TERMS AND CONDITIONS
These Terms and Conditions of Service (“Terms and Conditions”) are a legal agreement, please read them carefully.
Capturely Inc. is a content creation technology company, which primarily produces headshots and related business photography (collectively referred to as “Content”). Our Services can be found at https://capturely.com and are incorporated into your Agreement by reference.
Capturely Inc. is an Indiana Corporation (“Capturely,” “we,” or “us”). By paying for and using our Services, whether as an individual or as a representative of an entity, you are a “Client” (or “you”) according to these Terms and Conditions.
These Terms and Conditions govern the business relationship between you and Capturely. Should you have any questions or concerns about these terms, please feel free to contact us.
“Services” mean the services outlined and described at https://capturely.com or provided in your Quote.
“Gallery(ies)” means the selection of online images of one person transmitted to the Client or individual covered by these Terms and Conditions.
“Collection” means a group of Galleries based on an individual Quote.
“Event” means any single time Capturely provides one of its Services, but could also mean an entire location, set-up and/or take down of Capturely’s equipment to effectuate the completion of the Services.
“Website” means www.capturely.com and all of its subparts and pages.
“Content” means the results of our providing you Services.
“Quote” means an agreement to the price and scope of your Services before Services are rendered.
“Invoice” means a document showing the amount you owe us based on your Quote and Services that were completed or will be completed. You may receive multiple Invoices for a single Event if you add Services not contemplated by the original Quote or paid in a previous Invoice and consistent with these Terms and Conditions.
In order to buy Services, you must be the following:
At least 18 years of age and be able to enter into legal contracts;
Agree to these Terms and Conditions and;
Have fully reviewed the Services located at https://capturely.com and be satisfied that we can meet your needs.
We may update or make changes to these Terms and Conditions by posting revised terms and conditions on our Website. The revised Terms and Conditions shall take effect, apply to you and remain in full force immediately upon publication to the Website.
We may send you emails and text messages regarding your session and photo delivery. By providing us with your email address and telephone number you consent to these messages. You can unsubscribe from email communication by replying to an email with “unsubscribe” or gliding the unsubscribe link. You can opt out of receiving text messages by replying to a message from us with “STOP”.
Delivery of Services
Delivery of all Services is subject to your written and signed Quote or your receipt if you are an individual purchaser.
If you nix it, we fix it! If you are not satisfied with the quality of the Content provided by Capturely and if you have provided written notice to us within 10 days of the date we made the Content available to you for review, Capturely will attempt to correct the issue once, otherwise, you accept the Content as delivered.
VIRTUAL HEADSHOT PRODUCTION:
All virtual headshot purchases are non-refundable. You may use your virtual headshot credit(s) anytime within one year of the date of purchase. You may reschedule your individual virtual headshot session at any time up to the time of your appointment without any penalty, twice. If you fail to attend a virtual headshot session you forfeit the amount you paid for that session or you lose one credit depending on the original form of payment or type of purchase.
ONSITE PHOTO PRODUCTION:
Minimum Notices for Onsite Events
Capturely requires a minimum of 21 days’ prior notice to provide Services onsite.
By signing the Quote you agree it correctly describes date, time, location, cost, and Services you would like Capturely to perform. You agree, by signing any Quote to pay the amount indicated via an Invoice that will be sent to you and subject to these Terms and Conditions. You understand that any final Invoice for an Event may be modified up or down from the Quote based on actual Services performed.
Rescheduling and Cancellation
You may reschedule an Event without penalty if you do so more than 14 days prior to the scheduled Event. An attempt to reschedule 14 days or less prior to the Event is considered a cancellation and the cancellation penalty is 25% of your signed Quote amount. This amount is due within seven (7) days of the date of your cancellation but no later than the date of the canceled Event. We incur planning expenses, and lost opportunities that mandate this fee. Any late payment is subject to a $50 per day/partial day penalty until the cancellation fee is paid in full.
As part of the scheduling process for Onsite Services, our Pre-Production department will lead a virtual walk through with you to finalize your Event details. You agree to be available for the video call and to provide an onsite Point of Contact (POC) and Secondary Onsite POC for the day of each Event.
Attendee Scheduling (if applicable)
Following the Pre-Production call, we will provide a scheduling URL (Link) for you to send out to your individual headshot attendees. You may distribute the link to attendees for self-scheduling or choose to use the link internally to schedule attendees yourself. You assume all responsibility disseminating the scheduling link and/or internally scheduling the attendees to ensure smooth event flow and timing. If you experience issues with the scheduling link contact your Pre-Production Specialist and they can assist you. If you make an error in scheduling that causes your Event run longer than indicated in your Quote or paid Invoice (intentional or not), you agree to pay $750/hour/Creator (prorated in 15 minute increments) for additional overrun production time through a final Invoice sent after the Event has taken place due upon receipt.
