Terms and Conditions
Last updated: January 24, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://yellowduckworks.com website (the "Service", the “Website”) operated by Yellow Duck Shots, LLC, a Florida Limited Liability Corporation ("us", "we", or "our").
The Service produces commercial / product photography and related Content which may include photos, various graphics, videos, audio recordings, and artworks (collectively referred to as “Content”). Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, using the Content produced by Service or shipping Merchandise to us you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Merchandise
You are responsible for the costs of shipping your Merchandise to and from our office including any necessary insurance. We are not responsible for loss, damage or delays happened during transit.
Prohibited items. You are not allowed to send us any Merchandise that contains any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or anything that is unlawful to possess in the State of Florida or the United States.
Shipping of Merchandise to us. When shipping Merchandise to our office, please make sure that:
Packages are be carefully packed to ensure protection of the Merchandise during transit.
Packages have clearly written order number which was emailed upon order placing the order.
Packages are shipped to: Yellow Duck Shots, LLC, 804 NW 21st Terrace #221
Miami, FL 33127
Return shipping. If you want return shipping, let us know upon receival of the ordered Content. You must provide a physical address within the USA. The cost of return shipping and handling will be quoted prior to shipment. All return shipments are subject to our Limitation of Liability in the paragraph below.
Limitation of liability for damage or loss of Merchandise. If your Merchandise becomes damaged or lost while in our possession, or during return shipment, we will, at our option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $1,000 USD total lifetime aggregate. For Merchandise valued greater than $1,000 USD you should purchase insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage to Merchandise exceeding a total value of $1,000 USD, regardless of quantity.
Storage. We can store your Merchandise in our facility free of charge for up to 30 days after completion of your project. After that, you must arrange with us for Merchandise to be returned, picked up, donated, or discarded. If we are unable to obtain your preference, Merchandise will be subject to our Abandonment policy in the paragraph below.
Donating or discarding. If you do not want the Merchandise to be returned to you please let us know and we will donate or discard it. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.
Abandonment. If we aren’t able to reach you / confirm with you the Merchandise return including obtaining shipping information and / or payment for return shipping during the 30 days after the order completion, you agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated, discarded, or sold, at our option, and you will not receive any compensation for the merchandise or proceeds from any sale.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy: https://yellowduckworks.com/privacy-policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Pricing Policy
Our current pricing is published on the order page of our Website. We may make changes to the prices at any time by publishing the new rates to our Website without prior notice. We may offer other services that aren’t listed on our order page. The pricing for these services to be disclosed prior to work being performed.
Turnaround time and office hours
ETA for an order is displayed on our order page or can be agreed between you and your project manager. ETA is from the day we receive the Merchandise.
Our office hours are 9am to 5pm EST, Monday to Friday.
Payment terms
Payments will be charged on a prepay basis on the day that the order is created. For projects greater than $10,000 we can consider step-by-step style of work where the payments are made in pieces for actually done works. In this case each piece of work is delivered after the corresponding piece of payment is received.
Refund / Money back policy
Payments are refundable under certain circumstances as outlined below.
Rush projects. If a rush order is not completed by the deadline we will refund the rush fee portion only. No other refunds will be made for rush orders.
Order canceled within 24 hours. You may cancel your order by sending an email to contact@yellowduckworks.com requesting cancellation within 24 hours of payment. Rush orders may not be cancelled.
No other refunds, returns, exchanges, or changes may be made except the above.
Refunds will be processed via the same method as the payment was made.
Production process
Alterations and accuracy. You agree we may make alterations to the Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary. The Content is our artistic interpretation of the Merchandise we photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Merchandise. It’s your responsibility to ensure the Content is appropriate for the final intended use and that it doesn’t misrepresent the Merchandise. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Merchandise.
