GENERAL:
The following are the terms and conditions of a legal agreement between you, the Client, and eCommercephoto.co. By accessing, viewing, browsing, or downloading any content from this site, you agree to be bound by these Terms of Use and that you have read and understand all of the terms herein and that you will comply with all laws and regulations applicable to the use of this website. If you do not agree to any of these terms, please do not use this website.
eCommercephoto.co may, without any notice, revise and update these Terms of Use and any other material presented within this website. We may also make changes to products, services, and pricing without notice. eCommercephoto.co reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
If any part of this Agreement is 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 of this Agreement shall remain in full force and effect. If eCommercephoto.co chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver the rights of eCommercephoto.co , with respect to such a breach or any subsequent breaches of this Agreement. This agreement shall be governed and construed in accordance with the laws of the State of California. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in California.

DEFINITIONS:
As used herein and throughout these Terms and Conditions (“Terms and Conditions”):
"Image(s)" means all visual representations furnished to Client by eCommercephoto.co, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
"Copyrights" means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under U.S. Copyright Law.
RIGHTS:

ROYALTY FREE UNLIMITED USE LICENSE
A) The client is given royalty free license for unlimited usage rights for an indefinite amount of time. This applies to unlimited amount of mediums and alterations for promotional and advertising usage of the company that made the order.
B) Third Party Usage
The client may not re-license or sell ownership of the images, license the images to others or give images to others for 3rd Party Usage. All Third Party Usage must be negotiated separately with eCommercephoto.co.
Unlicensed usage, such as third party usage is a copyright violation. More info can be found at http://www.copyright.gov/title17/92chap5.html

TERMS OF PAYMENT:
Credit Card Online
• Place your order online and pay in full with a credit card. We accept most major credit cards via Paypal.

MONEY BACK GUARANTEE:
We want you to be satisfied, so tell us exactly how you want us to photograph your product.
A) eCommercephoto.co. provides great service, images, quick turnaround and discounted rates. We are able to accomplish this with the client's help and direction at the beginning of the project. We do not have clients on set for art direction.
B) Art direction is defined as the client or representative on set for approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot.
C) Direction of how the images are to be photographed must be specified at the beginning of the project. Specific direction from the client should be delivered at the time of placing your order. The order form is set up to offer useful direction from the client to eCommercephoto.co. The client may also provide drawings, illustrations, cell phone images, reference sheets, urls, and/or a style guide to better demonstrate preferences.
D) If The Client decides they are unhappy with the images, we will refund the payment under limited circumstances. If the photos were arranged according to direction from The Client and there is a change request from The Client regarding position and style of the photography after the product shots have been taken, there will be an additional charge for this second phase of shooting.
E) If no example or guide images are provided than the client loses the right to a refund, revision or approval.

SHOT LIST:
Each project must include a shot list when you send us your product. No photography will begin until either a shot list, or a written statement giving us ( eCommercephoto.co ) complete creative direction. 
This list provides us with an inventory list to compare against the products that you shipped to us. The shot list will include the following information about your product photography project:
· item number
· product name
· single shot or group shot
· how many shots per product
· how you would like your files named
· if you would like a shadow, reflection, or none
A shot list template / example is included on the eCommercephoto.co web site.

Refund Policy, Revisions and Image Approval/Disapproval
A) The client will be given the chance to approve or disapprove an image within the framework of the guide images at the conclusion of the photo-shoot via email or phone call when the images are posted to the download site, not before. The product in the disapproved image may be re-photographed or re-retouched up to 2 times or the client may choose to receive a refund per image within 7 business days of the delivery date.
B) Disapproval must be expressed in detail as a phone call or email and very specific changes must be made clear.
C) If the disapproved image has been re-photographed or re-retouched 2 times or more, the photographer may choose to refuse additional changes and issue a refund of the image cost, force closing the job.
D) Using the images after a refund is a violation of copyright law and such violations will be pursued.
E) Usage of the image constitutes approval of the images.
F) The client may not request a refund, changes or reshoots after the client has approved the final images.
G) Images not downloaded after 30 days will be considered orphaned, the product forfeited and job closed.
H) Images that are disapproved are no longer liable to the 7 business day turn around time or 3 day rush time.
I) Disapproved images will be given an additional 7 business day turn around time or with rush 3 business day turn around time to reshoot or re-retouch the disapproved images.

