TERMS AND CONDITIONS
These Terms and Conditions of Service (hereinafter “Terms and Conditions” or “Agreement”) constitute a legal agreement. Please read it carefully.
Capturely Inc. is a content creation company, which primarily provides business photography and videography services which may include the production of photographs, graphics, videos, audio recordings, and artwork (collectively referred to as “Content”).
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 us. Should you have any questions or concerns about these Terms and Conditions, please feel free to contact us.
“Services” mean the services we agree to perform for you.
“Gallery(ies)” means the selection of online images of one person or product(s) transmitted to the Client and/or individuals covered by these Terms and Conditions.
“Collection” means a group of Galleries based on a single location or all Galleries from a single Event.
“Change Order” means the written confirmation of requested changes to a Work Order by either you or us.
“Work Order” means the written confirmation of our Services to you.
“Event” means the work contemplated by any single Work Order.
“Merchandise” means any products or other items that you send us, whether the products are the primary subject, supporting prop, or anything else.
“Website” means www.capturely.com and all of its subparts and pages.
“Content” means the results of our providing you Services as already described above.
In order to buy Services, you must:
Be at least 18 years of age and be able to enter into legal contracts;
Have fully executed a Work Order/Invoice/Change Order between you and us;
Agree to these Terms and Conditions; 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 and remain in full force immediately upon publication to the Website and shall apply to you.
If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Services we provide, we will send it to the email address you provided in your signed Work 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 “capturely.com” is added to a “whitelist” to help ensure delivery.
If you are not satisfied with the Content provided by Capturely you must provide us written notice of your dissatisfaction within 10 days of the date we send you the Content. Once we receive your notice, we will attempt to correct the issue once. If we don’t hear from you within those 10 days, you accept the Content as delivered.
Capturely shall be considered an independent contractor of Client. We are not your employee.
Content Ownership, Copyright, and Usage
All Content created by us, or any of our employees, independent contractors, agents, or affiliates, is our sole and exclusive property. We hereby grant you an unlimited license to use any Content transmitted to you 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 express or implied warranties, 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 needs 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 your derivative works 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 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.
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 your employee or client be bound to this entire Agreement. If such authorization has not been granted to you, then your employee or client may not use the Content.
If we grant a license to your company or entity and that company or entity is later sold to a third party then the license shall automatically transfer to the new owner, which shall be bound by these Terms and Conditions. You are responsible for advising the other party of their acceptance of these Terms and Conditions.
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
In some cases, Merchandise you direct us to photograph/videotape or props used in conjunction with that Merchandise may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you. By directing us to photograph/videotape Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all intellectual property visible on the Merchandise you have directed us to photograph. 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 by us, we certify that this content has been paid for and/or licensed by us for use in the Content. When printing Content containing stock photography and artwork, the maximum number of printed copies that you may print is 500,000. This restriction does not apply to electronic display, such as on a website.
We certify that we have obtained appropriate releases from any models depicted in the Content and that the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content so long as the Content is used in accordance with these Terms and Conditions.
If we encounter a situation not covered by the Invoice, Work Order, Change Order or these Terms & Conditions we will work together to solve it. We cannot guarantee that a solution will be found but we guarantee to try.
Capturely Points Redemption (Past Customers)
As of 12/01/2021 Capturely is no longer selling Points to be redeemed for services. All Points holders have until 12/31/2022 to use remaining Points balances subject to these Terms and Conditions. After that time all Points are void and unusable.
BOTH ON-SITE AND PRODUCT CONTENT PRODUCTION:
Your Production Executive will assemble your Work Order. By signing the Work Order you agree it correctly describes the date, times, locations, costs, and Services you would like us to perform. Any modification to the Work Order must be in writing and signed by us and you in order to constitute a Change Order.
Holding a Date
To hold a date we require a 25% deposit. Your deposit is nonrefundable, and is the cost of locking in your date.
You may reschedule Services without penalty if you provide us written notice more than 14 days from the scheduled date that you need to reschedule. If you reschedule an event 14 or less days from its scheduled date, you forfeit your 25% deposit, we require a new deposit and a written Change Order signed by both us and you.
After production is complete, the Content will be delivered through our image hosting service. We will email you a link and a password so you can view and download all Content that we have completed for you. We contract with a third-party vendor who manages the delivery and host website and software. 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 immediately make backup copies of all Content for your records. While, we may store or archive the Content, and if we do this, it is for our use only.
ONLY ONSITE PHOTO/VIDEO PRODUCTION:
As part of the scheduling process for certain 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)
Prior to your Event, we will provide a scheduling URL/link for you to send to your individual attendees. You may distribute the link to attendees for self-scheduling or use the link internally to schedule attendees yourself. You assume all responsibility disseminating the scheduling link and/or internally scheduling the attendees to ensure your Event runs smoothly. If you experience issues with the scheduling link, contact your Pre-Production Specialist and he/she can assist you. If you or your attendees make a scheduling error that causes your Event to run longer than agreed to (intentional or not), you agree to pay $750/hour/Creator (prorated in 15 minute increments) for production overrun.
Content Creation Experience
Our experience is designed to provide our Services in a fun and professional manner. We wear appropriate attire, use clean humor, and play music to create an optimal environment. Any modifications to our experience can be discussed with us and outlined in your Work Order and/or Change Order. We will not produce any Content that, in our sole judgment, includes excessively foul language, sexual content, offensive, inappropriate or abusive content. We keep things PG-13.