Custom requirements. You may provide custom requirements over any aspect of your order, such as lighting, arrangement, angle, and editing. Such requirements should be provided upon order creation. You are responsible for your requirements to be correctly and clearly written and shown in attachments uploaded to custom angles (if any) prior to payment. By submitting the payment, you agree the requirements correctly describe the work you would like us to perform. You are not required to provide any requirements. In this case you agree to leave up the creative direction to the judgement of our production team.
Review period. After the project is complete you will receive an email providing the access to view and download the Content. We allow up to 10 business days for you to provide us with feedback regarding the delivered Content. After 10 business days, if we have not heard from you, your order will be closed and your Merchandise will be shipped back, donated, or discarded, as you have requested.
Reshoot policy. Make sure you tell us clearly how to photograph your product and select appropriate angles in our order form. If we don’t do it the way specified, we’ll redo it for free. If you change your mind or want something different than specified when posting your order we will charge you according to our Pricing Policy. Minor adjustments which can be handled at post-production (photo editing) come free.
Delivery
The Content will be delivered through Google Drive Service. We provide you the access so you can view and download all work that we’ve completed for you. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through Google Drive Service. We keep the Content for 30 days after order completion. You agree that we are not obligated to store or archive the Content for you.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Yellow Duck Shots, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Yellow Duck Shots, LLC.
License and permitted use of Content
You may use any Content we deliver to you in connection with your order, only after we have received your full payment. We hereby grant to you the following rights:
Perpetual use. You can use the Content forever with no end date.
Exclusive use. We will not license the Content to other parties. However, we retain the right to use the Content for our own promotional purposes and internal uses.
Worldwide use. You may use the Content worldwide.
Unlimited use. Except as provided in the paragraph on Prohibited uses below, you may use and display the Content an unlimited number of times.
Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content that is contained within derivative works created by you remains our copyrighted material. The terms and restrictions within this license apply equally to all such derivative works.
Prohibited uses
You may not use the Content:
for any illegal purposes,
to defame someone,
to harass any person or persons,
for pornographic purposes,
in any way that violates the trademark, copyright, or other intellectual property of any other party.
The Content may not be used in a logo or trademark. The Content may not be used as a part of, or incorporated into, any logo or trademark.
Copyright, ownership, and transfer
Copyright and ownership. The Content remains the copyrighted intellectual property of Yellow Duck Shots, LLC. The copyright or ownership of the Content is not transferred from us unless explicitly agreed to in writing by us.
Transfer and sub-licensing. You may not transfer or sub-license the Content to any other party, with the following exceptions:
Subcontractors. Your subcontractors may use the Content to achieve your intended final use. Your subcontractors may not use the Content for any purpose other than facilitating your intended final use.
Your employer or client. If you are ordering our services on behalf of your employer or a client, then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received written authorization that they are bound to these Terms and Conditions in their entirety. If such authorization has not been received by you, then they may not use the Content.
No claim of authorship. You may not claim that you are the author of the Content. If the author of the Content is specified, it must be attributed as “Copyright Yellow Duck Shots, LLC.”
Intellectual property of third parties
Intellectual property visible on Merchandise. In some cases, the Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that are visible in the finished Content that we have produced for you at your direction. By directing us to produce images containing such visible intellectual property, you certify that you either own, or have received explicit permission from the owner to use, any and all trademarks, logos, artwork, or copyrighted designs, visible on any or all items you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content does not infringe the intellectual property rights of any third party. It is solely your responsibility to obtain the necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. If you print Content containing the aforementioned stock photography or artwork, the number of printed copies that you may produce shall not exceed 500,000. This restriction does not apply to Content displayed electronically, such as on a website.
Models. We certify that we have obtained appropriate releases from any models depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content.
No warranties
The Content is provided, to the maximum extent permissible by law, “AS IS” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Yellow Duck Shots, LLC
Yellow Duck Shots, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Yellow Duck Shots, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Yellow Duck Shots, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Yellow Duck Shots, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Yellow Duck Shots, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact send us an email to contact@yellowduckworks.com