Terms & Conditions
INTRODUCTION TO TERMS AND CONDITIONS OF SERVICE
Thank you for visiting our website at www.arco.photography (the “Website”). The Website is the property of Arco Product Photography, Inc., a Utah corporation (“APP”). APP owns and operates the Website and all Content (as defined below) that is on the Website. The Website and Content are copyrighted work belonging to APP.
ACKNOWLEDGMENT OF AGREEMENT; INTENT TO BE BOUND BY TERMS OF SERVICE
Whenever used in these Terms, unless there is something inconsistent in the subject matter or context, the following words and terms shall have the meanings set out below. Additional terms may be defined in the location in which they appear in these Terms.
"Art Direction" refers to instructions, mock-ups, sketches, drawings, photographs, diagrams, guidelines, preferences, and other directions given by the Client to APP in a Shot List regarding the creation of an Image.
“Business Day” means any day except Saturday, Sunday, and any federal or state holiday.
"Client" means the Person seeking the services of APP and may also be referred to in these Terms as “you" and "your”.
"Image(s)" means the photographs, graphics, illustrations, composite images, and any other visual representations of a Product furnished to the Client by APP.
“Product" means anything that the Client sends to APP to be photographed. A Product with several pieces or components is considered one Product if it is intended to be marketed and sold as a single unit. Non-related Products, each with their own product listing, will be considered a separate Product. Product shall include all components, parts, and pieces associated with the Product.
“Person” means any individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, Governmental Authority, and a natural person in such person’s capacity as trustee, executor, administrator or other legal representative or any other entity.
“Reshoot” means the act of photographing a Product that has previously been photographed.
"Shoot" means the time slot allocated to, and the act of, photographing a Product.
"Shoot Date" means the date APP begins photographing the Product. A Shoot Date will be listed on the invoice.
“Shot List" means a written form containing Art Direction for each Image requested by the Client. The Shot List shall be submitted to APP by the Client in the template provided by APP.
PRODUCTION TIMELINE AND PRODUCT DELIVERY
The Shoot will take place on or after the Shoot Date. The Product shall be delivered to APP at least 48-hours prior to the Shoot Date. Client may reschedule a Shoot Date by providing a written request to APP at least 24-hours in advance. Client will not incur additional fees to reschedule a Shoot Date. If a pattern of rescheduling and cancelling develops with a Client, then APP reserves the right to deny a request to reschedule.
APP will deliver to Client the Image(s) within seven (7) Business Days from the Shoot Date (the “Delivery Date”). All Image(s) will be delivered electronically to the Client’s email provided to APP with a link to download the Image(s). The link to the Image(s) will be active for a period of six weeks from the date of delivery. Two (2) copies of each Image will be included in a TIFF and JPEG format. Each file will be at least 1800px on the longest dimension. TIFF files will generally be saved in the Adobe RGB 1998 color space, with LZW compression, at 300dpi. JPEGs will generally be saved in the sRGB color space, at 300dpi.
The Client is welcome to make special requests for crops, resizing, or delivery in a specific format. APP will generally comply with reasonable requests. APP shall not provide an unfinished Image to the Client. All RAW, unprocessed, or in-process Images will not be made available. APP may send Client a proof of an Image for feedback or approval and proofs will generally have reduced resolution and contain a watermark. The Client is not authorized to post or use a proof in any way.
All payments are due at least 24-hours before the Shoot Date. Failure of Client to pay the full invoice amount will cause the Shoot to be cancelled or rescheduled. An overpayment will be refunded upon request or after the Delivery Date and will generally be initiated within 48 hours of the Delivery Date. Circumstances may vary depending upon the Client’s financial institutions and other circumstances. Any amount due to APP shall be paid in full prior to the delivery of the Images.
PRODUCT CONDITION AND RETURN Shipping
All Products will be shot as received by APP. Client is responsible to provide APP a Product that is in excellent condition and free of all defects including dings, scratches, nicks, marks and other imperfections. APP will perform minor retouching services on all Image(s). Risk of Loss and damage to Products shall remain with Client during all times a Product is in the possession of APP. All Products shall be packed for shipment and storage in the standard manner suitable for deliver of a Product. APP strongly recommends insuring a Product prior to delivery to minimize potential loss and damages to a Product.