For your safety and ours, we are NOT RESPONSIBLE for staging your location. 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. If our content creator, after arriving ONSITE and at his or her sole discretion, feels the Services cannot be completed to the specifications you requested, you may choose to reschedule for another day (subject to these Terms and Conditions), or continue with the Event. If you decide to continue with the Event, we will not reshoot it if you are not happy with the outcome.
If you are an entity or individual being photographed or videotaped you agree to the following:
“I agree to be photographed, recorded and videotaped by Capturely Inc. on behalf of my employer or myself. I irrevocably authorize Capturely Inc., my employer, and its affiliates to copyright, publish, reproduce, exhibit, transmit, broadcast, televise, digitize, display, otherwise use, and permit others to use (a) my name, image, likeness, and voice, and (b) all photographs, recordings, videotapes, audiovisual materials, writings, statements, and quotations by me (collectively, the “Materials”), in any way whatsoever, including on the Internet. I irrevocably authorize this use for any purpose, including, but not limited to, advertising or promotion of Capturely Inc. and/or my employer, its affiliates, or its services, without further consent from me 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 and all 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. I understand that Capturely Inc. and/or my employer is under no obligation to use the Materials.”
ONLY PRODUCT PHOTOGRAPHY:
You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary or wanted insurance. As a courtesy, we can help coordinate the return shipment for your Merchandise, however, we are not responsible for any loss, delay or damage to your Merchandise.
Do not deliver to us any Merchandise that contains any living being, any illegal substance, narcotic, illegal drug, or controlled substance requiring a prescription or not, or any weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any item that is unlawful to possess in the State of California, the State of Indiana, or the United States.
Shipping of Merchandise To Us
When shipping Merchandise to us, please follow these guidelines:
Packages should be carefully packed to ensure protection of the Merchandise during transit.
All packages should include:
- Your name, company name, address, email address, and phone number.
- The reference number for your Services, which is on your Work Order.
Shipments should be addressed to:
10951 Huston Street
North Hollywood, CA 91601
Return shipping We will not return perishable or food items. They will be thrown away. For all other Merchandise, if we have agreed to provide return shipping and you have agreed to pay for it, we will return your Merchandise to you. You can either provide a postage/shipping prepaid label or you must provide a physical address (sorry, no PO boxes) for return. We will only ship items back to addresses in the United States. You may also pick up your Merchandise during business hours if you do not want them to be shipped. All return shipments are subject to our Limitation of Liability in these Terms and Conditions.
Limitation of Liability for Damage or Loss of Merchandise
If your Merchandise becomes damaged or lost while in our possession, we will, at our sole option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $500 USD total lifetime aggregate. This limit applies to a single item or multiple items regardless of the total amount. If you are concerned about this you should obtain your own insurance covering your item during shipping and while in our possession. You recognize that this is a limit on our liability and you agree to it.
If your Merchandise is in our possession after completion of the Services because you did not send a label to return it and/or you did not prepay us to send it back to you, then it is considered abandoned. We will provide you one notice regarding your abandoned Merchandise. If you do not make arrangements for the return of your Merchandise within fourteen (14) days of that notice, we will donate, discard, or sell it. You agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated, discarded, or sold, at our option, and you will not receive any compensation for the Merchandise, proceeds from any sale, or credit for any donation.
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 our Services or in connection with any license we grant to you.
Production and Creative Process
Alterations and Accuracy. As part of our creative process, you agree we may make any alterations to the Content 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 Content is our artistic interpretation of the Merchandise we photograph for you. We do not guarantee that the Content will be flawless or provide a perfectly accurate representation of your Merchandise. It is your responsibility to ensure the Content is appropriate for your final intended use and that it does not misrepresent the Merchandise. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Merchandise.
Creative Direction. As our Client, you may elect to provide creative direction over any aspect of our Services, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance of our agreement to provide the Services. You must ensure this creative direction has been correctly recorded prior to payment. You are not required to provide direction on creative aspects of your Services. Any aspects for which you have not provided specific creative direction will be left up to us. You are responsible for the results of your creative direction.
Review period. After the Services are complete you will receive an email containing a link and password to view and download the Content. We allow up to 10 days for you to provide us with feedback regarding the delivered Content. After 10 days, if we have not heard from you, we assume you are happy with your Content and your Work Order/Change Order will be closed. If you provide us Merchandise it will be handled as stated in these Terms and Conditions.
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, or 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 Website Contents and display the Website Contents 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 Contents.
You and any other Website 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.
Accuracy. We make every effort to ensure the accuracy of the information contained on the 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 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 that you use appropriate commercially available antivirus software to help protect yourself from this type of attack.
You agree to indemnify and hold us and our employees, officers, agents and owners harmless from any losses, including all attorney fees, and legal costs that may result from any claims you make that are prohibited under these Terms and Conditions due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us and our employees, officers, agents and owners harmless against any losses, including attorney fees, and legal costs which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms and Conditions or any other laws.
You assume full responsibility for any loss that results from your use of our Services, Content and/or Website Contents 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 is based on negligence or if we have been advised of the possibility of such damages.
If any of these Terms and Conditions are found to be unenforceable, 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, 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.
Governing Law & Jurisdiction
These Terms and Conditions shall be governed and construed under the laws of the State of Indiana without effect to any conflicts of law prohibitions. Any action or proceeding arising from these Terms and Conditions, your Invoice, a Change Order or a Points Purchase Agreement (for past Clients) and/or your use of our Services must be filed and must remain in the State and Federal courts serving Hamilton County, Indiana.
If you have any questions about these Terms and Conditions, our Website, or any of our Services, please direct these inquiries to:
10951 Huston St.
North Hollywood, CA 91601
LAST UPDATED: October 11, 2022