General

By using BlueSkyProductPhotography.com website, you agree to our Terms and Conditions. If you do not agree with any of these Terms, please do not use this site.

You may only use our services if you can legally form a binding agreement with Blue Sky Product Photography LLC (“Blue Sky Product Photography”). If you accept these Terms and Conditions, and use our services on behalf of a company, organization, or other legal entity, you agree that you have a legal authority to do so.

Blue Sky Product Photography may change services and pricing without prior notice. We retain the right to refuse service, terminate accounts, remove or edit content, and cancel orders at any time and in our sole discretion.

Blue Sky Product Photography may update or change these Terms and Conditions, as well as other materials presented on this website, without any notice.

You are solely responsible for your use of the BlueSkyProductPhotography.com website, for all information you provide to Blue Sky Product Photography, and for any consequences thereof. You are entirely, and exclusively, responsible for safeguarding your access credentials, including your password. You assume responsibility for any actions that are carried out under your password and through your account. Blue Sky Product Photography will not be liable for any loss or damage arising from any unauthorized use of our services by a third party.

Waiver

Failure of either party to act upon any right, remedy, or breach of this Agreement shall not constitute a waiver of that or any other right, remedy, or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

In the event that any part of this Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Governing Law

This Agreement and any claim arising out of this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to or application of its conflict of law provisions of your state or country of residence. 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, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Content

Unless otherwise noted, all images, text, logos, icons, photographs, and other materials on this site are copyrighted property controlled and/or owned by Blue Sky Product Photography, its affiliates, or third parties who have authorized their materials to be displayed on BlueSkyProductPhotography.com website.

No part of this content may be reproduced, published, displayed, modified, sold, distributed, or exploited in any way, without our written consent.

Image License & Copyright

Upon delivery, all images purchased from Blue Sky Product Photography become licensed to our clients on a royalty free basis.

Our Royalty Free Unlimited Use license grants the right to use the images for any advertising and promotional purposes of the client that made the order, in all forms of media, in an unlimited number of copies, worldwide, for an unlimited time.

Image modifications and alterations are permitted. Any alteration or modification of the image will not constitute a work of joint authorship.

Blue Sky Product Photography keeps the copyright for all delivered images. Our clients may not sell, license or distribute the images to a third party without our prior written permission.

Blue Sky Product Photography will not resell or give away any of your images.

Unless otherwise agreed, Blue Sky Product Photography retains the right to use any images for self-promotion. We may ask your permission to display some of your images at our website as examples of our work.

Image Sizing and Resolution

Blue Sky Product Photography delivers the images as follows:

  • Size: at least 4800 x 3200 pixels
  • Format: maximum quality JPEG
  • Color space: sRGB
  • Resolution: 300 dpi
  • Background: pure white (RGB 255,255,255)

Before delivery, all images go through a meticulous inspection process to ensure their highest quality. Blue Sky Product Photography color matches the images to the products and performs basic editing and retouching. If needed, we will resize the images according to your requirements. Clipping paths may be included if requested.

Shooting Instructions

Each order with Blue Sky Product Photography must be accompanied with a shooting list. Our clients can create shooting lists directly through our website, use our downloadable template, or make them in other ways they prefer. The shooting list must be written in accordance with our guidelines.

The client must provide all the shooting instructions in writing, before the shoot.

If no clear written instructions for the photograph are given, or the client decides to go with a “No Preference” or “Photographer’s Choice” option, the client will not be eligible for a free reshoot.

Blue Sky Product Photography does not offer additional propping. However, the client may send us props to be photographed together with the products and provide clear instructions on styling and composition.

Image Approval/Disapproval and Reshoots

Once the products are photographed, watermarked lower resolution images will be posted on our website for the client’s review and approval. Approved images will be made available for download at full resolution and without watermarks.

When photographing the products, we make every effort to meet the client’s requirements. If the client is not satisfied with an image, the client must provide us with a reason for disapproval. The reason for disapproval must be expressed in full detail in writing and submitted online.

Blue Sky Product Photography will review the reported issue. If we determine that the issue was a result of our mistake, a reshoot will be offered at no charge.

In all other cases, Blue Sky Product Photography may offer up to two paid reshoots.

Once a client agrees to a reshoot, the original image will no longer be available for further review, purchase, or download.

The client must provide very specific written instructions for the reshoot and submit them online. New images will be ready in 7 business days from the time we receive directions for the reshoot.

If the client is not satisfied with the final image after two reshoots, Blue Sky Product Photography will not offer any more reshoots, and the client may either accept or reject the last image produced. If the image is rejected, we will not charge the client for the image.

No reshoots or refunds are available for any paid orders.

Selecting a Product for Photography

Blue Sky Product Photography performs necessary basic cleaning and preparation of products before shooting. This includes removal of dust and fingerprints from solid surfaces, removal of wrinkles on fabrics, etc.

If the product has any defects that we cannot fix, it will be photographed “as is”. We recommend our clients to send us items without noticeable scratches, dents, or other significant flaws.

Blue Sky Product Photography may retouch minor imperfections, but is not obliged to do it.

