ProductPhotography.com Terms of Service

These Terms of Service (the “Terms”) are a legal agreement between you and ProductPhotography.com, LLC (“ProductPhotography.com,” “we,” “us,” or “our”). Please read them carefully.

By submitting a Start Your Order form, approving an estimate or invoice, paying for our services, delivering merchandise to us, using our website, or using any content we create for you, you agree to these Terms.

If you are placing an order on behalf of a company, brand, agency, or other entity, you represent that you have authority to bind that entity to these Terms.

1. Who we are

ProductPhotography.com, LLC is a Nevada limited liability company that provides product photography and related creative production services and produces content for commercial use. Our services and deliverables may include, without limitation, photographs, graphics, video, audio recordings, artwork, renders, composites, designs, layouts, and other related content.

In these Terms:

• “Service” means the services we provide.
• “Content” means the photographs, videos, graphics, renders, composites, layouts, designs, and other deliverables we create.
• “Merchandise” means any products, props, packaging, samples, or other physical items you send to us or ask us to use in connection with your project.
• “Order Documents” means your invoice, estimate, shot list, creative brief, quote, email-confirmed scope, and any written attachments we provide or approve.
• “Website” means www.productphotography.com.

2. Eligibility

To use our Service, you must:

1. be at least 18 years old and able to enter into a binding contract;
2. provide current and accurate contact, billing, and shipping information; and
3. comply with these Terms and all applicable laws.

3. Orders and acceptance

Submitting a Start Your Order form or contacting us about a project does not obligate us to accept the project. A project is accepted only when we issue an invoice or other written approval and, if required, receive payment.

We may decline a project at our discretion, including if the project is not a good fit, presents unusual legal or operational risk, or involves prohibited content.

4. Order Documents control the scope

Our work will be performed according to the Order Documents. The Order Documents are important because they define what is included in your project.

Please review your invoice, shot list, and any attachments carefully before submitting payment. If something is inaccurate or incomplete, tell us before payment is made.

Once payment is submitted, you agree that the Order Documents correctly describe the work you want us to perform. If there is any conflict between prior conversations and the written Order Documents, the Order Documents control.

5. Changes to these Terms

We may update these Terms from time to time by posting a revised version on our Website.

For new orders, the version in effect on the date you place the order will apply, unless we agree otherwise in writing.

6. Communications

We may contact you using the email address, phone number, and mailing address you provide to us. You are responsible for keeping your contact information current.

Email is our primary method of communication for project, billing, delivery, and legal notices. You agree that notices sent to the email address you provide are effective when sent.

7. Merchandise

7.1 Shipping to us

You are responsible for the cost of shipping Merchandise to us, including any insurance you choose to purchase. We recommend using a carrier with tracking and signature confirmation.

We are not responsible for loss, delay, theft, or damage that occurs while Merchandise is in transit to our studio.

7.2 Return shipping

If return shipping is requested, we will return your Merchandise after the project is complete, subject to payment of any applicable return shipping, handling, or packaging charges.

Return shipments must be to a physical address within the United States unless we agree otherwise in writing.

7.3 Condition of Merchandise

You are responsible for sending Merchandise in suitable condition for photography or production. We are not responsible for pre-existing defects, hidden damage, weak packaging, manufacturing flaws, or normal wear resulting from ordinary handling reasonably necessary to perform the project.

7.4 Loss or damage while in our possession

If Merchandise is lost or damaged while in our possession, or during return shipment arranged by us, our total liability for that Merchandise will be limited to the lesser of:

1. the reasonable replacement cost of the affected Merchandise; or
2. $500 USD total per order.

If your Merchandise is worth more than $500, you should insure it separately. We do not provide bailee insurance or any special insurance for high-value items unless expressly stated in writing.

7.5 Storage

If requested, we may store your Merchandise for up to 30 days after project completion at no charge. After that, storage is not guaranteed.

If you want us to hold Merchandise longer, that must be agreed to in writing and may require additional fees.

7.6 Donation, disposal, and abandonment

If you instruct us not to return your Merchandise, we may donate, recycle, or discard it at our discretion.

If your Merchandise remains with us and we are unable to obtain instructions, return information, or required payment for return shipping, we may treat the Merchandise as abandoned after giving notice by email and a reasonable opportunity to respond.

If abandoned, title to the Merchandise will transfer to us, and we may donate, dispose of, sell, or otherwise handle it without compensation to you.