Client acknowledges and expressly consents to APP’s application of wax, adhesive, pins, clamps, or other similar devises to a Product to maximize the quality of an Image. Client further acknowledges and expressly consents to APP opening, using, testing, or otherwise experimenting with a Product. For Client to restrict APP’s grant of use and application rights of a Product under these Terms, express written restrictions must be provided to APP in the Art Direction.
If Client desires for the Product to be returned, Client shall provide a prepaid return shipping label and any special packing requirements for the Product. Failure to provide a return shipping label to APP shall be deemed an irrevocable waiver of all rights to the Product and Client shall be deemed to have transferred all rights to ownership in the Product to APP. APP will exercise reasonable efforts to return a Product within ten (10) days following the Delivery Date.
Client shall be responsible for providing Art Direction for the Shoot and contained in the Shot List. Client acknowledges that the Shot List shall govern the Shoot and shall be the information relied upon by APP when preparing an Image. All Art Direction must be finalized prior to a Shoot. On set or remote Art Direction is prohibited. If Client fails to provide a complete and comprehensive Shot List, APP will exercise its best judgment to shoot the Product.
Client acknowledges that APP will make every reasonable effort to follow the Art Direction contained in a Shot List. Additional modifications of an Image, in a way that deviates from the Art Direction, including Reshoots or post-production necessary to achieve a look contrary to the Art Direction, will be billed at a rate of $75.00 per hour.
The Client may request adjustments to a final Image and APP will generally provide reasonable adjustments to an Image, according to their absolute, sole, and complete discretion at no cost. All requests shall be made in writing and within 48-hours of receipt of a final Image. Client acknowledges that extensive retouching is not included in the base Image price. Additional retouching services shall be billed at a rate of $75.00 per hour.
RESHOOTS, REFUNDS, & RESCHEDULING
In the event Client has provided clear Art Direction in the Shot List and APP fails to follow the Art Direction, APP will Reshoot the Product at no additional charge to the Client. A request for a Reshoot shall be received within 48-hours of the Delivery Date. All other requests for a Reshoot will be billed at our standard rates.
APP reserves the right to grant a full or partial refund depending upon the facts and circumstances associated with a request for refund from Client. A full refund will be granted by APP if written notice of cancelation is received prior to the Shoot Date or if the request for refund is received within 48-hours from the Delivery Date and includes the reasons for the request of refund. APP’s decision to grant a refund shall be based upon several factors, including but not limited to: whether APP has incurred costs associated with the Client’s Shoot (such as engagement of special talent, devotion of significant time, purchase of props or other accessories, or the allocation of APP resources for the Shoot). Refunds will be credited to the account or card from which the invoice was paid. In the event of a refund, Client shall be prohibited from using the Image in any way and the license granted to Client under these Terms shall be terminated.
If APP fails to deliver an Image on or before the Delivery Date, then Client will be granted the option to schedule a Reshoot or receive a full refund. In the event Client elects to receive a refund, APP will reimburse Client for shipping costs following valid proof of the shipping costs incurred by Client to ship the Product to APP.
OVERSIZE AND PREMIUM PRODUCTS
Pricing structure is based on an assumed time commitment for creating each Image. Some Products, by their nature, require more time to shoot, and we charge extra to photograph those Products. Any Product larger than 24" in any dimension, or heavier than 30 lbs. shall be deemed as an “Oversize Product”. APP reserves the right to alter or amend the pricing structure associated with any Oversize Product. All terms and conditions associated with an Oversize Product, including an increase in fees to Shoot an Oversize Product will be communicated on the invoice provided to the Client.
DISCOUNT PHOTOGRAPHY PACKAGES
APP offers several photo bundle packages that allow the Client to purchase a group of Images at a discounted rate. Package deals are designed for promoting a single Product. Packages deals are not available for bundling together Images of multiple Products. Multiple Products may qualify for a bundle deal, according to the sole, complete, and absolute discretion of APP, if they are related or easily shot with the same setup.
PRODUCT LIMITATIONS;CLIENT ACKNOWLEDGMENTOF OWNERSHIP
APP reserves the right to decline to Shoot any Product that APP, in its sole, complete, and absolute discretion, based upon size, type, and any Product that APP finds distasteful, damaging, sexually explicit, pornographic, obscene, demeaning, racist, discriminatory, harmful, vulgar, illegal, contrary to APP’s business values, or for any other reason determined by APP. Additionally, APP declines to photograph any type of controlled substance including pharmaceuticals, tobacco products, alcohol, vaping products, illegal drugs, marijuana, contraband, and any paraphernalia associated with those products.
