Terms & Conditions

GENERAL:
The following are the terms and conditions of a legal agreement between you, the Client, and OneEpicImage, Inc. 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.

OneEpicImage, Inc 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. OneEpicImage, Inc 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 OneEpicImage, Inc chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver the rights of OneEpicImage, Inc, 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 Florida. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in Florida.

DEFINITIONS:

As used herein and throughout these Terms and Conditions (“Terms and Conditions”):

"Image(s)" means all visual representations furnished to Client by OneEpicImage, Inc, 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 OneEpicImage, Inc.

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:

A) Estimate and contract will be sent and must be approved via email.

B) The Client must pay 25% of the costs up front to initiate all orders.

C) Balance of invoice is due upon completion of project and prior to release of final images.

MONEY BACK GUARANTEE:

We want you to be satisfied, so tell us exactly how you want us to photograph your product.

A) OneEpicImage, Inc. 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 allow clients on set for art direction.

B) Art direction is defined as the client or representative on set physically or virtually via video 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 OneEpicImage, Inc. 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 then the client loses the right to a refund, revision or approval.

F) Using the images after a refund is a violation of copyright law and such violations will be pursued.

PRODUCT QUALITY AND RESULTING IMAGE:

A) One Epic Image, Inc. will photograph the item as it arrives at the studio. If the item has flaws, mislabels, improper printing, nicks in the package or products, inherent damage, it will be photographed as such.

B) If the item arrives unacceptably damaged as determined by our receivables department, you will be contacted and given a chance to send a new item to be photographed.

C) One Epic Image, Inc. may retouch certain minor flaws inherent in the product but it is not required to.

D) One Epic Image, Inc. can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup.

SHOT LIST:

A) 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 (One Epic Image, Inc.) complete creative direction is received.

B) 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

C) A shot list template / example is included on the One Epic Image, Inc. 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 in 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 normal or agreed upon turn around time or rush time.

I) Disapproved images will constitute a re-setting of the turn around time to reshoot or re-retouch the disapproved images.

PRE-APPROVAL IMAGES:

A) When shooting a large quantity of products or highly difficult items sometimes One Epic Image, Inc. will send a pre-approval image. Aspects of this pre-approval image, such as overall lighting quality & position determines how other similar products will be photographed. If this “Guide Image” is approved, reshoots and re-retouching cannot be requested for these specific aspects.

B) If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standard One Epic Image, Inc. rate for a reshoot or in a pro-rated rate of $100 an hour for re-retouching.

DELIVERY DATE:

1-4 product photos will be completed in 5 (five) business days.

5-14 product photos will be completed in 7 (seven) business days.

15-49 product photos will be completed in 7-8 (seven to eight) business days.

For product photo orders over 50 images, One Epic Image, Inc. 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 One Epic Image, Inc. does not meet the above described turnaround for up to 49 product photos or the agreed upon schedule for 50 and over images, and it is the sole fault of One Epic Image, Inc., 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, One Epic Image, Inc. will contact the client with a new project schedule and One Epic Image, Inc. will not be held liable for missing the original delivery date.

RUSH DELIVERY:

A) One Epic Image, Inc. offers a 2 day rush service for projects with 1-14 images and a 4 day rush service for projects with 15-49 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 One Epic Image, Inc. prior to receiving your items for scheduling purposes. The rush services begin on the first full business day after receiving your product.

B) Standard and Rush turnaround times are only applicable on orders under 50 items. On orders where there are 50 or more items to photograph the turn around time will vary and is based on the total number of items to photograph and the difficulty. In this case, specific turnaround times are available upon request but are otherwise open and without a specified time frame.

IMAGE HOSTING SERVICE:
The Image Hosting Service is provided as a convenience to clients and associates of One Epic Image, Inc. While we make every effort to ensure availability, stability and security of this service, One Epic Image, Inc. does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. One Epic Image, Inc. will host the images for one month (30 days) from the date the shots were first made available to you for download. One Epic Image, Inc. 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 One Epic Image, Inc. harmless and defend One Epic Image, Inc. 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 SHIPPING/RETURN SHIPPING:

A) The shipping of products to and from One Epic Image, Inc. is the sole financial and physical responsibility of the client.