7.7 Prohibited items

Do not send us any Merchandise that is unlawful to possess, dangerous, explosive, toxic, biohazardous, perishable in an unreasonable way, or otherwise unsuitable for our studio environment.

We may refuse, quarantine, return, or dispose of prohibited items at your expense where legally permitted.

8. Pricing, deposits, and payment

Current pricing may be posted on our Website, but quoted pricing for your project will be shown on the applicable Order Documents.

Unless otherwise stated in writing:

1. projects under $5,000 require payment in full before work begins;
2. projects of $5,000 or more may require a 50% deposit, with the balance due as stated on the invoice; and
3. no license to use final Content is granted until all amounts due are paid in full.

We may pause scheduling, production, delivery, revisions, or release of final files if payment is late or incomplete.

You are responsible for any sales tax, use tax, VAT, duties, wire fees, or similar charges that apply to your order.

9. Cancellations and refunds

Payments are refundable only as expressly stated in these Terms or in the applicable Order Documents.

Unless otherwise stated in writing:

1. you may cancel a standard project within 24 hours of payment if production has not yet started;
2. rush projects may not be cancelable once scheduled;
3. if we miss an agreed rush deadline solely due to our fault, our maximum refund obligation is limited to the rush fee charged for that deadline; and
4. once production has begun, deposits and payments are generally non-refundable because time and production capacity have been reserved.

If we refuse a project before beginning work, we will refund amounts paid for unperformed work.

10. Production process and creative judgment

10.1 General creative authority

Unless specific direction is included in the Order Documents, creative decisions are left to our professional judgment. This includes choices relating to lighting, styling, camera angle, crop, composition, focus, color treatment, retouching, compositing, and layout.

10.2 Your direction

You may provide creative direction, but it must be clearly reflected in the Order Documents to be binding. It is your responsibility to confirm that your instructions have been recorded accurately before payment.

10.3 Artistic interpretation

Our work is a professional and commercial interpretation of your product, not a scientific measurement or forensic record. Minor variation in color, brightness, texture, reflection, scale perception, and appearance may occur due to materials, screens, printing, lighting, rendering, retouching, and platform limitations.

11. AI-assisted production, retouching, compositing, and CGI

We may use traditional editing tools, compositing workflows, CGI / 3D rendering, and AI-assisted tools as part of our production process unless the Order Documents state otherwise.

These workflows may include, for example:

• cleanup and retouching;
• color and tone adjustments;
• extension or replacement of backgrounds;
• compositing of multiple captures;
• generative fill or content-aware reconstruction of limited image areas;
• creation or enhancement of shadows, reflections, surfaces, environments, props, or graphic elements;
• CGI / 3D generated objects, scenes, or product visualizations; and
• other post-production methods reasonably used to create the agreed deliverables.

You understand and agree that:

1. some deliverables may contain a combination of photographed, rendered, composited, or AI-assisted elements;
2. unless the Order Documents specifically require documentary accuracy, our deliverables may include reasonable visual enhancements made for commercial presentation;
3. you are responsible for reviewing and approving final deliverables for suitability, accuracy, disclosure, and compliance with your intended use, marketplace rules, ad platform rules, and applicable law; and
4. we do not guarantee that any marketplace, platform, regulator, or third party will treat a deliverable as non-AI, exempt from disclosure, or acceptable for a particular use.

If you want us to avoid specific tools or workflows, including generative AI tools, that restriction must be agreed to in writing before production begins.

12. Accuracy and product claims

You are responsible for ensuring that the final use of the Content does not misrepresent the product, its features, its quantity, its size, its color, its performance, or any claim made in connection with it.

We do not verify your product claims, warnings, legal disclosures, ingredient statements, performance claims, patent markings, certifications, or regulatory compliance. If you direct us to emphasize, omit, or alter a visible feature, you are responsible for the legal and commercial consequences of that direction.

13. Review period, revisions, and reshoots

13.1 Review period

After delivery, you will have 14 days to review the Content and notify us of any issues.

If we do not hear from you within that period, we may treat the project as accepted and closed.

13.2 Included corrections

If the delivered work does not match the Order Documents, we will make reasonable corrections at no additional charge.

We also include one round of reasonable minor edits to delivered images when requested during the review period, provided the requested changes can be made without a reshoot and are consistent with the original scope.

13.3 Additional revisions or reshoots

Additional edits, additional images, expanded scope, changed creative direction, or reshoots requested after delivery may require additional charges and schedule adjustments.

