Solutions, LLC (“Cap Share,” “we,” “us,” or “our”). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian. By using the Service you represent that you meet these requirements.
Accounts and Access
Hosts create accounts using a passwordless email sign-in link or a Google account and are responsible for activity under their account and for keeping access to their email secure. Guests may join an event without creating an account by entering a display name; that name is shown alongside their uploads. You are responsible for the accuracy of the information you provide.
Plans, Features, and Limits
Current plans and limits are:
- Free event: one event per host, up to 100 photos and up to 10 minutes of video total (clips up to 20 seconds each), with media retained for approximately 90 days after the event date. Cap Share branding is shown.
- Paid event: a one-time charge of $19.99 per event unlocks up to 5,000 photos and up to 3 hours of video total (clips up to 5 minutes each), media retention of approximately one year, removal of Cap Share branding, and customization such as a cover photo, theme, accent color, and custom join code.
Limits, features, and pricing may change over time. We will make commercially reasonable efforts to communicate material changes that affect active events.
Payments and Refunds
Paid events are purchased through our payment processor, Stripe. Charges for paid events are one-time fees per event and are generally non-refundable except where required by law or expressly granted by us at our discretion. You are responsible for any applicable taxes. By purchasing, you authorize the charge to your selected payment method.
Your Content and License
You retain ownership of the photos, videos, and messages you upload (“Content”). You grant Cap Share a limited, non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, and display your Content solely to operate and provide the Service (for example, optimizing images, generating video thumbnails, and showing uploads in the event gallery). You represent that you own or have the necessary rights to your Content and that you have obtained any consents needed from people who appear in it.
Acceptable Use
You agree not to use the Service to upload, share, or do any of the following:
- Illegal content, or content that infringes intellectual property or privacy rights;
- Sexually explicit material involving minors, or any content exploiting or endangering children;
- Private or sensitive material about a person without their consent;
- Harassment, hate speech, threats, or content that is defamatory or abusive;
- Malware, spam, or attempts to disrupt, overload, reverse engineer, or gain unauthorized access to the Service;
- Any use that violates applicable law or another person’s rights.
Moderation and Removal
Hosts are responsible for moderating their event galleries, including reviewing and approving uploads where host-approval is enabled. Cap Share may, but is not obligated to, review, remove, or restrict access to Content or accounts that we believe violate these Terms, are unlawful, or are harmful to users or the Service.
Data Retention and Deletion
Event media is retained according to the event’s plan and is scheduled for permanent deletion afterward. Deleted events are removed permanently after a short retention window. See our Privacy Policy for details.
Intellectual Property
The Service, including its software, design, and the Cap Share name and logo, is owned by Choice Technology Solutions, LLC and protected by applicable laws. These Terms do not grant you any right to use our trademarks or branding without our prior written permission.
Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that Content will be preserved beyond the retention periods described above.
Limitation of Liability
To the fullest extent permitted by law, Cap Share will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or content, arising out of or related to your use of the Service. To the fullest extent permitted by law, our total liability for any claim relating to the Service will not exceed the amount you paid us for the event giving rise to the claim in the 12 months before the claim.
Indemnification
You agree to indemnify and hold Cap Share harmless from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your Content, your use of the Service, or your violation of these Terms or the rights of others.
Termination
You may stop using the Service at any time. We may suspend or terminate access to the Service or any account if we believe these Terms have been violated or to protect the Service or its users. Sections that by their nature should survive termination (such as content licenses already granted, disclaimers, limitations of liability, and indemnification) will survive.
Governing Law
These Terms are governed by the laws of the United States and the State of South Carolina, without regard to conflict-of-law principles. You agree that the state and federal courts located in Horry County, South Carolina will have exclusive jurisdiction over any disputes that are not subject to other agreed dispute-resolution processes.
Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, provide notice through the Service. Your continued use after changes take effect constitutes acceptance of the updated Terms.
Contact Us
Questions about these Terms can be sent to [email protected].