TERMS OF SERVICE

These Terms of Service ("Terms", or the "Agreement") is a legal Agreement, please read it carefully.


By using our Service, using Content produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms.

Solid Line Studio is a Service (the "Service"), which primarily produces product photography and related Content which may include photographs, graphics, video, audio recordings, and artwork (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, is referred to as "Merchandise" in these Terms.

Our Website, which can be accessed at www.SolidLineStudio.com is referred to as the Website". Solid Line Studio is owned and operated by Solid Line Studio, a Sole Proprietorship company ("www.SolidLineStudio.com", "we", or "us").

By using our Service, whether as an individual or as a representative of an entity that is using our Service, you're a "Client" (or "you") according to these Terms.

These Terms of Service, combined with our Privacy Policy govern the business relationship between you and Solid Line Studio. Should you have any questions or concerns about these terms, please feel free to contact us.


1. Eligibility

In order to use our Service, you must:

Be at least 18 years of age and be able to enter into legal contracts;

Agree to these Terms Of Service, and;

Submit a completed "Start your order" form;

Provide complete, true, and current, contact information.


2. Updates

We reserve the right to update or make changes to these Terms of Service by posting the revised version of the Terms on our Website. The revised Terms shall take effect and remain in full force immediately upon publication.


3. Communication

If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when starting your order. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain "www.SolidLineStudio.com" is added to your email whitelist to help ensure delivery and that it is not rejected or deleted as junk or spam.


4. Merchandise

4(a) Delivery/Shipping. You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for any such loss, damage or delays.


When shipping Merchandise to our studio, please follow these guidelines:

Packages should be carefully and securely packed to ensure protection of the Merchandise during transit.

All packages should include your name, company name, address, email address, and phone number.

All packages should include the reference number for your project, which is emailed to you after submitting a "Start your order" form.

Shipments should be addressed to:

SolidLineStudio.com
46 Alameda Ave,
Toronto, ON, Canada
M6C3W2

4(b) Prohibited items. Do not deliver to us Merchandise that contains any narcotic, illegal drug, or controlled substance, any weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any merchandise that is unlawful to possess in Canada. We reserve the right to notify authorities immediately upon discovery of any such items.

4(c) Return shipping. If you specify return shipping when placing your order, we will return your Merchandise to you after completion or termination of the project. You must provide a physical address (no P.O. boxes) for returns. Due to import/export regulations, all return shipments must be to an address within Canada. The cost of return shipping and handling will be quoted prior to shipment. All return shipments are subject to our Limitation of Liability in section 4(d) below.

4(d) 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 discretion, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $500 CAD total lifetime aggregate. For Merchandise valued greater than $500 CAD you should purchase your own 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 $500 CAD, regardless of quantity or actual value of Merchandise.

4(e) Storage. Upon request, we will store your Merchandise in our facility free of charge for up to 30 days after completion of your project. During the above mentioned 30 days, you must arrange with us for Merchandise to be returned, donated, or discarded. If we are unable to obtain your preference, Merchandise will be subject to our Abandonment policy in section 4(g) below.

4(f) Donating or discarding. At times, the value of some Merchandise may be less than the cost of return shipping. If, for any reason, you do not want the Merchandise returned to you upon completion of your project please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded by us, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.

4(g) Abandonment. If your Merchandise is in our possession and we aren't able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If we try to reach you to obtain return shipping information, or payment for return shipping, and 30 days pass from the day of completion of the project without us receiving the necessary information or payment, we will then email you a notice informing you that your Merchandise is at risk of being donated, discarded, or sold. If another 30 days passes after we have emailed the aforementioned notice and we still have not received your return shipping information or payment for return shipping, you agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated or discarded at our discretion, and you will not receive any compensation for said Merchandise.


5. Invoicing And Payment

5(a) Payment terms. Payment is required to begin work on your project. When payment is received, your project is added to the next available opening on our production schedule. For projects priced under $5,000 CAD, full payment is required in advance. For projects priced over $5,000 CAD clients may submit 50% of the total as a deposit, the remainder being due within 10 days from delivery of low-resolution watermarked images, which will be converted to full-size, watermark-free images after the obtainment of the balance. Alternate payment terms may override this section if agreed to in writing by both parties.

5(b) Non-payment. If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under Canadian Copyright Law to issue takedown notices requesting the removal from website(s), any Content we've delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.


