TERMS OF SERVICE
The following are the terms and conditions of a legal agreement between you, the Client (which includes Client’s principals, affiliates, employees and representatives) and Madfish Solutions LLC dba Madfish Photography. Please read these terms and conditions carefully. By accessing and utilizing this website and any services of Madfish Photography, you agree and acknowledge that you have read, understand, and agree to be bound by these terms and conditions.
Madfish Photography reserves the right to update or modify these Terms and any other material presented in this website (including products, services and pricing) at any time without prior notice. We also reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. For this reason, we encourage you to review these Terms whenever you use this Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed.
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 Madfish Photography chooses not to act on a breach of this agreement for whatever reason, it does not constitute a waiver of Madfish Photography rights 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 Ohio. Any action or proceeding arising from this Agreement or your use of this Site must be held in the State or Federal courts in Ohio.
Photographer’s relationship with Client is that of an independent contractor.
As used throughout these Terms and Conditions:
“The Client” is whose name is specified on the invoice the website has hereby commissioned Madfish Photography to supply or create and deliver photography.
"Image(s)" means all visual representations furnished to Client by Madfish Photography, 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.
ROYALTY FREE UNLIMITED USE LICENSE
Madfish Photography grants 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/client who placed the order.
Madfish Photography retains the rights to use any and all photo images or other media copyrighted by them for the purpose of marketing.
Product Shoot List
In order to provide you with the high quality photography you deserve and expect, it is essential that each project include a detailed shoot list when sending your product to be photograph.
This Product Shoot List provides us with vital information and specifications regarding how each product should be photographed.
We pride ourselves on 100% client satisfaction. We know how critical detailed communication regarding product photography can be. Therefore, we kindly ask that you be as specific as possible when completing this Shoot List. We encourage clients to include drawings, illustrations, cell phone images, urls, or any other useful information to help guide the photographers. We will make every effort to adhere to your requests.
TERMS OF PAYMENT
Credit Card: Prior to shooting your product we will send you an invoice. This invoice will allow you to pay with a credit card. At no time during this transaction do we receive or store your credit card number.
Business Check: If you prefer to pay by business check, you must make payment in full at time of your order. Please make check out to: Madfish Photography and mail to: 1246 Goldfinch Trail, Stow OH 44224.
Money Back Guarantee
You can be assured that we will stand behind our work and will refund your full amount if you are not satisfied with your product images.
- Madfish Photography provides great service, images and quick turnaround. We are able to accomplish this with the client's help and direction at the beginning of the project. We do not shoot with an approval/disapproval for each photograph during the photo process. We do not have clients on set for art direction.
- 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 Madfish Photography.
- If the client is not satisfied with the images, we will refund the payment. 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.
- If no direction, example or guide images are provided as a part of the product shoot list, then the client loses the right to a refund, revision or approval.
When Madfish Phototgraphy receives your product, we will add you to the shoot calendar.
- 1-50 product photos will be completed within 7 business days.
- For product photos over 50 items, Madfish Photography will provide you with an estimated delivery date.
Business days are Monday through Friday, not including holidays. The turnaround time begins when all of your product(s) for the contracted photo-shoot arrive in our studio before 12:00PM EST.
If Madfish Photography does not meet the 7-day turnaround for 1-50 product photos and it is the sole fault of Madfish Photography, the client may request a full refund. If the client changes the parameters of the original order during the project’s scheduled dates, Madfish Photography will contact the client with a new project schedule and Madfish Photography will not be held liable for missing the original delivery date.
Madfish Photography offers a rush service for projects with 1-25 images. Please note that all rush projects will include an additional fee per photo and are subject to availability and scheduling. All rush projects must be approved by Madfish Photography prior to receiving your items for scheduling purposes. All products for a rush service project must be received in our studio prior to12pm. Anything received later than 12pm will be considered as received on the next business day.
Image Hosting Service
The Image Hosting Service is provided as a convenience to clients and associates of Madfish Photography. While we make every effort to ensure availability, stability and security of this service, Madfish Photography does not guarantee 100% uptime or availability, or that the system could not be compromised by malicious individuals determined to do so. Madfish Photography will host the images for three months (90 days) from the date the shots were first made available to you for download. Madfish Photography 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 Madfish Photography harmless and defend Madfish Photography 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.
Return shipment of products is optional and should be requested at time of order.
If you would like your products returned, please provide a return shipping label. We will always try to return items using the same packing materials we received with your product. Madfish Photography will not be held responsible for damaged or lost goods in the shipping process. It is the client’s responsibility to maintain insurance, for loss or damage on their products, during the Madfish Photography product shoot process. The client is responsible for any lost or damaged product while in the care, custody or control of Madfish Photography. The client shall indemnify the Photographer against all claims, liability, damages, and expenses incurred in connection with any damaged/lost/stolen claim.
If you opt not to have your products returned, Madfish Photography will store non-perishable products for 7 days. After 7 days, Madfish Photography shall become the owner of such products and items and may be donated to local charity.
There are certain risks in using any information, software, or products found on the Internet; and Madfish Photography 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 website assume all responsibility and risk for the use of this website. Information published on this website 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, Madfish Photography 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 Madfish Photography 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
Madfish Photography 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 Madfish Photography 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 Smart Product Shots’ Web Site.
Notwithstanding the above, in no event shall Smart Product Shots’ total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Smart Product Shots by you in connection with the transaction claimed by you to give rise to your claim.
Communications and Submissions