POW Terms And Conditions
Updated August 1st 2021

Definitions


  1. Definitions Of Terms
  1. By placing an order through this website, you (sometimes referred to herein as “you” or  “Client”) are agreeing to commission Products on White Photography (sometimes referred to herein as “POW”) to create and deliver photography services and images to you and you are agreeing to be bound by the following terms and conditions (“Terms of Service”).  The services offered by POW under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by POW hereunder, whether captured or stored in photographic magnetic, optical, or any other medium whatsoever.

    You can review the current version of the Terms of Service at any time at

https://www.powproductphotography.com/terms-and-conditions/

  1. POW reserves the right to update and change the Terms of Service by posting updates and changes to the POW website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. By using our Services after an update has been posted you agree to be bound by the most current version of our Terms of Service.
  2. By placing your order with POW, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including POW’s General Shooting Direction Policy 

    https://www.powproductphotography.com/help/order-prep-direction/how-to-provide-shooting-direction
  3. For purposes of these terms “Objective Shooting Criteria” means camera position, product position, number of items per shot, shot distance, product rotation and camera height.

Payment


  1. Ordering 50 Photos Or Less Also Referred To As A Standard Order
  1. Standard Orders: Payment is due in full at the time the Order is placed and must be made through the POW website.
  2. Non-Standard Orders (Orders greater than 50 images): POW will send an estimate of costs and contract for execution to Customer which must be approved prior to the Order being placed. See How to Place A Large Order With POW for more helpful information and guidelines.

    Over Payment For Larger Discounts
  3. Pre-payment constitutes a retainer for services.  You may order more now to get a larger discount and send products later. See refund details below in section C. Refund Policy.

    Order Is Too Small
  4. If POW received more products to photograph than the number of images ordered, POW may, at its option, elect to:
  1. Photograph all provided products, contact Client and inform it of the discrepancy and request additional payment, or
  2. Place the order “On Hold” until such time as Client instructs POW which products should be shot and which should not be shot so that the total images do not exceed the number ordered.
  3. If POW elects to shoot all products, Client will be informed of such decision and POW will provide all images with a watermark until the balance due for the additional images has been paid.

  1.  Refund Policy
  1. For Standard Orders: Client may request a refund on unused images within 90 days of initial payment. 
  2. Non-Standard Orders (Orders greater than 50 images): Client may request a refund on unused images within 180 days of initial payment.
     
  3. All refunds are issued in the original form of payment and are subject to the processing times and/or fees of the applicable third party financial institution.
  4. After 90 days of initial order payment, balances cannot be refunded, but POW will retain all amounts previously paid as a credit to be applied towards any future orders by Client.
  5. Discounts are given based on the volume of Images that is ordered.  In the event of a partial refund on a Standard Order, then the per-photo price will be updated to reflect the standard pricing for the number of Images actually retained by Client.  
  1. For example, if an order is placed for 50 photos at the bulk discounted rate of $29.99 per photo and there is a refund issued for 25 photos, the new price would be 32.99 per photo and the refund would reflect this new volume pricing, not the original volume.
  1. Current pricing can be found on the Pricing Page.
  2. All refunds are final and will only be provided at the end of the order, thus closing the order.

Image Approval / Disapproval Policy


  1. Approval/Disapproval
  1. Client will be given an opportunity to approve or disapprove Images at the conclusion of the photoshoot and only after all Images are posted for Client download by responding to a POW “Approval Email.  
  2. Failure to respond to the Approval Email for any reason within 30 days of sending will result in the Images being deemed automatically approved and the order closed.
  3. Once an image is approved by the Client (including a deemed approval for failure to respond) no future refunds, reshoots, retouching of other modifications will be permitted.
  4. Notwithstanding anything to the contrary contained in these Terms of Service, Client’s use, display or other dissemination of any Image shall constitute Client's Approval and satisfaction of the Image(s) at which time the Client shall be entitled to no further remedy for dissatisfaction with the provided Image(s).
  5. In the event the Client disapproves of an image:
  1. Disapproval must be expressly made to POW in writing specifying the objective reasons for disapproval.  It is advised to use visual mark-ups as described in the following article.  Verbal or otherwise implied disapproval will not be accepted.

