LAST UPDATED: November 23, 2021
These Terms and Conditions of Service (“Terms and Conditions”) are a legal Agreement, please read it carefully.
Capturely Inc. is a content creation company, which primarily produces business photography and videography services which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Content”). Our Services can be found at www.capturely.com/services 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 www.capturely.com/services.
“Gallery(ies)” means the selection of online images of one person or products transmitted to the Client or individual covered by these Terms and Conditions.
“Collection” means a group of Galleries based on a single location or all Galleries within a single Project.
“Change Order” means the written confirmation of requested change to a Work Order by either you or us.
“Work Order” means the written confirmation of a Client’s request to buy services.
“Event” means any single Work Order, by way of example only, one location or set-up and take down of Capturely’s equipment to effectuate the completion of the Services or one production shoot of Merchandise.
“Merchandise” means any products or other items that you send us, whether it’s 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.
In order to buy services you must be the following:
- Be at least 18 years of age and be able to enter into legal contracts;
- Have a fully executed Invoice/Change Order between you and us;
- Agree to these Terms and Conditions, and;
- Have fully reviewed the Services located at capturely.com/services 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.
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 and that it is not rejected or deleted as junk or spam.
- Delivery of Services.
Delivery of all Services is subject to dates, location and availability agreed to in advance in a signed written Work Order.
- Minimum Notices for Onsite Event
Capturely requires a minimum of 21 days’ notice to book SErvice providers for onsite Events.
- Services outside Scope
If you request Capturely to perform services not listed or available at www.capturely.com/services, and Capturely agrees to provide those services, Capturely will provide the additional cost on the Work Order or any Change Order related to the services outside its normal scope.
- Content Satisfaction
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.
- Independent Contractor
Capturely shall be considered an independent contractor of Client.
- 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 remain our copyrighted material and the terms and restrictions within this license also apply to those derivative works.
- Prohibited uses
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.
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.
If we grant a license to your company or entity and that company or entity is later sold to a third party, the license shall automatically transfer to the new owner.
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, 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 at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of 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 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.
We certify that we have obtained appropriate releases from any models depicted in the Content and 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.
- Uncontemplated Items.
If we encounter a situation not covered by the Invoice, Work Order, Change Order 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.
- 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. Capturely requires a minimum of 150 Points for any single Event (deployment) and a minimum of 21 days notice.
BOTH ON-SITE AND PRODUCT CONTENT PRODUCTION:
- Work Orders.
Your Production Executive will assemble your Work Order of Services that outlines the Services for which Capturely will be performing. By signing the Work Order you agree it correctly describes date, time, location, cost, and Services you would like Capturely to perform. Any modification to the Work Order will be governed through a mutually signed Change Order, not through verbal or email communication.
- Change Order.
Once a Work Order is issued (fully signed by both of us), if either of us requests any modifications to the Work Order, it must be in writing and issued on a Change Order. Every Change Order must be agreed to and signed by both parties.
- Holding a Date.
To hold a date we require a 25% deposit for the Event (shoot). Your deposit is nonrefundable. So if you cancel, you ain’t getting it back, it’s the cost of locking in the date. Rescheduling is a different story, see below.
You may reschedule an Event provided it is more than 14+ days from the date of the Event. Rescheduled Events done so within 14 or less days, we require a new deposit for the Event and an updated Invoice/Work Order/Change Order signed by both parties.
- Content Delivery.
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 work that we have completed for you. We 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.
ONLY ONSITE PHOTO/VIDEO PRODUCTION:
- Pre-Production Department.
As part of the scheduling process for Onsite Service, our Pre-Production department will lead a virtual walk through with you to finalize your Event details with you and our content creator. 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 and/or video production 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 he/she can assist you. If you make an error scheduling that causes your Event run longer than indicated in the Work Order and/or Change Order (intentional or not), you agree to pay $750/hour/Creator (prorated in 15min increments) for additional overrun production time.
If we show up to complete an onsite Work Order and/or Change Order and you are not prepared or want to reschedule you forfeit your deposit and will need to reschedule with a Production Executive.
- 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 outlined in your Work Order and/or Change Order. Capturely does not produce any Content that include excessive foul language, lewd or sexual content. We keep things PG-13 rated.
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 our content creator, after arriving ONSITE and at his or her sole discretion, feels the Work Order cannot be completed to the specification in the Work Order, the Client may choose to reschedule Event for another day (subject to rescheduling section), or continue with the shoot but will no longer have the nix it, fix it guarantee. In this case you get what you get and don’t throw a fit.
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. I hereby irrevocably authorize Capturely Inc. and 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 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, 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. I understand that Capturely Inc. and/or my employer is under no obligation to use the Materials.”
ONLY PRODUCT PHOTOGRAPHY:
- Shipping Costs. You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary insurance. As a courtesy, a Capturely team member can help coordinate the return shipment for your item, however Capturely is not responsible if a shipment is lost, delayed, or damaged, while in transit to or from our studio.
- Prohibited items. Do not deliver to us any Merchandise that contains, any living being, any illegal substance, narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any merchandise 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 our studio, 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.
- All packages should include the reference number for your project, which is detailed in 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 you specify return shipping when placing your order, we will return your Merchandise to you after completion of the Services. You can either provide a postage/shipping pre-paid label or you must provide a physical address (sorry, no PO boxes) for return. Due to import/export regulations, all return shipments must be to an address within the USA. The cost of return shipping and handling will be quoted prior to shipment, and you must pay the fee prior to shipping. You may also pick up your products at our studio location during business hours if you do not want them to be shipped. All return shipments are subject to our Limitation of Liability in section 4.
- Limitation of liability for damage or loss of Merchandise.
If your Merchandise becomes damaged or lost while in our possession, or during return shipment, we will, at our option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $500 USD total lifetime aggregate. For Merchandise valued greater than $500 USD you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage to Merchandise exceeding a total value of $500 USD, regardless of quantity. You recognize that this is a limit on our liability and agree to it.
Upon request, we will store your Merchandise free of charge for up to 30 days after completion of the Services. After 30 days, you must arrange with us for Merchandise to be returned, picked up, donated, or discarded. If we are unable to obtain your preference, Merchandise will be subject to our Abandonment policy in section 6 below.
- Donating or discarding.
Occasionally, the value of some Merchandise may be less than the cost of return shipping. If you do not want the Merchandise returned to you at the completion of the Services please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.
If your Merchandise is in our possession and we aren’t able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If we try to reach you to obtain return shipping information, or payment for return shipping, and 30 days pass without us receiving the necessary information or payment, we will then email you a notice informing you that your Merchandise is at risk of being donated, discarded, or sold. If another 30 days passes after we have emailed the aforementioned notice and we still have not received your return shipping information or payment for return shipping, 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 or proceeds from any sale.
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 performed for you 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 a flawless or perfectly accurate representation of your Merchandise. It is your responsibility to ensure the Content is appropriate for the final intended use and that it doesn’t 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 the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so it can be properly recorded on Work Order and/or Change Order. 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 project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team.
- Review period. After the Services in any particular Work Order and/or Change Order 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 provided us Merchandise it will be shipped back, donated, or discarded, as you have requested and as indicated on the Work Order and/or Change Order.
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.
Website security 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 or Lumaticimagery.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 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.
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 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 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, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms and Conditions.
- Limited Liability.
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
- Attorney fees
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.
- Equitable relief
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
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 Invoice or Change Order or Points Purchase Agreement(for past Clients) 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:
10951 Huston Ave.
North Hollywood, CA 91601
Email: [email protected]