Legal Definitions
1) The party specified on the invoice (hereinafter referred to as “the Client”) has contracted PixelPro360 LLC to furnish and deliver photography services. The term “Image(s)” encompasses all visual materials supplied by PixelPro360 LLC, irrespective of the method employed for capture or storage
Clear instructions from the Client regarding the desired photography approach are essential.
Without precise guidance, PixelPro360 LLC may struggle to fulfill the Client’s requirements. Should the photography adhere to the Client’s initial instructions and subsequent alterations are requested, additional charges will apply to compensate for the time invested in the original shoot.
1) PixelPro360 LLC provides a cost-effective service with rapid turnaround times, in part due to the absence of on-the-set art direction. Therefore, on-the-set art direction is not included with these services.
2) “Art direction” entails the presence of the client or their representative on the photography set or virtually, offering real-time approval, disapproval, or direction for the photography. Any client interaction that disrupts this streamlined process is demanding more time hence a breach of our terms and conditions. [REVIEW]
3) Guidelines for photographing the images must be clearly specified in the notes section during the ordering process or in a separate email as directed in the confirmation email. This may involve providing “comps”, drawings, illustrations, tear sheets, cell phone images, or reference URLs to assist the photographers.
4) In the event that the photography aligns with the example image provided by the Client in terms of style and position, but the Client subsequently expresses a desire for a different style or object position, the photographer may choose to either cancel the job and provide a refund (excluding the deposit) or charge for an additional photograph.
5) In situations where no example or guide images are provided, the Client relinquishes entitlement to refunds, revisions, or approval/disapproval of the images.
Refund Policy, Revisions, and Image Approval/Disapproval
At PixelPro360 LLC, we pride ourselves on delivering tailored photography services to suit our clients’ unique needs. Given the customized nature of each photoshoot and the substantial investments in time, effort, and resources, we are unable to accommodate refunds. Our dedication to crafting a personalized photographic experience means that each project reflects our client’s vision through meticulous planning, execution, and editing.
While refunds are not typically offered, we recognize the individuality of each project. Under certain circumstances, clients may qualify for partial credit towards future photoshoots, subject to evaluation by PixelPro360 LLC.
Image Approval Process and Revisions:
Client Approval Process: Following the photo shoot, clients will be given the chance to assess and authorize the images. This procedure will be carried out through email or a phone conversation once the images have been uploaded to our designated storage platform.
Feedback Requirement: Should a client express disapproval of an image, they must furnish detailed feedback via either a phone conversation or email, clearly outlining the precise modifications required.
Revision Policy: Each image may undergo re-editing a maximum of twice. Any additional alterations beyond this limit will be subject to the discretion of PixelPro360 LLC.
Image Usage Policy Following Approval: Upon client approval of the final images, requests for further alterations, reshoots, or refunds will not be entertained. The utilization of the images signifies explicit approval.
Unclaimed Images: Images not retrieved within 30 days from the delivery date will be categorized as unclaimed. Any associated products will be forfeited, and the job will be officially closed.
Revision Turnaround Time: The typical 7-business-day turnaround period (or 3-day rush option) does not extend to images that have been disapproved. Revised images will be delivered within 7 business days upon receipt of detailed revision instructions.
Image Usage
Upon final delivery, the photographs are hereby licensed to you on a royalty-free basis. This license grants you unrestricted usage rights, permitting the use of the photographs in any of your publications without limitations on frequency or distribution, and without any obligation to pay royalties to us for their use. You are authorized to utilize these photos in various forms of publication, including but not limited to print advertising, packaging, web, television, and others.
Please note: When utilizing our images, the following statement must be displayed below or above the image: “Photo By Erick Amirkhanian – PixelPro360” This attribution applies to any publication, whether online or offline, including magazines, TV, and outdoor banners. Please be advised that we retain the copyrights for all delivered photos, and they may not be resold to any third party. However, **if you wish to obtain full copyright ownership, you have the option to pay 50% of your invoice. This will grant you the ability to use the images for TV advertisements or sell them to third parties.
Product Quality And Resulting Image
1) PixelPro360 LLC will capture photographs of the item upon its arrival at the studio. In the event that the item exhibits flaws, mislabels, “waves” in the labels, nicks in the package or products, or inherent damage, it will be photographed accordingly.
2) If the item arrives in an unacceptable state of damage, as assessed by our receivables department, you will be notified and provided with the opportunity to send a replacement item for photography.
3) PicelPro360 LLC has the option to retouch certain minor flaws inherent in the product, but it is not obligatory to do so.
4) PicelPro360 LLC can offer propping for a photo, but the client is responsible for providing all props needed for the photograph. Clear direction is essential, preferably conveyed through a cell phone photograph of the setup.
Pre-approval Images
1) In instances where PixelPro360 LLC is shooting a large quantity of products or particularly challenging items, a pre-approval image may be sent. Various elements of this pre-approval image, including overall lighting quality and highlight positioning, will influence how other similar products are photographed. Once the “Guide Image” is approved, requests for reshoots or re-retouching pertaining to these specific aspects cannot be made.
2) If the client requests a reshoot or re-retouching of an aspect of a photograph as defined by the “Guide Image,” additional charges will apply. These charges will be at the standard PixelPro360 LLC rate for a reshoot or at a pro-rated rate of $250 per hour for re-retouching.
Turn Around Time & Delays
1) Turnaround times will start upon the receiving of the products to the PixelPro360 LLC Studio.
2) PixelPro360 LLC will make a committed effort to deliver the pictures within a reasonable timeframe. However, PicelPro360 LLC will not be liable for delays caused by acts of God or terrorism.
3) The 7-day turnaround time pertains to 7 business days, which specifically includes Monday to Friday.