6. Refund Policy

Payments made to us are refundable under certain circumstances as outlined below. No other refunds, returns, exchanges, changes or amendments may be made except for the following:

Rush projects not completed by the deadline. In the event a rush order is not completed on time, we will refund the rush fee portion of the project. No other refunds will be made for rush orders delivered after the deadline indicated on the invoice.

You cancel your order within the specified time. If you have already submitted payment, you may cancel your order by sending an email to contact@SolidLineStudio.com requesting cancellation. Cancellation requests must be made within 24 hours of payment. Refunds are not possible for projects cancelled more than 24 hours after payment. Due to tight time constraints, rush orders may not be cancelled.


7. Pricing

Our current pricing is published on the Pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren't listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed.


8. Taxes

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.


9. Production And Creative Process

9(a) Alterations and accuracy. As part of our creative process, you agree we may make any alterations to the Content that we deem 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.

9(b) Creative direction. As our client, you may elect to provide creative direction over any aspect of the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so it can be properly recorded on the invoice, shot list, and/or any other attachments. You must ensure this creative direction has been correctly added to the invoice and any attachments prior to payment. You are not required to provide direction on creative aspects of your project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team.

Invoice and any attachments detail all direction. We will complete your order as it is described on the invoice and any attached documents. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described on the invoice and any attachments. It is very important that you carefully read the invoice and any attachments to ensure they accurately describe the work you'd like us to perform for you. If the invoice is not accurate, contact us to make the necessary changes prior to submitting payment. By submitting payment for an invoice, you agree the invoice correctly describes the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order as written on the invoice, the invoice and any attachments shall govern.

9(c) Review period. Immediately after the project is complete you will receive an email containing a link and password to view and download the Content. We allow up to 10 days for you to provide us with feedback regarding the delivered Content. After 10 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 and as indicated on the invoice. During the review period you may contact us to request changes to the Content such as re-shoots, edits, or additional photos. Upon request, we will re-shoot or edit photos free of charge under the following circumstances:

Work has not been completed as specified on the invoice and accompanying attachments. If we make an error and deliver work that does not match the specifications and description on the invoice and accompanying attachments, we will re-shoot or edit the work, as needed, to correct the error.

You request edits to the images. If you see anything in the Content that you'd like us to touch-up, we will be happy to perform a single round of editing, free of charge, at your request to further adjust details such as color, tone, minor blemishes, and any other adjustments that can be made without re-shooting the Content.

Some change requests made during the review period may require additional payment. These include but are not limited to:

Additional photos. If you request additional photos that were not previously included on the invoice we will inform you of the cost and request payment prior to completion of the work.

Re-shoots. If we've photographed images as they are described on the invoice but you'd like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we may, at our discretion, quote an additional charge to cover the cost of re-shooting the Merchandise.


10. Delivery

Upon completion of the project, the Content will be delivered through our Image Hosting Service. We will email you a link and a password so you can view and download all work that we've completed for you.

We contract with a third party vendor who manages the website and software that runs our Image Hosting Service. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our Image Hosting Service.

We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this as part of our Image Hosting Service, such storage should be considered as a courtesy only.


11. License And Permitted Use of Content

You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 12. Under this Agreement, the following rights are granted to you:

a. Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date.

b. Exclusive use. You have the exclusive right to use the Content. This means we will not license the Content to other parties. However, we retain the right to use the Content for our own promotional publication and internal use.

c. Worldwide use. There are no geographical restrictions on your use of the Content. You may use the Content worldwide.

d. Unlimited use. Except as provided in section 14(b) below, you may use and display the Content an unlimited number of times.

e. Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works.

f. Permitted uses include but are not limited to: websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.


12. Prohibited Uses

a. Unlawful use. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party.

b. May not be used in a logo or trademark. Content may not be used as a part of, or incorporated into, any logo or trademark.


13. Copyright Ownership and Transfer

13(a) Copyright ownership. All Content remains the copyrighted intellectual property of Solid Line Studio. No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us.

13(b) 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 for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company using the Content to print a catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use.

-Your employer or client. If you are ordering our services on behalf of your employer or your 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 authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Content.

13(c) Claim of authorship. You or anyone you are associated with may not claim you or they are the author of the Content. In any case where the author of the Content is specified it must be attributed as "Copyright Solid Line Studio".


14. Intellectual Property of Third Parties

14(a) Intellectual property visible on Merchandise. In some cases, Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Merchandise containing 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 all of the Merchandise you have directed us to photograph.

By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.

14(b) 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. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.


15. 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 so long as the Content is used in accordance with sections 11 and 12 of this Agreement.