As provided in these terms, the Client warrants and represents that it has the legal right to engage APP and obtain an Image of the Product. APP will not Shoot any Product that has copyright protections article, unless the Client owns the copyright or trademark. This includes logos, stock photos, artwork, graphics, trademarks, etc. APP will only shoot copyrighted material that the Client is legally licensed to have photographed. It is the Client's obligation to know if the Product contains copyrighted material. The Client agrees to only provide APP with Products that can be legally photographed, and the Images used without violating copyright law.
Client represents and warrants that it has a valid license or otherwise owns all right, title, and interest in and to the Product that will be used by APP. APP’s services under these Terms and the Shoot of a Product will not infringe, misappropriate, or otherwise violate any rights of any Person in the Product. The Client has not misappropriated or made any unauthorized disclosure or use of the Product or breached any obligations associated with the Product and the intended use.
Subject to these Terms, APP hereby grants Client a non-exclusive, non-transferable, non-sublicensable, revocable, unlimited license to access and use the Image(s) for Client’s online and printed marketing, sale, and promotion of the Product. The Client is permitted to provide Images to its distributors, marketers, and retailers for promotion of the photographed Product. The Client may not use the Images to promote a different product. If the client wishes to do so, additional licensing is available for purchase. The Client is not permitted to give, post on a stock site, transfer, sell, convey, assign, grant, or license an Image to any Person. Third parties may purchase a license from APP with the consent of the Client.
Client acknowledges that APP reserves the right to use the Image for self-promotion and portfolios including advertising and marketing on the Website.
INTELLECTUAL PROPERTY OWNERSHIP
All documents, data, content, information, material, and text on the Website, any service marks, copyrights, logos, names, trademarks, characters, graphics, brand identities, trade names, designs, trade dress, or other intellectual property appearing on the Website, and the look and feel, compilation, organization, illustrations, software, videos, graphs, charts, and other works on the Website (collectively, the “Content”) are owned by APP and are protected under trademark, copyright, and other intellectual property and proprietary rights laws. Client agrees not to copy, distribute, display, disseminate, or otherwise reproduce any of the Content on the Website without receiving APP’s prior written permission. All right, title, and interest in and to the Content will always remain with APP.
STORAGE OF DIGITAL IMAGES
Although APP keeps an archive of Images it is not obligated to archive the Client's Images. Following the expiration of the link containing the Images, the Client may request a file retrieval from APP’s archived Images if the Image is still maintained by APP. The client acknowledges that a fee of $25.00 will be charged to Client for the retrieval and delivery of an archived Image.
Images featuring a model will not be altered by the Client, or any third party, to feature a different product. Images featuring a model will not be placed in a context that would infer a meaning radically different from the original intent of the photograph. Prior to the Shoot, APP will ensure that any model featured in an Image has signed a model release. This model release will typically allow for all uses permitted in our standard license as described inthese Terms. Any special restrictions on use will be recorded on the invoice, or in a document delivered to the Client before delivery of final Images. If APP is unable to obtain a model release allowing for the uses the Client has requested, the Client will be offered a Reshoot with a different model or be offered a full refund for those Images.
NOTICE OF COPYRIGHT INFRINGEMENT
Client acknowledges that failure to adhere to these Terms may result in violation of federal copyright law under the United State Code. An infringement of APP’s copyrights will enable APP to actual damages and profits and statutory damages as provided under Title 17, Chapter 5, Section 504 of the United States Code. Additional remedies may include criminal prosecution, attorney fees, and other rights under applicable law.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM CLIENT MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE AND CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
CHOICE OF LAW
These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by the laws in force in the State of Utah, without giving effect to any choice or conflict of law provision or rule.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND APP HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER APP NOR ANY PERSON ASSOCIATED WITH APP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT SERVICES PROVIDED AND USE OF THE IMAGES. WITHOUT LIMITING THE FOREGOING, NEITHER APP NOR ANYONE ASSOCIATED WITH APP REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL APP OR ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO CLIENT’S USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR IMAGE INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE AND THE CONTENT AND IMAGE IS AT CLIENT’S SOLE RISK.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section may not apply to the Client.