4) The 3-day turnaround time pertains to 3 business days, which specifically include Monday to Friday.
5) The 48-hour rush turnaround time denotes 2 business days, specifically from Monday to Friday.
6) The 24-hour rush turnaround time denotes 1 business day, specifically from Monday to Friday.
If the rush turnaround time is not met, the order will transition to a standard 7-day charge, and a refund for the additional rush fees will be issued. Standard and rush turnaround times apply only to orders with fewer than 50 items.
For orders involving 50 or more items for photography, the turnaround time will vary depending on the total number of items and their complexity. In such cases, specific turnaround times can be provided upon request, but otherwise, they are open-ended and do not have a specified timeframe.
Payment
1) The Client is required to make a 50% upfront payment for all orders.
2) An estimate and contract will be sent to the Client, which must be approved.
Image Sizing & Resolution
1) PixelPro360 LLC produces images in a standard high-resolution format, which is a full-resolution 300DPI file, widely accepted in the industry. These images undergo color matching to the product, retouching for dust and scratches, and alignment for straightness. Reflections are adjusted to gradate to white, with no more than a 25% reduction below the product. The images are flattened, and paths or clipping paths around the product can be accessed in the paths menu if requested by the Client.
Specifications include
Format: High-Resolution, Compression: None, Width and Height: Largest possible, minimum 3000px on any side
Colorspace: sRGB
Background: 255/100% white around the product.
2) PixelPro360 LLC is not liable for resizing or reformatting images to accommodate the wide array of potential client uses. The images are delivered in a format to cater to the majority of standard uses, such as on a website, in a standard-sized catalog, or printed in a magazine.
3) The images are delivered in a size suitable for printable applications up to a maximum of 8.5×11 inches, with a print resolution of 300dpi. The minimum size is determined by standard screen resolution. Any usage beyond these parameters, such as billboards, vehicle clings, or large convention displays, may result in suboptimal quality and is not covered by PixelPro360 LLC’s quality guarantee. PixelPro360 LLC does not provide layered PSD files upon delivery.
4) If you need help with your images processed to your specs for your website please contact us.
Products Shipping, Return Shipping
1) The Client is responsible for all shipping charges to and from PixelPro360 Studio
2) PixelPro360 LLC will not be responsible for any damaged goods in the shipping process.
3) The client must include an order summary which is printed at the end of the process, in the box before shipping. Failure to do so may result in PixelPro360 LLC not being held responsible for photography delays or any resulting confusion.
4) The client is responsible for return shipping expenses.
5) Return shipment is billed separately and returned at cost, in the same manner, and with the same shipping service unless otherwise specified in the notes.
6) An invoice for the return shipping will be sent and once paid, the shipment will be made. OR the client will provide a shipping label for returning items.
7) The Client assumes full responsibility for any loss or damage to materials provided by the Client and agrees that said materials are adequately insured against loss, damage, or liability. The Client shall indemnify the Photographer against any claims, liability, damages, and expenses incurred by the Photographer related to the use of said materials.
Products That Are Not Returned
1) Return shipment of products is discretionary and requires a specific request.
2) Non-perishable products are kept in storage with PixelPro360 LLC for 7 days. After this duration, PixelPro360 LLC will be the ownership of such products and items, which may then be disposed of or donated accordingly.
COPYRIGHT /SOCIAL MEDIA INFORMATION:
Who owns the photographs purchased by the client?
While PixelPro360 LLC retains ownership of the copyright in the photographs, any physical and digital prints of the photographs which the client purchases are theirs to keep, reproduce, and display, as the client is granted a license to use the photos for certain personal and commercial purposes.
What is the client allowed to do with the photographs provided?
With regard to the low-resolution proofs provided by PixelPro360 LLC, these images are meant solely for the client’s review and evaluation and should not be reproduced, altered, or used by the client for any other purpose.
Once the client has evaluated the proofs, made their selections, and provided the associated payment, PixelPro360 LLC will provide the selected high-resolution and fully edited images to the client.
Once the client has received and paid for their photographs, the client’s rights will include the following:
The right to…
Make copies of the image
Publish or otherwise publicly display the image in connection with the client’s business or service
Adjust the formatting of the image as necessary to fit the needs of certain print or electronic advertising requirements
Distribute the image in connection with the client’s business or service
What may the client not do with the photographs?
The restrictions on the client’s use of the photographs will include the following:
The client may not…
Modify the photographs or remove any copyright notices or watermarks.
Sell, license, or sub-license the photographs for use by a third party
Use the photographs for any commercial or personal purpose, besides internal review and evaluation, before fully paying to PixelPro360 LLC the associated fee for the photographs and PixelPro360 LLC’s photography services.
What may PixelPro360 LLC do with the photographs?
PixelPro360 LLC retains ownership of the copyright in the photographs and, as a result, may use the photographs for various purposes. Examples include:
Advertising/promoting PixelPro360 LLC’s services
Displaying to prospective clients as a sample of PixelPro360 LLC’s work use in connection with a professional portfolio.
What may PixelPro360 LLC not do with the photographs?
While PixelPro360 LLC owns the copyright in the photographs, it does not hold any intellectual property rights in the client’s products, including the client’s trademarks or product packaging designs. PixelPro360 LLC may not use those trademarks or packaging designs on any other products, and may not use the photographs in any way that could confuse consumers into thinking that the client endorses PixelPro360 LLC’s business or that PixelPro360 LLC is the producer of the client’s products.
Additionally, PixelPro360 LLC may not restrict the client from featuring its products in other photo shoots by other photographers. PixelPro360 LLC only owns copyrights in, and therefore can only restrict the use of, the specific photographs that PixelPro360 LLC has taken.
You can contact our Copyright Agent via email at erick@pixelpro360.com