    Shoot Direction Policy Was Followed
  2. If (i) Client has complied with the shot direction detailed in Section 5 of these Terms of Service; and (ii) POW has failed to substantially match the Objective Shooting Criteria pursuant to the instruction given by Client and Client provided Materials (which include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls), then:
    POW will reshoot or retouch (at its option) the disapproved images up to two times at no additional cost to Client.
    Two complementary reshoots or retouches shall be Client’s sole and exclusive remedy for Image disapproval.

    Shoot Direction Policy Was Not Followed
  3. If Client has not complied with the POW General Direction Shooting Policy or has otherwise left image composition or lighting up to the discretion of POW, then Client will not be entitled to a refund or reshoot.


Shooting Direction Policy


  1. Shooting Direction
  1. Our policy regarding Shooting direction can be summed by like this:
  1. If you show us how to shoot  your product and we don't do it that way, then we'll redo it at no additional cost to you
  2. If you don't tell us how to photograph your product,waive the right to direction or change your mind from the original direction then reshoots based on positioning are not complementary.
  3. 2 rounds of Level 1 retouching revisions on any order are free.

Simply, if you don’t tell us how to photograph it, then we won’t know how to photograph it.

Best practices on how to provide clear direction can be found in the  
General Shooting Direction Guide.

  1. Direction of how the purchased Images are to be photographed must be expressly specified in writing. Written directions may be provided in a separate email following the prompts contained in the confirmation email after purchasing the Services.
  2. Since photography is visual, written shooting direction is often not completely clear.  Therefore, it is advised that match images also be taken for product position, angle & lighting be provided and added to the spreadsheet provided in the General Shooting Direction Guide.
  3. While POW will consider verbal direction it is not sufficient shooting direction without additional written instruction and sample imagery.  
  4. You may waive the right to provide shooting direction in writing and allow the POW photographers to  decide how to photograph the items in their sole discretion.  If you elect to waive the right to provide shooting direction, then complementary redos or reshoots will not be provided.
  5. If you are not waiving the right to provide shooting direction, then you are required to submit Materials sufficient to provide POW with clear direction and instruction on how images should be shot. Such Materials include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference urls.
  6. If sufficient shooting direction is not provided, then an order will be placed on hold, as more fully detailed in the section “Turn-Around Times & Delays”.
  7. If a lighting match image is not provided by you, then POW will photograph the Images using default Even Lighting as outlined in the Providing Direction For Lighting Guide.
  8.  Policies regarding disapproval because of lighting are covered in Section 4. “Image Approval/Disapproval Policy”. You can also find helpful tips in our After You Order link.
  1.  Elements Of Chance & The Spirit Of The Match Image
  1. Elements of chance are items where exact direction cannot be followed because they are unpredictable and can never be reproduced the same way.  

    For example: The customer provides a match image of a blue powder spread out on a surface in a certain manner.  We will try to match the general look of the powder when we shoot it on our set, however matching the powder grain for grain would be impossible.  This is considered an “element of chance” because powder is unpredictable and the exact position can never be matched exactly.
  2. Elements of chance do not qualify for reshoots if POW has made a good faith effort to reproduce the general spirit of the match image.
  3. Elements of chance apply to but are not limited to the following situations:
  1. Hand photos
  2. Cosmetic smears
  3. Large complex groups
  4. Oils and spills

Product Quality and Resulting Image


  1. Product Quality
  1. To ensure POW is able to produce the highest possible quality image, Client agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Client-provided Materials. This includes, but is not limited to color, size, label position and content, packaging, etc.
  2. POW is not responsible for any damage or loss to products provided by Client to POW for photographing unless such damage or loss is due to POW’s gross negligence or intentional misconduct while the product(s) is in actual physical possession of POW.
  3. Client agrees that POW will photograph the item in the condition in which it arrives at the POW studio. In the event the product arrives at the POW studio in a condition which does not materially match that which is evidenced in the Client provided Materials, POW will use reasonable efforts to contact Client and request a new sample product more closely matching that appearing in the Materials. Any Customer disapproval will be subject to the POW Refund, Revision, Image Approval/Disapproval Policy.
  4. In the event a product provided to POW contains minor flaws (i.e. minor discoloration, dings, dents, scuffs, etc.) POW may, at its option, retouch the images at no additional cost to the Client, however it is under no obligation to do so.  
  5. Props are defined as items other than the product to enhance the photo.  With the exception of props that are listed on the Do You Photograph With Props page. 
  6. Client shall provide all props necessary for POW to deliver the Services. Clear direction is required as described in the “POW General Direction Shooting Policy”.