Client agrees to indemnify and hold APP, its officers, shareholders, employees, agents, affiliates, subsidiaries, joint ventures, and successors harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) Client’s use of the Website, (ii) Client’s use of the Content and the Image(s), or (iii) Client’s violation of this Agreement. APP reserves the right, at Client’s expense, to assume the exclusive defense and control of any matter for which Client is required to indemnify APP and Client agrees to cooperate with APP’s defense of these claims. Client agrees not to settle any matter without the prior written consent of APP. APP will use reasonable efforts to notify Client of any such claim, action or proceeding upon becoming aware of it.
JURISDICTION AND VENUE
Any legal suit, action, or proceeding arising from or relating to these Terms, or the subject matter, breach or validity thereof shall be instituted exclusively in the federal court located in St. George, Utah and all state court matters in the fifth judicial district court in Cedar City, Utah. Client agrees to waive any and all objections to the exercise of jurisdiction over Client by such courts and to venue in such courts.
If a provision of these Terms is found to be unlawful, conflicting with another provision of these Terms, or otherwise unenforceable, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.
This Agreement constitutes the entire agreement between you and APP regarding the use of the Website and Content and receipt of services associated with the production of the Images. APP’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. This Agreement, and Client’s rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by the Client without APP’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees. In the event of any litigation between parties regarding this Agreement the prevailing party shall be entitled to the payment by the losing party of its reasonable attorney fees, court costs and litigation expenses.
CHANGES TO THE TERMS OF SERVICE
APP may amend these Terms from time to time. If APP makes a material change to these Terms, APP will indicate (on the Website or otherwise) that the Terms have changed and will provide a link to the new Terms. In the event APP makes a material change to these Terms, APP will provide the Client with an opportunity to opt-out of such revised Terms. The date these Terms were last revised is at the top of this page. Client is responsible for periodically reviewing these Terms to check for any updates or changes.
PERSONAL INFORMATION WE COLLECT
By visiting the Website, APP automatically collects certain information about the Client’s device, including information about Client’s web browser, IP address, time zone, and some of the cookies that are installed on Client’s device. Additionally, as the Client browses the Website, APP collects information about the individual web pages or products that the Client views, what websites or search terms referred the Client to the Website, and information about how the Client interacts with the Website. APP refers to this automatically-collected information as “Device Information”.
Device Information is collected as follows:
“Cookies” are data files that are placed on the Client’s device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
“Log files” track actions occurring on the Website, and collect data including the Client’s IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how the Client browses the Website.
Additionally, when a Client makes a purchase or attempts to make a purchase through the Website, APP collects certain information from the Client, including the Client’s name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. This is referred to as “Order Information.”
For purposes of these Terms, “Personal Information” refers to Device Information and Order Information.
USE OF PERSONAL INFORMATION
Order Information is used to fulfill any orders placed through the Website (including processing payment information, arranging for shipping, and providing the Client with invoices and/or order confirmations). Additionally, APP uses this Order Information to: Communicate with the Client; Screen orders for potential risk or fraud; and when in line with the preferences the Client has shared with APP, provide the Client with information or advertising relating to APP’s products or services.
Device Information is used to screen for potential risk and fraud (in particular, the Client’s IP address), and more generally to improve and optimize the Website (for example, by generating analytics about how APP’s customers browse and interact with the Website, and to assess the success of our marketing and advertising campaigns).
SHARING PERSONAL INFORMATION
Personal Information is shared with third parties to help APP use your Personal Information, as described above. For example, APP uses Wix to power our online store--you can read more about how Wix uses Personal Information here: https://www.wix.com/about/privacy. APP also uses Google Analytics to help APP understand how its customers use the Website--you can read more about how Google uses your Personal Information here:
You can also opt-out of Google Analytics here:
Finally, APP may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information APP receives, or to otherwise to protect its rights.
As described above, APP uses Personal Information to provide the Client with targeted advertisements or marketing communications APP believes may be of interest to the Client. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at
You can opt out of targeted advertising by visiting:
FACEBOOK - https://www.facebook.com/settings/?tab=ads
Additionally, the Client may opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
DO NOT TRACK
APP does not alter the Website’s data collection and use practices when APP is made aware of a Do Not Track signal from your browser.
When you place an order through the Website, APP will maintain the Client’s Order Information for its records unless a request is made by the Client to delete this information.
Questions regarding these Terms should be directed to:
Arco Product Photography
44 West Harding Avenue
Cedar City, Utah 84720
United States of America