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Terms & Conditions

Legal Definitions

  • The “Client” is the person or entity, specified on the invoice, who has commissioned productshots123.com to produce and deliver photography of their product(s).
  • “Image(s)” means all viewable renditions furnished by productshots123.com however produced or
    stored and delivered from or by any medium whatsoever.
  • “Product(s)” means any item whatsoever that is sent to productshots123.com to be photographed.

By sending products to productshots123.com, for photography, the Client agrees to be bound by the following Terms and Conditions and to all laws and regulations applicable to the use of this website. productshots123.com may revise and update these Terms and Conditions and any other material presented within this website. We may also make changes to products, services, and pricing without notice.

If any part of this Agreement is 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 of this Agreement shall remain in full force and effect. If productshots123.com chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of productshots123.com’s rights with respect to such a breach or any subsequent breaches of this Agreement. This Agreement shall be governed and construed under Pennsylvania law as such law applies to agreements between Pennsylvania residents entered into and to be performed within Pennsylvania. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in Pennsylvania.

Client’s Instructions & Permissions

  • We encourage the client to provide specific written instructions on angle, view, positioning, etc. These
    instructions must be supplied before the scheduled shooting date. Lack of these instructions
    demonstrates the client’s permission to leave the composition and layout of each product to the
    discretion of the photographer.
  • The client attests that it has obtained all relevant permissions to allow productshots123.com to photograph all product(s) sent to productshots123.com. The client expressly agrees to defend, indemnify and hold productshots123.com harmless from any claim that should arise related to any photograph taken at the client’s request.

Client Payments & Refunds

  • A non-refundable deposit of 50% is required before beginning work. The remaining balance is due upon approval of your photographs.
  • An invoice will be sent to the client. Payments can be made with a credit card or direct bank deposit.
  • If an overpayment was made by the client, productshots123.com will refund the difference within 2
    days of the error being recognized.
  • All refunds are made to credit card that it was processed on.

The Client’s Product

  • The product we receive is the product we will photograph. Please send us the best samples of your product. Make sure your product is clean and free of flaws and that labels are placed correctly.
  • We check the contents of all packages for damage when we receive them. If the product arrives damaged you will be alerted quickly and a given the opportunity to send a new item.
  • Most products only require basic retouching; which productshots123.com provides free of charge. More extensive retouching, color matching, and special effects are available at an extra charge.

Image Approvals

  • When the photography session is completed, we will send the client a link to our password protected online proofing gallery so the images can be reviewed. After the client approves the images, we email you an invoice for the balance. When payment is received in full, we then email the client a link to download the images.

Re-Shoots

  • We encourage client to provide specific written instructions on angle, view, positioning, etc. We also recommend the client include visual examples such as comps, layouts, drawings, cell phone images, or reference URLs to help guide the photographer. Lack of these instructions before the scheduled photo session demonstrates your permission to leave the composition and layout of each product to the discretion of the photographer. If no instructions were provided you lose your right to a refund, revision or approval.
  • We make every reasonable effort to produce excellent images. If the client has provided clear and precise instructions and is unhappy with the image proof, we will reshoot, one time, at no additional charge. Note: Additional charges will apply when a re-shoot is requested due to no fault of productshots123.com. For example; if the client wants different product in the photo, changes his/her mind on the angle or positioning; or has changes to any of his/her original instructions.
  • Disapproval must be expressed in detail as a phone call or email and very specific changes must be made clear.
  • All re-shoots will be given an extra 7 days turn around time.
  • Using the images after a refund is a violation of copyright law and such violations will be pursued.

Turn Around Time & Delays

  • Turn around times begin the day we receive the client’s product and deposit.
  • We do our best to complete all jobs within seven business days of receiving the product and deposit. Unusually large or complicated orders may take longer. We cannot be held responsible for delays due to situations out of our control such as acts of God or power outages.
  • We do not have a rush service policy. We work on a first-come, first-served basis. If you need your images in a rush let us know. If we have the time, we will get it done at no additional charge.