B) 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.

C) Return shipping is optional and at the client expense.

D) One Epic Image, Inc. will not be held responsible for damaged goods in the shipping process.

The client must place the One Epic Image, Inc. provided Shot List, printed at the end of the process, in the box prior to shipping. If it is neglected, then One Epic Image, Inc. will not be responsible for delays of photography.

LOST OR DAMAGED PRODUCTS:

The Client assumes full risk of loss or damage to or arising from materials furnished by the client hereunder. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred by the Photographer in connection with any claim arising out of the use of said materials hereunder. It is the client’s responsibility to maintain insurance, for loss or damage of their products, during shipping to and from One Epic Image, Inc. and during the One Epic Image, Inc. photography process. The client is responsible for any lost or damaged product while in the care, custody or control of One Epic Image, Inc.

PRODUCTS NOT RETURNED:

A) Return shipment of products is optional and must be requested.

B) Non-perishable products are stored with Professional Photography, INC. for 7 days. After 7 days, Professional Photography, INC. shall become the owner of such products and items and may be disposed of.

Image Copyrights remain the property of One Epic Image, Inc. As such, images may be used on Social Media / Website at my discretion.

Images may not be used in any other means other than agreed upon. The client invoice indicates the Usage Fee & Rights. Client may not resell the images, or “give” the images to other vendors selling their product.

IMAGE SIZING & RESOLUTION:

A) One Epic Image, Inc. delivers an image that is a full resolution 300DPI file which is the universal industry accepted high-resolution format. As a standard, images are color matched to the product, retouched for dust and scratches, skewed to be straight. Reflections are gradated to white no more than 25% below the product. Images are flattened Format: High Resolution Compression: Width/Height: Largest possible File Size, no smaller than 3000px on any side. Colorspace: Web-ready sRGB Background: 255/100% white around the product

B) One Epic Image, Inc. will not be held responsible for resizing or reformatting images to fit the clients wide range of possible uses. The image sizes are delivered in large format to enable the majority of these standard uses, for example on a website, in a standard sized catalog or printed in a magazine.

C) The images are delivered large enough for printable uses of a maximum of size of 8.5×11 inches with a print resolution of 300dpi and a minimum size as limited by a standard screen resolution. Uses of the images larger than this, such as billboard, vehicle clings, large convention displays; may not render or print with the optimal quality and is not covered by One Epic Image, Inc.’s quality guarantee.

D) One Epic Image, Inc. will not deliver layered PSD files.

DISCLAIMER:

There are certain risks in using any information, software, or products found on the Internet; and One Epic Image, Inc. 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, One Epic Image, Inc. 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 One Epic Image, Inc. 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:

One Epic Image, Inc. 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 One Epic Image, Inc. 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 One Epic Image, Inc. Web Site.

Notwithstanding the above, in no event shall One Epic Image, Inc.’s total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to One Epic Image, Inc. by you in connection with the transaction claimed by you to give rise to your claim.

THIS AGREEMENT IS BINDING:

The Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of One Epic Image, Inc., Client, Client’s 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 may reflect, and the Client is bound by, oral authorizations for fees or expenses, which 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.

Except as provided below, any dispute regarding this agreement shall be, at One Epic Image, Inc.’s sole discretion, either (1) arbitrated under the rules of the American Arbitration Association and the laws of Florida. Judgment on the arbitration award may be entered in any court having jurisdiction. Any dispute involving $2,500 or less may be submitted without arbitration to any court having jurisdiction thereof. The client shall pay all arbitration and court costs, One Epic Image, Inc.’s reasonable legal fees, and expenses, and legal interest of any award or judgment in the event of any ward or judgment in favor of One Epic Image, Inc.., or (2) adjudicated under the law. The Client shall pay all court costs, the Photographer’s legal fees, and expenses, and legal interest on any award or judgment in the event of any award or judgment in favor for One Epic Image, Inc. Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by One Epic Image, Inc. under the Copyright Act of 1976, as amended.