Content Creation Experience
The Capturely image experience is designed to provide our Services in a fun and professional manner. Capturely team members wear appropriate attire, use clean humor, and play music to create an optimal environment. Any modifications to our image experience desired by the Client can be discussed with us and added to your final Quote or Invoice.
For your safety and ours, we are NOT RESPONSIBLE for staging your onsite Services. Staging is defined as cleaning spaces, decluttering surroundings, moving and/or adding decorations or office items and/or moving furniture. In your Pre-Production call, our team will advise you if they believe staging needs to be completed in order to ensure the quality of the Content. If we show up to complete an onsite Event and you are not prepared (OR) if our content creator, after arriving ONSITE and at their sole discretion, feels the Services cannot be completed to the specifications in the Quote, the Client may choose to reschedule the Event for another day (subject to cancellation/rescheduling section above), or continue with the Event but we will no longer honor the nix it, fix it guarantee.
Content Delivery, both Virtual and On-Site
After production is complete, the Content will be delivered through email. We currently 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 or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our image hosting service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this, such storage should be considered as a convenience only.
Capturely shall be considered an independent contractor of Client.
If you are an entity, or individual being photographed or videotaped for quality assurance you agree to the following:
“I agree to be photographed, recorded and videotaped by Capturely Inc. on behalf of my employer or headshot sponsor or myself. I hereby irrevocably authorize Capturely Inc. and my employer or headshot sponsor (if applicable) and its affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use, (a) my name, image, and likeness, and (b) all photographs, writings, statements, and quotations of or by myself (collectively, the “Materials”), in any manner, form, or format whatsoever now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Capturely Inc. and/or my employer or headshot sponsor, its affiliates, or their services, without further consent from or payment to me. It is understood that all of the Materials, and all films, audiotapes, videotapes, reproductions, media, plates, negatives, photocopies, and electronic and digital copies of the Materials, are the sole property of Capturely Inc. I agree not to contest the rights or authority granted to Capturely Inc. I hereby forever release and discharge Capturely Inc., its employees, licensees, agents, successors, and assigns from any claims, actions, damages, liabilities, costs, or demands whatsoever arising by reason of defamation, invasion of privacy, right of publicity, copyright infringement, or any other personal or property rights from or related to any use of the Materials.”
Content Ownership, Copyright, and Usage
All Content created by Capturely, or any of its employees, independent contractors, agents, or affiliates, is the sole and exclusive property of Capturely. Capturely hereby grants you an unlimited license to use any Content transmitted to you from us for its intended legal business use (uses specifically included herein are Client’s posting of images on its social media, advertising, brochures, presentations, internal communication and websites as needed, in conformance will all local, state and federal laws, rules and regulations).
The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remains our copyrighted material, and the terms and restrictions within this license also apply to those derivative works.
You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other person or party. Capturely does not produce any Content that includes excessively foul language, lewd or sexual content. We keep things PG-13 rated.
Content may not be used as a part of or incorporated into any logo or trademark.
If you are ordering our Services on behalf of your employer or your client, then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you, then they may not use the Content.
You may not claim you are the author of the Content. In any case, where the author of the Content is specified, it must be attributed as “Copyright Capturely Inc.”
Intellectual property of third parties
By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
If we encounter a situation not covered by the Quote or these Terms & Conditions and/or the Services, we will work together to solve the situation. Capturely cannot guarantee that a solution will be found but will make an effort to solve the problem.
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 “Website Contents”) are copyrighted property owned by Capturely Inc., 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 Website Contents 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 Website 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 Website Contents, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any Website Content.
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 Capturely.com.
- 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.
- Sending unsolicited email, including promotions and/or other advertising of products or services.
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.
This Website contains 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.
If you make a claim against us that is prohibited under these Terms and Conditions, you agree to indemnify and hold us and our employees, officers, agents and owners harmless from any losses, including all attorney fees that may result from our response to any such claim. You agree to indemnify, defend, and hold us and our employees, officers, agents and owners 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 and Conditions.
You assume full responsibility for any loss that results from your use of our Services, Content and/or Website Content to the maximum extent permitted by law. We and our employees, officers, agents 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.
If any of these Terms and Conditions 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 and Conditions shall remain in full force and effect. If we choose not to act on a breach of these Terms and Conditions 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 and Conditions
In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement, unless otherwise stated herein.
If you violate these Terms and Conditions we may seek injunctive relief from the courts or other equitable relief.
You may not assign your rights under these Terms and Conditions to any other party. However, we may assign our rights to any other entity or individual at our discretion.
These Terms and Conditions shall be governed and construed under Indiana without effect to any Indiana laws regarding conflicts of law. Any action or proceeding arising from these Terms and Conditions, your Quote and/or your use of our Services must be held in the State and Federal courts in Hamilton or Marion County, Indiana.
If you have any questions about these Terms and Conditions, our Website, or any of our Services please direct these inquiries to:
209 E 175th St. Suite C
Westfield, IN 46074
LAST UPDATED: July 25, 2023