 

Pre-Approval Images & Art Direction


  1. Prohibited Services
  1. On-set Art Direction is prohibited.
    Art Direction is defined as the Client or representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot and any Client interaction, which will otherwise hinder POW’s ability to effectively perform the Services.
  2. POW will not photograph different versions and let the Client pick which ones they want.  The number of Images and shooting direction must be specific at the time of ordering.
  1. Pre-Approval Images
  1. Pre-Approval Images are Images that are taken of the product following the direction provided by the Client and provided in advance of photographing the rest of the order.
  2. Pre-Approval Images are not typically created because of the time it takes to create them and once created the set must be held in stasis while awaiting a response from the Client to approve of the image.  This prevents other orders from being photographed on that set while waiting and lowering the productivity and is prohibited.
  3. In the event that a Pre-Approval Image is provided, it supersedes the shooting direction provided by the Client  Subjective aspects of the Pre-Approval Image, including, but not limited to overall lighting quality and highlight position will determine how other similar products will be photographed.
  4. If Client requests a reshoot or re-retouching of an aspect of an image that was created using the Pre-Approval Image as a guide then the client will not qualify for free revisions of the photo or reshoots of the product and no refunds will be allowed on the order referencing the pre-approval photo..

 

Turn Around Time & Delays


  1. Turn Around Times
  1. Turnaround times begin at the time indicated on the timestamp of the email POW sends Client indicating that the Client provided products have been checked in to the POW ordering system.
  2. POW is closed Saturdays, Sundays and standard holidays posted here.  Closed days do not count towards the turnaround time because we are not open.
  3. POW offers three turnaround times:
  1. Standard | 7 Business Days Or Less
    Our standard turnaround time is 7 business days.
  2. Rush | 3 Business Days Or Less
    +$20 per Image | Our 3 Day Rush turnaround time is 3 business days.
  3. Crazy Rush | 24 hour Turn Around | * Call Before
    +$60 per Image | Our 24 Hour Rush turnaround time is 24 hours and subject to availability.  

    Please confirm before submitting your order.
     24 hour turnaround time is not available on days before POW is closed. 
  4. Products must arrive before 11am for 24 hour delivery.
  1. Late Orders
  1. If the initial Image delivery (not redos) is delayed due to POW’s gross negligence, Client may request a refund on the per Image photography fee of five percent (5%) for every business day the Image(s) has been delayed.  
  2. If the order is a 3 day rush, the rush fee will be refunded at $5 + 5% of the per Image photography fee for every business day past the delivery date for the first 4 days, and 5% every business day thereafter.
  1. Redo Orders Turn Around Times
  1. Turnaround time on a change/redo order request is 5 business days from the time the request is add to the revisions Queue. 
  2. Orders are added the revisions Queue after a full understanding of the change is specified and reviewed by the digital team.  A notification will be sent to customer confirming this date.
  1. Hold Orders
  1. An order that is placed "On Hold" is an order that is stopped for various reasons detailed in section 12.e and is awaiting a Client action.
  2. Turnaround time will stop while an order is On Hold.
  3. Following sufficient Client response to remedy the issue leading to the hold, the hold will be released.
  4. On Hold orders that are subsequently released may incur additional turnaround delays up to two business days.  
  5. Orders may be placed On Hold for various reasons including, but not limited to the following reasons:
  1. No shooting direction has been provided.
  2. Not enough shot direction has been provided to proceed with shooting.
  3. Missing products or props.
  4. POW is awaiting a Client reply regarding pre-approval images.
  5. Payment is pending for either part of all the order.
  6. Any other reason which may hinder POW’s ability to shoot the product.
  1. POW is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemic or pandemic, Government Orders, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
  2. For additional information on turnaround times, please see:  https://www.powproductphotography.com/help/placing-an-order/our-turn-around-times

