TERMS AND CONDITIONS
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 Smart Product Shots chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of Smart Product Shots’ rights with respect to such a breach or any subsequent breaches of this Agreement. This agreement shall be governed and construed in accordance with the laws of the State of Rhode Island. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in Rhode Island.
As used herein and throughout these Terms and Conditions (“Terms and Conditions”):
"Image(s)" means all visual representations furnished to Client by Smart Product Shots, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
"Copyrights" means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
ROYALTY FREE UNLIMITED USE LICENSE
A) The client is given a royalty-free license for unlimited usage rights for an indefinite amount of time. This applies to the unlimited amount of mediums and alterations for promotional and advertising use of the company that made the order.
B) Third Party Usage
The client may not re-license or sell ownership of the images, license the images to others or give images to others for 3rd Party Usage. All Third Party Usage must be negotiated separately with Smart Product Shots, LLC.
Unlicensed usage, such as third-party usage is a copyright violation. More info can be found at http://www.copyright.gov/title17/92chap5.html
TERMS OF PAYMENT:
Credit Card Online
Place your order online and pay in full with a credit card. We accept most major credit cards and business checks.
If you prefer to pay by business check, you must make payment in full at the time of your order. The check must be made out to Smart Product Shots, LLC. When the project has been completed you will receive a detailed invoice for your records.
Each project must include a shoot list when you send us your product to photograph.
This list provides us with an inventory list to compare against the products that you shipped to us. The shoot list will include the following information about your product photography project:
· item number
· product name
· single shot or group shot
· how many shots per product
· how you would like your files named
A shoot list template is included on the Smart Product Shots web site.
MONEY BACK GUARANTEE:
We want you to be satisfied, so tell us exactly how you want us to photograph your product.
A) Smart Product Shots, LLC. provides great service, images, quick turnaround and discounted rates. We are able to accomplish this with the client's help and direction at the beginning of the project. We do not shoot with an approval/disapproval for each photograph during the photo process. We do not have clients on set for art direction.
B) Art direction is defined as the client or representative on set for approving or disapproving each photograph as it is photographed and giving a live real-time direction of the shoot.
C) The direction of how the images are to be photographed must be specified at the beginning of the project. Specific direction from the client should be delivered at the time of placing your order. The order form is set up to offer useful direction from the client to SPS. The client may also provide drawings, illustrations, cell phone images, reference sheets, URLs, and/or a style guide to better demonstrate preferences.
D) If The Client decides they are unhappy with the images, we will refund the payment. If the photos were arranged according to direction from The Client and there is a change request from The Client regarding position and style of the photography after the product shots have been taken, there will be an additional charge for this second phase of shooting.
E) If no example or guide images are provided then the client loses the right to a refund, revision or approval.
100% Refund Policy, Revisions and Image Approval/Disapproval
A) The client will be given the chance to approve or disapprove an image within the framework of the guide images at the conclusion of the photo-shoot via email or phone call when the images are posted to the download site, not before. The product in the disapproved image may be re-photographed or re-retouched up to 2 times or the client may choose to receive a 100% refund.
B) Disapproval must be expressed in detail as a phone call or email and very specific changes must be made clear.
C) If the disapproved image has been re-photographed or re-retouched 2 times or more, the photographer may choose to refuse additional changes and issue a full refund, force closing the job.
D) Using the images after a refund is a violation of copyright law and such violations will be pursued.
E) Usage of the image constitutes approval of the images.
F) The client may not request a refund, changes or reshoots after the client has approved the final images.
G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed.
H) Images that are disapproved are no longer liable to the 7 business day turn around time or 3 day rush time.
I) Disapproved images will be given an additional 7 business day turn around time or with rush 3 business day turn around time to reshoot or re-retouch the disapproved images.
1-25 product photos will be completed in 7-10 (seven to ten) business days.
For product photos over 25 items, Smart Product Shots will provide you with a schedule.
Business days are Monday through Friday, not including holidays.
The turnaround time begins the next business day after all of your product(s) for the contracted photo-shoot arrive in our studio.
If Smart Product Shots does not meet the 7-10 day turnaround for 1-25 product photos or the agreed upon schedule for 25 and over products, and it is the sole fault of Smart Product Shots, the client may request a full refund. If the client changes the parameters of the original order during the project’s scheduled dates, Smart Product Shots will contact the client with a new project schedule and Smart Product Shots will not be held liable for missing the original delivery date.
Smart Product Shots offers a 3-day rush service for projects with 1-25 images. All rush projects include an additional fee per photo. Rush projects are subject to availability and scheduling. All rush projects need to be approved by Smart Product Shots prior to receiving your items for scheduling purposes. The 3 day RUSH service begins on the first full business day after receiving your product.
IMAGE HOSTING SERVICE:
The Image Hosting Service is provided as a convenience to clients and associates of Smart Product Shots. While we make every effort to ensure availability, stability, and security of this service, Smart Product Shots does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. Smart Product Shots will host the images for three months (90 days) from the date the shots were first made available to you for download. Smart Product Shots recommends that you make backup copies of all files contained within your account and that you only provide username and password information to associates to whom you would like to grant access to these files. You hereby understand and agree to hold Smart Product Shots harmless and defend Smart Product Shots against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using this service.
If you would like your products returned we can ship them to you with a return label that you provide, or we can invoice you for the shipment. We will always try to use the same packing materials we received with your products.
Smart Product Shots will not be held responsible for damaged or lost goods in the shipping process.
By Client. Client agrees to indemnify, save and hold harmless Smart Product Shots from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or objections, representations or warranties under this Terms and Conditions. Under such circumstances Smart Product Shots shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) Smart Product Shots provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. The client will reimburse the reasonable out-of-pocket expenses incurred by Smart Product Shots in providing such assistance.
LOST OR DAMAGED PRODUCTS
It is the client’s responsibility to maintain insurance, for loss or damage to their products and jewelry, during shipping to and from Smart Product Shots and during the Smart Product Shots photography process. The client is responsible for any lost or damaged product while in the care, custody or control of Smart Product Shots.
There are certain risks in using any information, software, or products found on the Internet; and Smart Product Shots cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. Reasonable care has been taken with regard to this site's content, Smart Product Shots does not warrant or represent that this site's content is accurate, complete, or up-to-date, nor does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components. The content of this site may include technical inaccuracies or typographical errors for which Smart Product Shots assumes no responsibility.
All of the materials provided herein, including all of the materials available on third-party sites, are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.
LIMITATION OF LIABILITY:
Smart Product Shots is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall Smart Product Shots be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Smart Product Shots’ Web Site.
Notwithstanding the above, in no event shall Smart Product Shots’ total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Smart Product Shots by you in connection with the transaction claimed by you to give rise to your claim.
COMMUNICATIONS AND SUBMISSIONS:
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to collect information that you voluntarily give us via email or other direct contacts from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or look for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.