Terms of Service
LAST UPDATED: April 23, 2018
These Terms of Service (“Terms,” or the “Agreement”) is a legal Agreement, please read it carefully. By using our Service, using Media produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms.
ProductPhotography.com is a Service (the “Service”), which primarily produces product photography and related work which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Media”). We produce Media by photographing products that you send us. Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms. Our website, which can be accessed at www.ProductPhotography.com is referred to as the “Website.”
ProductPhotography.com is owned and operated by ProductPhotography.com, LLC, a Nevada Limited Liability Corporation (“ProductPhotography.com,” “we,” or “us”). By using our Service, whether as an individual or as a representative of an entity that is using our Service, you’re a “Client” (or “you”) according to these Terms.
In order to use our Service, you must:
- Be at least 18 years of age and be able to enter into legal contracts;
- Submit a completed “Start your order” form;
- Agree to these Terms Of Service, and;
- Provide complete, true, and current, contact information.
We may update or make changes to these Terms by posting the revised Terms of Service on our Website. The revised Terms will take effect immediately, unless you have an active order in production, in which case the revised Terms will take effect on your next order.
If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when starting your order. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain “ProductPhotography.com” is added to a “whitelist” to help ensure delivery and that it is not flagged or deleted as junk or spam.
You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for such loss, damage or delays.
- Prohibited items. Please do not deliver to us any Merchandise that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any merchandise that is unlawful to possess in the State of Nevada or the United States.
- Shipping of Merchandise to us. When shipping Merchandise to our studio, please follow these guidelines:
- Packages should be carefully packed to ensure protection of the Merchandise.
- All packages should include your name, company name, address, email address, and phone number.
- All packages should include the reference number for your project, which is emailed to you when submitting the “Start your order” form.
- Shipments should be addressed to:ProductPhotography.com
6620 South Tenaya Way, Suite 140
Las Vegas, NV 89113
- Return shipping. If you specify return shipping when placing your order, we will return your Merchandise to you after completion of the project. You must provide a physical address (sorry, no PO boxes) for return. Due to import/export regulations, all return shipments must be to an address within the USA. The cost of return shipping and handling will be quoted prior to shipment. You may also pick up your products at our studio location during business hours if you do not want them to be shipped. All return shipments are subject to our Limitation of Liability in section 4 (d.) below.
- Limitation of liability for damage or loss of Merchandise. If your Merchandise becomes damaged or lost while in our possession, or during return shipment, we will, at our option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $500 USD regardless of quantity. For Merchandise valued greater than $500 USD you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage to Merchandise exceeding a total value of $500 USD.
- Storage. Upon request, we will store your Merchandise in our studio free of charge for up to 30 days after completion of your project. After 30 days, you must arrange with us for Merchandise to be returned, picked up, donated, or discarded. On the 60th day, Merchandise may be subject to our Abandonment policy in section 4 (g.) below.
- Donating or discarding. Occasionally, the value of some Merchandise may be less than the cost of return shipping. If you do not want the Merchandise returned to you at the completion of your project please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.
- Abandonment. If your Merchandise is in our possession and we aren’t able to reach you regarding its return, it will be considered abandoned after a period of time. If we try to reach you to obtain return shipping information or payment and 30 days passes without us receiving the necessary information or payment we will then email you a formal notice informing you that your Merchandise is at risk of being donated, discarded, or sold. If another 30 days passes and we still have not received your return shipping information or payment, your Merchandise will be donated, discarded, or sold and you will not receive compensation for the merchandise.
5. Invoicing and payment
- Payment terms. Payment is required to begin work on your project. When payment is received, your project is added to the next available opening on our production schedule. For projects less than $5,000 USD, full payment is required in advance. For projects above this amount, you have the option of submitting 50% of the total as a deposit, and the remainder due within 5 days from delivery of low-resolution watermarked images, which will be converted to full-size un-watermarked images after receipt of the balance.
- Non-payment. If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Media we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Media from being published, reproduced, or displayed.
- Refund policy. Payments made to us are refundable under certain circumstances as outlined below:
- We are unable to complete part or all of of your order. In this case only that portion which we were unable to complete will be refunded.
- Rush projects not completed by the deadline. In the event a rush order is not completed on time, we will refund the rush fee portion of the project. No other refunds will be made for rush orders delivered after the deadline indicated on the invoice.
- You cancel your order within the specified time. If you have already submitted payment, you may cancel your order by sending an email to firstname.lastname@example.org requesting cancellation. Cancellation requests must be made within 24 hours of payment. Refunds are not possible for projects cancelled more than 24 hours after payment. Due to tight time constraints, rush orders may not be cancelled.
Refunds will be processed via the same method as the payment was made. Credit card payments will be refunded to the same card payment was made. Payments by check will be refunded by company check.
6. Production process
- Alterations and accuracy. As part of our creative process, you agree we can make any alterations to the Media that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary.The Media is our artistic interpretation of the Merchandise we photograph for you. We do not guarantee that the Media will be a flawless or perfectly accurate representation of your Merchandise. It’s your responsibility to ensure the Media is appropriate for the final intended use and that it doesn’t misrepresent the Merchandise. We will not be responsible for any claims by you or a third party that the Media misrepresents the Merchandise.