If we photographed or produced the project according to the approved scope and you later want different lighting, styling, angles, layout, retouching approach, CGI treatment, or creative direction, that work is billable as new or revised work.

14. Delivery and hosting

Final delivery will be made through the client gallery in our image hosting area.

We may continue to host delivered files there after delivery for your convenience and ongoing access. We generally intend to keep client files available as long as reasonably practical and as long as we remain in business.

However, our hosting is not a guaranteed storage, archival, or backup service. We are not obligated to host files indefinitely, forever, or for any minimum period of time, and we may discontinue hosting or remove files if business, operational, technical, legal, or security reasons make that necessary or advisable.

You are responsible for downloading and maintaining your own copies and backups of all delivered files. We are not responsible for any loss resulting from your failure to do so, or from outages, transmission issues, account issues, security incidents, or discontinued hosting.

15. Ownership of Content and working files

15.1 Our ownership

Except for rights expressly granted to you in these Terms, all Content and all related intellectual property remain our property.

We retain all copyright and other rights in the Content unless we expressly transfer those rights to you in a separate written agreement signed by us.

15.2 Working files not included

Unless expressly stated in the Order Documents, your purchase does not include transfer of:

• RAW files;
• layered Photoshop files;
• source composites;
• project files;
• layout files;
• video project files;
• Cinema 4D, Redshift, CAD, or other 3D scene files;
• textures, simulations, node graphs, or source render assets;
• unused captures;
• alternate takes;
• test renders;
• internal notes; or
• any other production or source materials.

Those materials remain our property unless separately licensed or sold in writing.

16. Your license to use final deliverables

Subject to full payment and compliance with these Terms, we grant you a perpetual, worldwide, non-transferable license to use the final delivered Content for your business and marketing purposes.

This license includes the right to:

1. publish and display the Content in digital and print media;
2. use the Content in advertising, ecommerce, packaging, presentations, catalogs, websites, social media, email, video, and similar business uses;
3. crop, resize, adapt, and create derivative works from the delivered Content for your own end use; and
4. provide the delivered Content to your employees, contractors, printers, ad platforms, marketplaces, and agencies solely to support your own end use.

This license does not allow you to:

1. sell, license, or redistribute the delivered files as standalone stock assets;
2. claim authorship of the Content;
3. register the Content itself as a trademark or logo; or
4. transfer the license to another unrelated party except in connection with a sale of the business that received the license.

If you need broader rights, source files, ownership transfer, white-label terms, or a different licensing structure, that must be agreed to in writing.

17. Portfolio use, self-promotion, and confidentiality

Unless the Order Documents state otherwise, we may display the finished Content, your brand name, and a general description of the project in our portfolio, case studies, social media, award submissions, pitches, and other self-promotional materials.

If your project involves an unreleased product, confidential launch, embargoed campaign, private-label work, agency white-label work, or other sensitive material, you must tell us before production begins. Any restriction on our promotional use must be stated in writing in the Order Documents.

We will use reasonable care with non-public project information you clearly identify as confidential, but we are not subject to any special confidentiality or NDA obligations unless separately agreed in writing.

18. Third-party materials and stock assets

Some projects may incorporate third-party materials, including stock photography, stock video, illustrations, fonts, music, templates, plugins, or other licensed assets.

Unless the Order Documents state otherwise, any stock photography or similar stock visual assets included in a project will typically be licensed through Adobe Stock under Adobe’s then-current standard license terms, or under a broader Adobe license if specifically purchased for that asset.

If Adobe Stock assets are included in your project, your rights in those assets are limited to the rights we are permitted to pass through to you under the applicable Adobe license. In general, under Adobe’s standard stock license, this means:

1. the asset may be used as incorporated into your final project deliverables on a perpetual, worldwide basis;
2. web, social, email, and similar digital display uses are generally allowed without a view limit;
3. print, packaging, and similar reproduced uses are generally limited to 500,000 copies unless a broader license is obtained;
4. the stock asset may not be extracted, reused, sold, sublicensed, shared, or distributed as a stand-alone file;
5. the stock asset may not be used on merchandise, templates, or other products for resale where the primary value of the product is the stock asset itself unless a broader license is obtained; and
6. the rights apply only to the client and project covered by the applicable Order Documents.

Because Adobe may update its license terms from time to time, the current Adobe Stock license terms in effect for the asset at the time it is licensed will control to the extent required. If there is a conflict between this summary and the applicable Adobe license, the applicable Adobe license will control for that asset.