DELIVERY DATE:
1-14 product photos will be completed in 7 (seven ) business days.
For product photo orders over 15 images, eCommercephoto.co will provide you with a schedule.
Business days are Monday through Friday, not including holidays.
The turnaround time begins the next business day after all of your product(s) for the contracted photo-shoot arrive in our studio.
If eCommercephoto.co does not meet the 7 day turnaround for up to 15 product photos or the agreed upon schedule for 16 and over images, and it is the sole fault of eCommercephoto.co, the client may request a partial refund of up to 15% per day past the 7 Business day period. If the client changes the parameters of the original order during the project’s scheduled dates, eCommercephoto.co will contact the client with a new project schedule and eCommercephoto.co will not be held liable for missing the original delivery date.

RUSH DELIVERY:
eCommercephoto.co offers a 3 day rush service for projects with 1-15 images. All rush projects include an additional fee per photo. Rush projects are subject to availability and scheduling. All rush projects need to be approved by eCommercephoto.co prior to receiving your items for scheduling purposes. The 3 day rush service begins on the first full business day after receiving your product. 

IMAGE HOSTING SERVICE:
The Image Hosting Service is provided as a convenience to clients and associates of eCommercephoto.co. While we make every effort to ensure availability, stability and security of this service, eCommercephoto.co does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. eCommercephoto.co will host the images for three months (90 days) from the date the shots were first made available to you for download. eCommercephoto.co recommends that you make backup copies of all files contained within your account and that you only provide username and password information to associates to whom you would like to grant access to these files. You hereby understand and agree to hold eCommercephoto.co harmless and defend eCommercephoto.co against any claim resulting from the use of this service, including, but not limited to: Unavailability of the service, loss of data, corrupted data, inaccurate data, breach of account security, and damage or loss of data caused by using this service.

PRODUCT RETURN:
If you would like your products returned we can ship them to you with a return label that you provide, or we can invoice you for the shipment. We will always try to use the same packing materials we received with your products.
eCommercephoto.co will not be held responsible for damaged or lost goods in the shipping process.

INDEMNIFICATION / LIABILITY:
By Client. Client agrees to indemnify, save and hold harmless eCommercephoto.co from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Client’s responsibilities or objections, representations or warranties under this Terms and Conditions. Under such circumstances eCommercephoto.co shall promptly notify Client in writing of any claim or suit; (a) Client has sole control of the defense and all related settlement negotiations; and (b) eCommercephoto.co provides Client with commercially reasonable assistance, information and authority necessary to perform Client’s obligations under this section. Client will reimburse the reasonable out-of-pocket expenses incurred by eCommercephoto.co in providing such assistance.

LOST OR DAMAGED PRODUCTS
It is the client’s responsibility to maintain insurance, for loss or damage on their products, during shipping to and from eCommercephoto.co and during the eCommercephoto.co photography process. The client is responsible for any lost or damaged product while in the care, custody or control of eCommercephoto.co.

DISCLAIMER:
There are certain risks in using any information, software, or products found on the Internet; and eCommercephoto.co cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. Reasonable care has been taken with regard to this site's content, eCommercephoto.co does not warrant or represent that this site's content is accurate, complete, or up-to-date, nor does it warrant or represent that access to and use of this site or the server which makes it available will be uninterrupted, error-free, and free of computer viruses or other harmful components. The content of this site may include technical inaccuracies or typographical errors for which eCommercephoto.co assumes no responsibility.
All of the materials provided herein, including all of the materials available on third party sites, are provided on an "as is" and "as available" basis and without warranties of any kind, either express or implied.

LIMITATION OF LIABILITY:
eCommercephoto.co is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site. In no event shall eCommercephoto.co be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the eCommercephoto.co Web Site.
Notwithstanding the above, in no event shall eCommercephoto.co’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to eCommercephoto.co by you in connection with the transaction claimed by you to give rise to your claim.

COMMUNICATIONS AND SUBMISSIONS:
All personal data transmitted to eCommercephoto.co over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. However, any communications or other materials, which you submit to eCommercephoto.co or this Web site, (including, but not limited to, e-mails, reviews or other postings relating to products, experiences, suggestions or other subject matter) will be treated as non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.