- Creative direction. As the client, you may elect to provide creative direction over any aspect of the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so it can be properly recorded on the invoice. Please ensure this creative direction has been correctly recorded to the invoice, prior to payment. You are not required to provide direction on creative aspects of your project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team.
- Invoice details all direction. We will complete your order as it is described on the invoice. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described on the invoice and its attachments. It is very important that you carefully read the invoice and all its attachments to ensure it accurately describes the work you’d like us to perform for you. If the invoice is not accurate, please do not submit payment. Instead, contact your project manager and they will make the necessary changes. By submitting payment for an invoice, you agree the invoice correctly describes the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order as written on the invoice, the invoice shall govern.
- Review period. Immediately after the project is complete you will receive an email containing a link and password to view and download the Media. We allow up to 10 days for you to provide us with feedback regarding the delivered Media. After 10 days, if we have not heard from you, your order will be closed and your Merchandise will be shipped back, donated, or discarded, as you have requested and as indicated on the invoice.
- Reshoots and edits. During the review period you may contact us to request changes to the Media such as reshoots, edits, or additional photos. Upon request, we will reshoot or edit photos free of charge under the following circumstances:
- Work not completed as specified on the invoice and accompanying shot list. If we make an error and deliver work that is not correct as specified on the invoice and its accompanying shot list, we will reshoot or edit the work, as needed, to correct the error.
- You request images to be edited. If you see anything in the Media that you’d like us to touch-up, we will be happy to perform one (1) round of editing, free of charge, at your request to further adjust details such as color, tone, minor blemishes, and any other adjustments that can be made without reshooting the Media.
Some change requests made during the review period may require an additional charge. Examples include:
- Additional photos. If you request additional photos that were not previously included on the invoice we will inform you of the cost and request payment prior to completion of the work.
- Reshoots. If we’ve photographed images as they are described on the invoice but you’d like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we will quote an additional charge to cover the cost of reshooting them.
- Image hosting service. After production is complete, your Media will be delivered through our Image Hosting Service. We will email you a link and a password so you can view and download all work that we’ve completed for you.We contract with a third party vendor who manages the website and software that runs our Image Hosting Service. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime. You agree that we are not responsible for delays associated with the availability of the Media delivered through our Image Hosting Service. We recommend that you make backup copies of all Media for your records in the event of data loss. We are not obligated to store or archive the Media for you and if we do this as part of our Image Hosting Service, such storage should be considered as a convenience only.
- Intellectual property. Unless specifically agreed to in writing and separate fees are paid, all applicable copyrights related to the Media delivered to you through our service remain the property of ProductPhotography.com. Your use of the media is governed by the Media License Agreement.
- Access and use of content. Unless noted otherwise, all materials on the Website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the Website (collectively, the “Contents”) are copyrighted property owned by ProductPhotography.com, one of its affiliates, or by third parties who have authorized their materials for use on our Website and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Contents of this Website and the method of presentation of these materials.You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Contents, the Website, or any related materials, except that we grant you non-transferrable, non-exclusive, limited permission to access Content and display this Website on your computer or device. This permission is on the condition that you do not modify the Content on this Website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any Content contained within this Website.Notwithstanding the above, any Media made available by this Website or our Image Hosting Service as deliverable work product produced by us for you, will be governed by our Media License Agreement.
- Website security Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:
- Unauthorized access. Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
- Vulnerability scanning. Attempting to scan or test the vulnerability of the Website or any system or network associated with the operation of ProductPhotography.com without proper authorization.
- Interference. Attempting to interfere, without limitation, with service between the Website and any user, with the secure operation of the Website, or with the stability of the Website via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
- Spamming. Sending unsolicited email, including promotions and/or other advertising of products or services.
- Accuracy. We make every effort to ensure the accuracy of the information contained on this Website. However, we are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our website please contact us so we can fix it.
- Linked Websites. This Website may contain links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services.
- Internet transmission problems and viruses. Due to transmission problems or technical difficulties with the Internet or this Website, it is possible for you to receive inaccurate incomplete, or outdated copies of information from this Website. It is also possible for computer viruses or malicious software to affect this Website or be inadvertently downloaded from this Website.We shall not be responsible for any inaccurate or incomplete information delivered to you as a result of a technical or transmission problem. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this Website. We recommend you use appropriate commercially available antivirus software to help protect yourself from this type of attack.
Our current pricing is published on the pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed.
10. Refusal of service
If we feel your project is not a good fit, we reserve the right to refuse service and decline the project.
You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.
You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.
13. Limitation of liability
You assume full responsibility for any loss that results from your use of our Service or Media, to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.
14. No warranty
The Service we provide, and the Media we produce, to the maximum extent permissible by law, is provided “as is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability and fitness for a particular purpose.
If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.
16. Attorney fees
If we file legal action against you for breach of these Terms and we prevail, we are entitled to reasonable attorney fees and any damages or other relief that we are awarded.
17. Equitable relief
If you violate these Terms we may seek injunctive relief from the courts or other equitable relief.
You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.
19. Governing law
These Terms shall be governed and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada and without effect to any Nevada laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Media must be held in the State and Federal courts in Clark County, Nevada.
20. Entire Agreement
If you have any questions about this Agreement, our Website, or any of our services please direct these inquiries to:
6620 South Tenaya Way
Las Vegas, NV 89113
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