Terms and Conditions
Last updated: May 27, 2023
At https://productphotographybypixartimages.com, our Service focuses on photography, videography, and related Content, including photographs, graphics, videos, audio recordings, and artwork (referred to as “Content” collectively). In these Terms, any products or items you send to us, whether they are the main subject or supporting props, are referred to as “Merchandise.” The Website accessible at https://productphotographybypixartimages.com is owned and operated by Pixart Images, LLC, a Texas Limited Liability Corporation (referred to as “Pixart Images,” “we,” or “us”). Whether you are an individual or representing an entity using our Service, you are considered a “Client” (or “you”) under these Terms.
These Terms of Service, combined with our Privacy Policy, establish the business relationship between you and Pixart Images, LLC. Should you have any questions or concerns about these terms, please feel free to contact us.
Please be aware that our Terms and Conditions is subject to periodic updates, and any revisions or modifications will be prominently displayed on this page.
Communication
In order to keep you informed about important updates regarding your account, orders, billing, Merchandise, legal notices, and other matters related to the service we provide, we will send you this information via the email address you provided during the order process. While we may occasionally reach out to you through telephone or postal mail, please note that it is not mandatory for us to do so.
To ensure that you receive our emails without any inconvenience, we kindly ask you to add any email coming from the domain “ProductPhotographyByPixartImages.com” to your email’s “whitelist.” This simple step will help ensure that our messages are not mistakenly marked as junk or spam and that you receive them promptly. We strive to maintain clear and effective communication with you, and we appreciate your cooperation in ensuring the smooth delivery of our emails.
Payment
Payment terms: In the case of projects exceeding $5,000 USD, clients have the option to submit a 25% deposit of the total project cost, with the remaining amount due upon project completion. Initially, clients will receive low-resolution watermarked images and videos, which will be replaced with full-size, un-watermarked versions upon receipt of the balance. It is important to note that if both parties agree in writing, alternative payment terms may supersede this section.
Non-Payment: In the event that payment for our services is not received, we reserve the right to initiate legal action to collect the outstanding payments. Furthermore, we may request the removal of any Content that we have delivered to you but remains unpaid. To safeguard our rights, we may also seek injunctive relief to prevent the unpaid Content from being published, reproduced, or displayed.
It is important to understand that if you choose to publish or use our Content without remitting payment, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement. We take the protection of our intellectual property seriously and will take necessary measures to enforce our rights.
Refund Policy
Under specific circumstances as detailed below, payments made to us may be eligible for a refund. Please note that apart from the instances mentioned, no other refunds, returns, exchanges, or modifications can be accommodated except for the following:
Cancellation: In the event that you wish to cancel your order, you have the option to do so within the specified time frame. If you have already made a payment, you can initiate the cancellation process by sending an email to info@productphotographybypixartimages.com, clearly stating your request for cancellation. Please note that cancellation requests must be submitted within 48 hours of the project start date.
It is important to understand that refunds cannot be provided for projects that are cancelled within 48 hours of the project start date. Additionally, due to the time-sensitive nature of rush orders, they cannot be cancelled once placed.
State Taxes
You acknowledge and agree that you are responsible for the payment of any and all applicable sales, use, or value added taxes, as well as any duties imposed by any jurisdiction. These taxes and duties may arise from the work performed for you by us or in relation to any license granted to you. It is your responsibility to fulfill the financial obligations associated with such taxes and duties.
Copyright Ownership and Usage
All Content provided by Pixart Images LLC retains its copyright and is considered the intellectual property of Pixart Images LLC, as is common in the industry. Unless explicitly agreed upon in writing by us, no transfer of copyright or ownership in any of the Content is granted. It is important to note that the rights to the Content remain with Pixart Images LLC, and any use or distribution of the Content beyond the scope of the agreed terms requires prior written consent from us.
The client acknowledges and agrees that photos and videos shall not be edited, cropped, altered, or distorted in any way without prior consent from us.
Freelancers and Agencies
We affirm that we have obtained the necessary releases from all models depicted in the Content, ensuring that the use of the Content will not violate any moral rights, privacy rights, or rights of publicity of the models portrayed in the Content. This certification provides assurance that the Content can be utilized without infringing upon the aforementioned rights of the models, as long as it is used in accordance with the specified sections of the Agreement.
Creative Process
As our valued client, you have the option to exert creative direction over various aspects of the project, including lighting, arrangement, camera angle, and editing. If you decide to exercise this creative input, we kindly request that you provide such direction in advance, ensuring that it is accurately recorded on the invoice, shot list, and any relevant attachments. It is crucial to have this creative direction clearly documented before making your payment.
Please note that providing specific creative direction is not mandatory for your project. If you choose not to provide explicit instructions on certain creative aspects, our experienced production team will exercise their professional judgment to deliver the best possible outcome. We are committed to collaborating with you and fulfilling your vision to the best of our abilities.
No Other Warranties
The Content is provided to you on an “as-is” basis, with no warranties of any kind, whether express or implied, to the fullest extent permitted by law. This includes, but is not limited to, warranties of merchantability or fitness for a specific purpose. We do not guarantee or warrant that the Content will meet your specific requirements or that it will be free from any errors. It is important to understand and acknowledge that we cannot provide any assurances regarding the suitability or flawless nature of the Content.
Denial of Service
In situations where we determine that your project may not align with our capabilities or meet our criteria, we retain the prerogative to exercise our right to refuse service and decline your project. We value transparency and ensuring that we engage in projects where we can provide optimal results and satisfaction to our clients. Thus, we reserve the discretion to decline projects that may not be an ideal fit for our services.
Indemnification
You agree to protect and hold us, as well as our employees, officers, and owners, harmless from any losses, including attorney fees, that may arise from any claims you make in violation of the restrictions outlined in these Terms, such as the Limitation of Liability or other provisions. Additionally, you agree to indemnify, defend, and safeguard us against any losses, including attorney fees, resulting from third-party claims alleging that you have engaged in actions that, if proven true, would be considered a violation of any of these Terms. We appreciate your understanding and cooperation in upholding these provisions.
Limitations of Liability
Pixart Images, LLC shall not be held responsible for any losses resulting from your use of our Service or Content, to the maximum extent permitted by law. You assume full liability for any such losses. Under no circumstances, including cases of negligence or prior warning, shall Pixart Images, LLC, its employees, officers, or owners be liable for any indirect, special, punitive, or consequential damages. This includes but is not limited to damages arising from delays or other circumstances.
Legal Fees
If legal proceedings arise, the party that prevails in the litigation shall be entitled to recover its reasonable costs, necessary disbursements, and attorney’s fees incurred in enforcing this Agreement from the opposing party.
Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the state of Texas, specifically applying to agreements made and performed within Texas between residents of Texas. These laws shall take precedence without considering any conflicting provisions of Texas law.