Terms&Conditions
Terms & Conditions [Service Provided]
Scheduling & Cancellations
All appointments require a $50 deposit to secure a date and time. If you need to reschedule or cancel your appointment for any reason, make sure to do that 48 hours prior to your appointment. If for any reason you have to cancel or change your appointment within that 48 hour window you’ll automatically forfeit your $50 deposit. Another $50 will be required if you would like to secure another appointment.
Unlimited Personal Usage
All of our portraits come with unlimited personal usage. You can email your photo to all of your friends and family members with no restrictions. We do however manage the commercial usage of our portraits. Our customers typically receive plenty of commercial usage rights for local and web use. If your company is a major one like Dell, Google, Bank of America, Apple, etc. and your marketing team wants to use your portrait on a national level that’s when a price will need to be agreed upon. This is a rare occurrence.
topTerms & Conditions [Website]
Your use of the ProfilePortraits.com web site constitutes your agreement to follow these rules and be bound by them. If you do not agree with any of these Terms and Conditions, you are not permitted to use the ProfilePortraits.com web site. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Copyright Notice
Portraits:
Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this site may not be reproduced in any way. All images created by photography or any other means by Profile Portraits are the property of Profile Portraits, our licensing partners, or are used with permission.
Content:
All of the content on the ProfilePortraits.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively "content"), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses (collectively "rights") held by Profile Portraits, one of our affiliated companies or by third parties who have licensed their materials to us or to one of our subsidiaries. The entire content of the ProfilePortraits.com web site is copyrighted as a collective work under U.S. copyright laws.
In addition to Profile Portraits Rights in individual elements of the contents, Profile Portraits owns a copyright in the selection, coordination, arrangement and enhancement of the content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part.
Except as otherwise provided in a written agreement from Profile Portraits, the content of the ProfilePortraits.com web site, and the site as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download, print and studio selected portions of the Content, provided you (1) only use these copies of the content for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any medium, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Profile Portraits reserve complete title and full intellectual property rights in any content you download from this web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Profile Portraits.
topDisclaimers
The ProfilePortraits.com web site is operated on an "as is," "as available" basis, without representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Profile Portraits, and our affiliated companies disclaim any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.
Profile Portraits does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Profile Portraits does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Colors and availability of products at the studios may vary. You assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.
Profile Portraits makes no representation that content provided on the ProfilePortraits.com web site is applicable or appropriate for use in locations outside of the United States.
topYour California Privacy Rights
If you reside in California and have provided your personal information to us, you may request certain information once per calendar year about our disclosures of personal information to third parties for their direct marketing purposes. Within 30 days of receiving your request, we will provide you with a list of the categories of personal information disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. To make such a request, please send an email to donotshare@ProfilePortraits.com or write us: Attention: Marketing Sharing, 2015 Cedar Bend Dr. Ste. 308 Austin, TX 78758. Please note that you must direct your request to the email address or business address specified in this paragraph.
topEffective Date
This Terms & Conditions, as amended, is effective as of March 14, 2013.
How do I contact Profile Portraits if I still have questions?
You may contact us by using the Contact Us link, under Customer Care at ProfilePortraits.com. We try to reply promptly to every message we receive. This information is used to respond directly to your questions or comments. We may also file your comments and share them with our Customer Service team to improve our service in the future. Your personal information will only be shared with third parties in the event that we need to follow up with specific order-related questions or comments; the third parties will not use your information for promotional or any other purposes.
topIf you still have questions or concerns regarding our privacy policy, please write us at:
customerservice@ProfilePortraits.com
Terms & Conditions [Image Usage]
[1] Definition:
“Image(s)” means all visual representations furnished to Client by Profile Portraits, whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.
top[2] Rights:
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Profile Portraits. Unless other wise specifically provided elsewhere in this document, any grant of rights is limited to a term of one (1) year from the date here of and to usage in print (conventional non-electronic and non-digital) media in the territory of the United States. Unless otherwise specifically provided elsewhere in this document, no images licensed for use on a cover of a publication may be used for promotional or advertising purposes without the express permission of Profile Portraits and the payment of additional fees. No rights are transferred to Client unless and until Profile Portraits has received payment in full. The parties agree that any usage of any Images without prior permission of Profile Portraits will be invoiced six times Profile Portraits ‘s customary fee for such usage. Client agrees to provide Profile Portraits with three copies of each published use of each image not later than 15 days after the date of first publication of each use.
top[3] Photo Credit:
All published usages of Images will be accompanied by written credit to Profile Portraits or copyright notice as specified on the reverse side unless no placement of a credit or copyright notice is specified.
top[4] Alterations:
Client may make or permit any alterations, including but not limited to additions, subtractions, or adaptations, in respect of the Images alone or with any other material, including making digital scans, subject to the provisions as stated in [7] below.
top[5] Indemnifications:
Client will indemnify and defend Profile Portraits against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Profile Portraits, no model or property release exists. Profile Portraits’s liability for all claims shall not exceed in any event the total amount paid under this invoice.
top[6] Assumption of Risk:
Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability. Client shall indemnify Profile Portraits against all claims, liability, damages, and expenses incurred by Profile Portraits in connection with any claim arising out of use of said material hereunder.
top[7] Transfer and Assignment:
Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Profile Portraits, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice my reflect, and client is bound by, Client’s oral authorizations for fees and expenses that could not be confirmed in writing because of insufficient time. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended. To the maximum extent permitted by law, the parties intend that this agreement shall not be governed by or subject to the UCITA of any state.
top[8] Disputes:
Except as provided in [9] below, any dispute regarding this agreement shall, at Profile Portraits ‘s sole discretion, either:
(1) be arbitrated in [Austin, Texas]; provided, however that the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance wit the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $5000 or less may be submitted without arbitration to any court having jurisdiction there of. OR
(2) be adjudicated in Austin, Texas under the laws of Texas. (3) In the event of a dispute, Client shall pay all court costs, Profile Portraits ‘s reasonable legal fees, and expenses, and legal interest on any award or judgment in favor of Profile Portraits.
top[9] Federal Jurisdiction:
Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Profile Portraits under the Copyright Act of 1976, as amended.
top[10] Overtime:
In the event a shoot extends beyond eight (8) consecutive hours, Profile Portraits may charge for such excess time of assistants and freelance staff at the rate of 1 ½ their hourly rates.
top[11] Reshoots:
Client will be charged 100 percent fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, Profile Portraits will charge no additional fee, and Client will pay all expenses. If Profile Portraits charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expenses covered by insurance. A list of exclusions from such insurance will be provided on request.
top[12] Cancellations and postponements:
Client is responsible for payment of all expenses incurred up to the time Profile Portraits receives actual notice of cancellation, plus 50 percent of Profile Portraits’s fee. If notice of cancellation is given less than (2) business days before the shoot date, Client will be charged 100 percent fee. Whether postponements: Unless otherwise agreed, Client will be charged 100 percent fee if postponement is due to weather conditions on location and 50 percent fee if postponement occurs before departure to location.
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