Terms of Use

Last updated:

Acceptance of Terms

By accessing and using this website, you accept and agree to be bound by these Terms of Use. If you do not agree with these terms, please do not use our website.

Use of Website

You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website. Prohibited activities include:

  • Unauthorized access to any part of the website
  • Transmission of viruses or malicious code
  • Attempting to gain unauthorized access to our systems
  • Using the website for any illegal purpose

Intellectual Property

All content on this website, including text, images, logos, and graphics, is the property of Specialwhcustoma or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or use any content without our written permission.

Photography Services

When booking our photography services, specific terms and conditions will apply. These will be communicated to you at the time of booking and may include cancellation policies, payment terms, and usage rights for photographs.

Image Rights and Licenses

When you contract our photography services, you will receive specific usage rights for the photographs we create. The extent of these rights depends on the package or service you select:

  • Personal Use: For private events and personal sessions, you typically receive rights for personal, non-commercial use of images
  • Commercial Use: Commercial licenses for business use are available upon request and may require additional fees
  • Portfolio Use: We reserve the right to use images from sessions for our portfolio, marketing, and promotional purposes unless otherwise agreed upon in writing
  • Copyright: Specialwhcustoma retains copyright to all photographs unless explicitly transferred through a separate agreement

Image rights and licenses will be clearly specified in your service agreement. If you require exclusive rights or additional usage permissions, please discuss this with us before booking.

Booking and Payment Terms

When you book our photography services, the following terms apply:

  • Deposits: A non-refundable deposit is typically required to secure your booking date
  • Payment Methods: We accept credit cards, debit cards, and bank transfers
  • Payment Schedule: Full payment is typically due before or on the day of the session, unless other arrangements have been made
  • Late Payments: Late payments may result in delayed delivery of final images
  • Price Changes: Prices are subject to change, but confirmed bookings will honor the original quoted price

Session Conduct and Expectations

To ensure a successful photography session, we ask that clients:

  • Arrive on time for scheduled sessions
  • Communicate preferences and requirements clearly during consultation
  • Respect our photographers and equipment
  • Follow location rules and regulations during on-site shoots
  • Provide accurate contact information for communication

We reserve the right to terminate a session if client behavior is inappropriate, threatening, or violates these terms. In such cases, no refund will be provided.

Delivery and Editing

Our standard editing and delivery process includes:

  • Professional editing and color correction of selected images
  • Digital delivery via secure online gallery or file transfer
  • Delivery timeframes as specified in your service agreement (typically 1-4 weeks)
  • The number of edited images as specified in your package

Rush delivery services may be available for an additional fee. Please note that weather, technical issues, or unforeseen circumstances may occasionally affect delivery timelines.

Disclaimer of Warranties

This website and our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the website will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of content

While we strive for excellence in our photography services, we do not guarantee specific results or outcomes. Photography is an art form, and artistic interpretation may vary.

Limitation of Liability

To the maximum extent permitted by law, Specialwhcustoma shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Business interruption
  • Personal injury or property damage arising from your use of our services

Our total liability for any claim arising from your use of our website or services shall not exceed the amount you paid us for the specific service giving rise to the claim.

This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Indemnification

You agree to indemnify, defend, and hold harmless Specialwhcustoma, its owners, employees, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our website or services
  • Your violation of these Terms of Use
  • Your violation of any third-party rights
  • Any content you provide or submit through our website

Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, or severe weather conditions
  • War, terrorism, civil unrest, or government actions
  • Pandemics, epidemics, or public health emergencies
  • Power outages, equipment failures, or technical issues
  • Labor disputes or strikes

In such events, we will make reasonable efforts to reschedule sessions or fulfill our obligations as soon as circumstances permit.

Dispute Resolution and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any disputes arising from these terms or your use of our services shall be resolved through the following process:

  • Informal Resolution: We encourage you to contact us first to attempt to resolve any disputes informally
  • Mediation: If informal resolution is unsuccessful, disputes may be submitted to mediation
  • Arbitration: If mediation fails, disputes shall be resolved through binding arbitration in New York, NY
  • Court Jurisdiction: Any legal proceedings must be brought in the state or federal courts located in New York, NY

You agree to waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use or our services.

Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and Specialwhcustoma regarding your use of our website and services. These terms supersede any prior agreements, communications, or understandings, whether written or oral.

Assignment

You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent. We may assign our rights and obligations under these terms to any party at our discretion, particularly in connection with a merger, acquisition, or sale of assets.

Waiver

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Specialwhcustoma.

Changes to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to this page, unless otherwise stated. Material changes will be prominently displayed on our website or communicated via email if we have your contact information.

Your continued use of the website after changes are posted constitutes acceptance of the modified terms. We encourage you to review these terms periodically. The "Last updated" date at the top of this page indicates when these terms were last revised.

Contact Us

If you have questions about these Terms of Use, need clarification on any provision, or wish to discuss specific service terms, please contact us at:

Email: support@specialwhcustoma.cv
Phone: +1 (212) 555-1234
Address: 1287 Maple Ridge Drive, New York, NY 10001, USA

We are committed to ensuring you understand your rights and obligations when using our services. Our team is available to answer any questions or concerns you may have.

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