Image Ownership And Usage & Copyright


  1. Copyright Licensing Agreement
  1. Copyright can be a rather confusing and touchy subject. Here’s how we handle it at POW: 
  1. We retain all ownership rights and copyright of all Images that we create of your product, as is common in the photography industry.
  2. Included in the purchase price of your Order is a comprehensive license (subject to section 13.iv of these Terms of Service) to your Images. Specifically, we grant you a worldwide, royalty free, perpetual license to use and display your Images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.
  3. You agree that you may not re-license or sell ownership of the Images to anyone else without our prior written approval in our sole and absolute discretion.  This includes reselling the Images or placing them in stock for profit and it is a violation of the copyright agreement.  You may, however, allow other retailers such as Amazon or selling sites to use the Images to promote the sale of their products, subject to the licensing terms set forth in these Terms of Service. If you are a wholesaler, then you may allow your retailers to use the Images, subject to the same restrictions set forth in these Terms of Service.
  4. POW expressly retains all copyright and other intellectual property rights to all disapproved and refunded Images, and any use, display, or other dissemination of disapproved or refunded Images by Clientis strictly prohibited.
  1. Copyright Transfer
  1. In the event the above described license is insufficient for your purposes (for example, if you intend to sell the copyright) and you feel that you still need complete copyright ownership of your Images, then you may purchase the copyright from us for an additional $20.00 per Image. In the event you purchase the copyright from us, we retain a perpetual, royalty-free worldwide license to use, display or disseminate the Images. However, if you are concerned about us sharing the Images without your consent, we are more than happy to agree to not share them on our website or with anyone else without your approval.
  2. Copyright transfer agreements will be created by POW at the end of the order as they require a contact sheet of the Images being transferred.
  3. POW is not responsible for pursuing copyright violations of the Images of your products. You agree that, if you determine a third party is using, displaying or disseminating your images without your consent that you are responsible for enforcing your rights and pursuing action for any copyright violations.
  4. POW understands that your business is unique, however your products may not be. To that end, you understand that POW may photograph similar products for your competitors if they order Images from us. We will never reuse your Images for these purposes and will reshoot the products as instructed by those parties, regardless of whether the direction results in Images substantially similar to yours.
  5. You agree that POW may use all Images for its own promotional and marketing purposes including all social media posts unless you have expressly prohibited us from doing so in writing.  

Image Sizing & Resolution


  1. Image File Type Delivery
  1. Client selects the image delivery type on the Order page. For additional information on image types POW offers, please visit: File Types We Deliver
  2. POW shall not be responsible for resizing or reformatting Images to fit your specific uses, so it is important to select the appropriate image type when placing an order. Generally, Images are delivered in large format to enable you to use them for most standard purposes (for example, on a website, in a catalog, printed in a magazine, etc.)  
  3. Please note that POW does not deliver layered PSD files.  The tif format carries all the same properties of a PSD file but at a smaller file size.  POW uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.

  1. POW also will not deliver raw files. Raw images are the first step of a multi-step creation process and remain the sole property of POW.  POW uses advanced retouching methods far beyond a single capture image, often blending multiple raw files with many layered photoshop elements to achieve the final image which will be delivered to you.  

Image Retouching


  1. Image Retouching
  1. Basic Retouching Included In Base Price:
  1. Remove background so it is white around the outside of the product.
  2. Removing dust and basic scratches on the products.
  3. Enhancing the natural color & contrast of the product.
  4. Fixing a small dent in a box.
  1. Advanced Retouching (Not Included In The Base Price)
  1. Retouching product into a different background or environment.
  2. Photographing a blank product and adding a fake label
  3. Fixing a big scratch that goes through text where we have to recreate the text.
  4. Changing the color of the product to something that it's not but isolated to specific areas.
  5. Re-creating a box that has been crushed in shipment.
  6. Copying one element from one photo into another.  Like photographing one lid and copying into a different product without a lid.
  7. Retouching product into a different background or environment.
  8. Creating or manufacturing parts of a product that does not exist.
  1. Advanced Retouching is billed at $80 per hour calculated in 15 minute increments.

Image Storage


  1. Image Storage
  1. Images will be delivered via Zenfolio.com (“Zenfolio”), a cloud-based photo delivery platform.
  2. POW makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Zenfolio. You are responsible for viewing and abiding by the Zenfolio privacy statements and terms of use.
  3. Currently, Zenfolio maintains Images indefinitely free of charge.  However, if Zenfolio changes its terms or either POW or Zenfolio goes out of business, then the Images may not be available.  POW  will make Images available for at least 60 days after Image completion, after which the Images may be removed or deleted in POW’s discretion. .Client agrees that it is solely responsible for the storage and management of all Images after 60 days and agrees to hold POW harmless from all claims related thereto.