If a project requires rights beyond Adobe’s standard license, including higher print quantities, resale merchandise rights, template rights, or other expanded usage rights, the added licensing cost is your responsibility unless we agree otherwise in writing.

If we ever use a third-party asset provider other than Adobe Stock for a particular project, the applicable third-party provider’s license terms will govern that asset.

19. Merchandise and third-party intellectual property

You represent and warrant that you have all rights necessary for us to photograph, render, retouch, composite, publish, and deliver the project materials you provide or direct us to use.

This includes rights relating to trademarks, logos, packaging, artwork, industrial designs, copyrighted material, and other content visible on your products, props, inserts, or supplied files.

You are responsible for obtaining any required permissions, clearances, releases, or approvals relating to your Merchandise and supplied materials.

20. Models, locations, and releases

If we provide models or arrange model photography as part of the project, we will obtain the releases customarily required for the intended licensed use stated in the Order Documents.

If you provide a model, location, influencer, spokesperson, or other third-party participant, you are responsible for obtaining all required permissions and releases unless we expressly agree otherwise in writing.

21. Website use

All content on our Website is owned by us or used with permission. You may view the Website for your own informational use, but you may not reproduce, republish, scrape, copy, redistribute, reverse engineer, or exploit Website content except as permitted by law or with our written permission.

You may not attempt to interfere with the Website, probe its security, introduce malicious code, overload its systems, or use it for unlawful or abusive purposes.

22. Suspension, refusal, and termination

We may refuse, suspend, or terminate service if:

• you breach these Terms;
• you fail to pay amounts due;
• the project presents legal, ethical, operational, or reputational risk;
• required information or materials are not provided; or
• continuing the project would be impractical or unsafe.

If a project is terminated after work has begun, you remain responsible for payment for work performed, time reserved, expenses incurred, and non-cancelable commitments.

23. No warranties

To the maximum extent permitted by law, the Service, the Website, and the Content are provided “as is” and “as available.”

We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Content will meet your exact preferences, perform on every platform, or be accepted by every retailer, marketplace, ad platform, or regulator.

24. Limitation of liability

To the maximum extent permitted by law:

1. we are not liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost sales, business interruption, reputational harm, loss of goodwill, or data loss;
2. we are not liable for delays or failures caused by carriers, vendors, platforms, outages, cyber events, force majeure events, or events outside our reasonable control; and
3. our total aggregate liability arising out of or relating to any order, the Service, the Content, the Website, or these Terms will not exceed the total amount paid by you to us for the specific order giving rise to the claim.

The separate Merchandise cap in Section 7.4 still applies to claims for loss of or damage to physical Merchandise.

25. Indemnification

You agree to defend, indemnify, and hold harmless ProductPhotography.com, LLC and its owners, officers, employees, contractors, and affiliates from and against third-party claims, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

1. your products, product claims, labeling, instructions, warnings, advertising, or regulatory compliance;
2. materials, products, or directions supplied by you;
3. your breach of these Terms;
4. your use of the Content;
5. claims that your Merchandise, supplied files, trademarks, packaging, or instructions infringe third-party rights; or
6. your publication or use of Content in a way that is misleading, unlawful, or non-compliant.

26. Force majeure

We are not responsible for delay or non-performance caused by events beyond our reasonable control, including natural disasters, fire, utility outages, strikes, supply chain disruptions, shipping interruptions, pandemics, government actions, civil unrest, labor shortages, vendor failures, cyber incidents, or equipment failure not caused by our intentional misconduct.

27. Disputes, governing law, and venue

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules.

Any dispute arising out of or relating to these Terms, the Service, or the Content must be brought exclusively in the state or federal courts located in Clark County, Nevada, and each party consents to that venue and jurisdiction.

28. Attorneys’ fees

If any action is brought to enforce these Terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by law.

29. Assignment

You may not assign your rights or obligations under these Terms without our prior written consent, except in connection with a sale of the business receiving the license. We may assign these Terms in connection with a reorganization, sale, merger, or transfer of assets.

30. Severability; no waiver

If any provision of these Terms is found unenforceable, the rest will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.

Our failure to enforce any provision is not a waiver of our right to enforce it later.

31. Entire agreement

These Terms, together with the applicable Order Documents and any other written agreement signed by both parties, form the entire agreement between you and us regarding the project and supersede prior discussions or understandings on that subject.

Questions about these Terms can be sent to info@productphotography.com.