We recommend our clients to carefully pack their products so they don’t get damaged during transit. If any items arrive significantly damaged, we will notify you immediately.

Turnaround Time

Blue Sky Product Photography provides an estimated delivery date for every order. Our standard turnaround time is 7-10 business days. To start working on your order, we need to have both the products and the shooting instructions (shooting list).

Blue Sky Product Photography will notify you as soon as we receive your products. The products will be checked against the shooting list, and we will contact you if we have any questions. After all questions (if any) are answered and the shooting instructions are finalized, we will start photographing the products, and the turnaround time for the order will begin.

Depending on our schedule, rush delivery option (3-5 business days) may be offered for small orders (25 images or less), for an additional fee per photo. Rush service is subject to availability and cannot be guaranteed. You have to contact us before placing an order to find out if rush delivery is available at the moment. If we do not meet the estimated rush delivery date, the order will be considered standard and the rush service fee will be waived.

For orders of 100 items or more, please contact us to discuss possible delivery date.

Payment Options

We accept all major credit/debit card payments via PayPal.
We also accept check payments by mail. The check should be made out to: Blue Sky Product Photography LLC

We do not require any payment up front, before the client previews and approves the photographs. Full resolution images become available for download only after Blue Sky Product Photography receives full payment for the order. If you prefer to pay us by check, please consider mailing your check ahead of time to avoid delays.

All invoices are due upon receipt.

Blue Sky Product Photography does not provide any receipts to the client. Blue Sky Product Photography’s invoice will serve as client’s receipt for work performed and services rendered.

Product Storage and Return

The products may be shipped back to the mailing address provided by the client, or may be donated or disposed of in accordance with local laws and regulations.

After the order is completed, non-perishable products may be stored with us for up to 1 month. After that period, we will donate or dispose of the items at our sole discretion. Blue Sky Product Photography will send email notifications at least twice before the products are donated.

Blue Sky Product Photography will handle your products with all possible care. However, Blue Sky Product Photography will not be held responsible for any damages to the products during shipping, handling, photographing, or storing.

Product Shipping and Return Shipping

All product shipping costs must be fully paid by the client. These include costs of delivery of products to our studio and back to the client.

If you would like your products to be returned, the easiest option is to generate and include a return label from your carrier at the time of shipment. If you don’t provide a return label, we will issue a separate invoice for the return shipment. Once the invoice is paid, the products will be shipped back.

Blue Sky Product Photography will not be held responsible for any products that are lost or damaged in transition. We strongly suggest using a shipping method with a tracking number and sufficient insurance.

Blue Sky Product Photography will not be responsible for any delays caused by a third party, including shipping services.

Image Hosting

Blue Sky Product Photography will display watermarked images in low resolution for the client’s preview and approval. After the client approves the images and Blue Sky Product Photography receives full payment, the full resolution images without watermarks will become available for download.

Blue Sky Product Photography will store your final images online for 30 days and then archive them.

Failure to Perform

If Blue Sky Product Photography is unable to supply our services due to mechanical breakdown, accident, acts of God, or any other cause beyond our reasonable control, then Blue Sky Product Photography will cancel the order. Blue Sky Product Photography will not be responsible or liable for any other damages arising from or related to its failure to render the services for reasons beyond our control.

This limitation of liability will also apply in the event that any images are lost or damaged through equipment malfunction, or otherwise, without the fault of Blue Sky Product Photography.

Releases

Blue Sky Product Photography is not responsible for obtaining trademark or other releases in connection with any images. The client is responsible to obtain all necessary permissions for any image uses that require a release.

Indemnification

Client will indemnify, defend, and hold harmless Blue Sky Product Photography, including its officers, directors, employees, agents, consultants, affiliates, licensors, partners, suppliers, sponsors and advertisers, from and against any and all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses, arising from or related to client’s use of Blue Sky Product Photography.com website and services.

Disclaimer of Warranties

This website, including without limitation any and all images, materials, information, products, services, and all functions and features of the services, is provided on “as is” and “as available” basis. Blue Sky Product Photography makes no warranties or representations, expressed or implied, as to the operation of the website, or accuracy of the information, content, and materials included on this site.

Blue Sky Product Photography disclaims all warranties, expressed or implied, including the implied warranties of merchantability, satisfactory quality, title, non-infringement, fitness for a particular purpose, and accuracy. By accessing and using Blue Sky Product Photography.com website, you assume that you use the site at your own risk.

Limited Liability

Blue Sky Product Photography will have no obligation or liability to any party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages (including but not limited to damages for loss of business, loss of revenue, loss of profits, and loss of data), arising out or relating to, in any way, the use of Blue Sky Product Photography.com website.

In any event, the total liability of Blue Sky Product Photography for any and all claims will not exceed the amount paid by the client to Blue Sky Product Photography in connection with the transaction that gave rise to the claim.

If you are resident of a state that does not allow the exclusion or limitation of incidental or consequential damages, the above exclusion or limitation may not apply to you.

Effective Date: 06/08/2015