Products Shipped To Us


  1. Products Shipped To Us
  1. After placing an Order, Client is responsible for arranging shipment of the products to be photographed to POW at:

    POW Photography
    Order # (insert your order number)
    4510 N. Ravenswood Ave, Ste B
    Chicago, IL 60640
  2. Do not send us or drop off a product before an order is placed.  POW sends and receives many packages daily and if a shipment arrives without an order number on it then we have no way of tracking it in our inventory system.  POW is not responsible for lost products or delays due to a Client’s failure to comply with this policy.
  3. All costs associated with shipping products to POW are the sole responsibility of the Client. Client bears the risk of damage or loss until the products are delivered to POW’s address set forth above and accepted by POW.
  4. POW is not responsible or liable for any damage or loss that occurs to the products during shipping. Client warrants that the products are adequately insured against damage or loss and agrees to hold POW harmless for any such damage or loss occurring during shipment to POW.  

Return Shipping


  1. Return Shipping Products
  1. Return shipping of products will be provided to Client at no additional cost, subject to the following conditions:
  1. Client must request return shipping within 30 days following completion of the Services by replying to the Approval Emails.
  2. Orders must be for a total amount of $75, at minimum, to qualify for free return shipping.
     
  3. POW will provide return shipping up to a maximum of $20.00 for Orders under $500.00.
  4. For Orders over $500.00, POW will provide return shipping up to 4% of the total Order price.

  1. Overnight shipping, couriers, pallets or international shipments are expressly excluded from the  free return shipping policies outlined in these Terms of Service.
  1. Final Client spend is calculated at the end of the order and takes into account any adjustments such as refunds or add-ons if any.
  2. Additional shipping costs will be prepaid by POW and invoiced to Client
  3. Return shipping is not a credit and is a max amount of money that can be put towards the cost of return shipping.  This amount cannot be refunded or applied to another order.
  4. We will decide the return shipping method, typically USPS Priority Mail. No overnight, couriers or pallets.  So if you need it back quickly or in a special manner you may want to provide a return shipping label or account number.
  5. If a Client does not qualify for complimentary return shipping then we will send an email requesting payment of the cost of return shipping, a label provided by the Client or a shipping account number to cover these costs.
  6. No additional insurance beyond what the shipping company offers as standard will be added.

  1. Failure to respond for any reason within 30 days to the Approval Emails will result in Orders that qualify for free return shipping being returned to the address provided to POW with the Client Order automatically.
  2. For Orders that do not qualify for complimentary shipping, failure to respond to the Approval Emails within 30 days will result in the Client products being removed from POW inventory and disposed of and the products will not be returned. Client agrees that POW is not liable for the disposal of products pursuant to this policy.   Client is solely responsible for sufficiently insuring all products during shipping.

Lost, Damaged Or Stolen Products


  1. Lost, Damaged or Stolen Products
  1. Once the products arrive at the POW studio they will be checked for damage, which, if present, will be reported to the Client within a reasonable time, typically within 24 hours.
  2. Once received by POW and checked into its system, POW will assume possession over the products.  If an item is lost, damaged or stolen while in possession of POW, due to POW’s gross negligence or intentional misconduct, then POW will reimburse Client for such damage or loss up for the repair cost or replacement cost of the damaged or lost product not to exceed a maximum amount of $10,000 per Client.
  3. For damaged or lost products deemed irreplaceable by POW, in its sole and absolute discretion, Client will be reimbursed for the repair or replacement cost for the product(s), as reasonably determined by POW. Repair or replacement amounts will be distributed to Client within 30 days of POW’s receipt of such amounts from its insurance carrier.
  4. POW is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.