Image Files, Sizing & Resolution

  • We capture all images with a 21 megapixel camera. The maximum file size is approximately
    12.5”x18.7” @ 300dpi or 3750 pixels x 5610 pixels. We will capture your product as large as we can
    within those parameters. Uses of the images larger than this, such as billboard, vehicle clings, large
    convention displays, may not render or print with the optimal quality and is not covered by our quality
    guarantee.
  • Images can be provided at a specific size (within the above parameters), if requested by the client, for
    no extra charge.
  • A Simple Path is included at no extra charge. A path is an outline that is drawn, in Photoshop, around your product. A path isolates the product from the background and allows your designer to easily remove your product from the background. A Simple Path is a path that can be created easily. An example of an item with a Simple Path would be a box. A bouquet of flowers would not have a simple path. Generally a Simple Path would take us under five minutes to create.
  • More complicated paths are available at an extra charge. The client will be informed if his/her product
    does not qualify for a free Simple Path before a path is created. We will not create a complicated path without the client’s permission.
  • Images are delivered large enough for printable uses of a maximum of size of 8.5×11 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution.
  • We use cameras and monitors that are color calibrated to industry standards. Due to variances in other monitors, software and computer platforms, the Image(s) may display differently on other monitors. Neutrals will be set for mathematical neutrality and color will be adjusted for pleasing tonalities.
  • It is the Client’s responsibility to verify that the digital data are suitable for reproduction of the expected quality and color accuracy, and that all necessary steps are taken to ensure correct reproduction. If the data are not deemed suitable, Photographer’s sole obligation will be to replace or repair the data, but in no event will Photographer be liable for poor reproduction quality, delays, losses, expenses, or consequential damages, resulting directly, or indirectly, from defects or errors in digital files or their use.

Shipping and Return of Products

  • The client is responsible for all shipping arrangements and cost of products, to and from
    productshots123.com.
  • productshots123.com will not be held responsible for items damaged or lost during shipping.
  • It is the client’s responsibility to include their contact information, a list of contents included in each package, an order summary and written shooting instructions for angle, view, positioning, etc. in the box prior to shipping. Failure to include these items in each shipment may result in a scheduling delay.
  • Return shipping is at the client’s expense.
  • Return shipping of products is optional and must be requested by the client.
  • The client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder and warrants that said materials are adequately insured against loss, damage or liability. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the photographer in connection with any claim arising out of the use of said materials hereunder.
  • Non-perishable products will be stored for 30 days after approval of the images. After 30 days, productshots123.com shall become the owner of the products and they may be disposed of, sold or donated.

Image Ownership and Usage

  • All images and rights remain the exclusive property of productshots123.com and are protected by the U.S. and International Copyright Laws and may be used in productshots123.com promotional material.
  • Ownership is different from usage. The client is given world-wide, non-transferable, unlimited usage rights for an unlimited amount of time, in any mediums and alterations for promotional and advertising purposes.
  • The client is prohibited to license, rent, lease, assign, sublicense, sell or otherwise transfer ownership
    of the images to any other party as their own, license the images to others or give images to others for 3rd Party Usage. This includes reselling the images or placing them in stock for profit.

Third Party Usage

  • All Third Party Usage must be negotiated separately with productshots123.com.
  • Third Party Usage is when an image or graphic is used, in any way shape or form, by someone other
    than the intended client. Do not share images you commission productshots123.com to create with
    any other entity. This is a violation of National Copyright Laws. More information can be found here:
    http://www.copyright.gov/title17/92chap5.html

These Terms & Conditions are Binding

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of productshots123.com. Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and the Client is bound by, oral authorizations for fees or expenses, which could not be confirmed in writing because of insufficient time. This agreement incorporates, by reference, Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as
amended.

 

Disputes

  • Any dispute regarding this agreement or work performed by productshots123.com shall be at productshots123.com’s sole discretion, either handled by the arbitration entity selected by productshots123.com or adjudicated in a Pennsylvania court.
  • The client shall pay in full, in addition to any monetary judgment or award rendered in favor of produtshots123.com, all court costs, productshots123.com’s legal fees, expenses and legal interest.
    Client hereby expressly consents to the jurisdiction of the Federal Courts with respect to claims by productshots123.com under the Copyright Act of 1976, as amended.

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting
the updated terms on the Site. Your continued use of the Site after any such changes constitutes your
acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or
any changes to this Agreement, do not use, access or continue to access the Site or discontinue any
use of the Site immediately.