Disputes


  1. Disputes
  1. Client may not assign or transfer this agreement or any rights granted hereunder. , 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.
  2. The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute, then Client’s sole remedy shall be the refund of the total fees actually paid by Client to POW for the Order in dispute. Client agrees that it shall have no further recourse or remedy against POW for any claim arising from or related to an Order, the Images, these Terms of Service or in any other way related to the relationship between Client and POW.  Any unresolved disputes shall, at POW’s option, be finally settled in accordance with an arbitration proceeding. Arbitration proceedings shall be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules"). The arbitration panel shall consist of one arbitrator. The Members shall select one neutral third party AAA arbitrator (the "Arbitrator") with expertise in the area that is in dispute. If an Arbitrator has not been selected within five (5) business days thereafter, then an Arbitrator shall be selected by the AAA in accordance with the Commercial Arbitration Rules of the AAA. The arbitration proceeding shall be held in Cook County, Illinois. The arbitrator shall promptly conduct proceedings to resolve the dispute in question pursuant to the then existing Rules. In any final award and/or order, the arbitrator shall apportion all the costs (other than attorney's fees which shall be borne by the party incurring such fees) incurred in conducting the arbitration in accordance with what the arbitrator deems just and equitable under the circumstances. Any action or proceeding subsequent to any Award rendered by the arbitrator, including, but not limited to, any action to confirm, vacate, modify, challenge or enforce the arbitrator's decision or award shall be filed in a court of competent jurisdiction in the same county where the arbitration was conducted, and Illinois law shall apply in any such subsequent action or proceedings. Alternatively, POW may, in its sole option, seek relief through the state or federal courts located in Chicago, Illinois.

General Conditions


  1. General Conditions
  1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Illinois, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of Illinois or federal courts located in Chicago, Illinois with respect to any dispute or claim arising out of or in connection with the Terms of Service.
  2. You acknowledge and agree that POW may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on POW’s website, available at https://www.powproductphotography.com/terms-and-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the services after the amended Terms of Service are posted to POW’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the service or place any orders with POW.
  3. You may not use the POW website for any illegal or unauthorized purpose nor may you, in the use of the website. You will comply with all applicable laws, rules and regulations in your use of the POW website. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
  4. You understand that personal identification information, which may include your name, business name, contact information and other information you may provide to POW (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Limitation of Liability


  1. Limitations Of Liability
  1. You expressly understand and agree that POW shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the POW services or any purchased images.
  2. In no event shall POW be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our images, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, partners, officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party or your use of any images purchased from POW.
  3. Your use of the website and placement of an Order is at your sole risk. Except for the limited warranties set forth herein, services and images are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. POW does not warrant the results that may or may not be obtained from the use of any images and does not warrant that the quality of any images, services, information, or other materials purchased or obtained by you from POW will meet your expectations or that the Images will be fit for any particular purpose even if you have informed POW of such purpose.
  5. Unless due to the gross negligence or intentional misconduct of POW, POW’s total liability to Client arising from the Services, Images, and these Terms of Service shall not exceed the amount of the total fees actually paid to POW by Client in the six (6) months preceding the date any such potential dispute arose.

Customer Representations


  1. Client Representations
  1. Client represents, warrants and covenants that: (i) it has full power and authority to enter into and perform its obligations hereunder; (ii) any Client products comply with all applicable laws, rules and regulations and does not infringe any third party’s rights; (iii) Client products submitted to POW or utilized with Services do not contain any hazardous materials that may otherwise POW personnel; (iv) it is the owner or authorized licensee of all Client products; (vi) it will safeguard all passwords, user IDs and other measures to control access to the services; (vi) it has taken reasonable measures to ensure the security of any electronic devices, including Client’s personnel-supplied personal devices, used by Client or its personnel to access the website or place an order with POW.

No Other Warranties  


  1. No Other Warranties

THE SERVICES AND IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW , NEITHER POW NOR ANY OF ITS PERSONNEL MAKES ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR IMAGES.  ALL IMPLIED WARRANTIES AS TO PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED.  NEITHER POW NOR ITS PERSONNEL WARRANT THAT THE PROCESSED IMAGES WILL BE ERROR-FREE.

Indemnification


  1. Indemnification
    Client shall indemnify, defend and hold POW and its officers, directors, shareholders, agents, employees, subcontractors, licensors and affiliates and their officers, directors, shareholders, agents and employees harmless from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees) arising directly or indirectly out of or relating to: (i) Client’s breach or alleged breach of these Terms of Service; (ii) Client’s property and the products Client provides to POW or (iii) claims that the Client property, products or any Images produced of such property or products or any portion thereof infringes, misappropriates, or violates any third party’s copyright, trade secret, trademark or other proprietary or privacy right or other law.