Terms of Use

These Terms of Use (the “Terms”) apply to your use of our website at https://elitecapturesny.com, our client portal, our crew portal, and the online galleries, films, proposals, agreements, invoices and payment pages we share with you (together, the “Site”). The Site is operated by Elite Captures, doing business as Elite Captures (“we”, “us” or “our”). “You” means the person using the Site and, if you use it for a business or other organization, that organization too.

By using the Site or creating an account, you agree to these Terms. If you do not agree, please do not use the Site. Our Privacy Policy explains how we collect and use personal information, and our Cookie Policy explains the cookies we use.

Who we are

We are a photography and videography company working with clients across the United States. We photograph and film weddings, events, portraits and families, corporate work, commercial and brand campaigns, products, and real estate.

You can contact us by email at business email or by mail at [business address].

Who may use the Site

Anyone may browse the public pages of the Site. To create an account, sign an agreement or book our services, you must be at least 18 years old and able to enter into a binding contract.

People under 18 may use the Site or take part in a booking only through a parent or legal guardian, who makes the booking, holds any account, and is responsible for the minor’s use of the Site. The Site is not directed to children under 13, and we do not knowingly collect personal information from children under 13 through it. Our Privacy Policy explains more.

If you use the Site for a company or other organization, you confirm that you have authority to accept these Terms on its behalf.

Information on the Site is not an offer

Portfolio work, package descriptions, starting prices, sample timelines and availability shown on the Site are general information. They are not an offer to provide services, and they may change at any time. Prices and availability are confirmed only in a written proposal.

A booking is made only through a written agreement signed by you and by us (your “Services Agreement”). Your Services Agreement sets out the services, fees, payment schedule, cancellation terms, delivery and usage rights for your booking. If these Terms conflict with your Services Agreement, the Services Agreement controls for the services it covers. Our Booking and Cancellation Policy summarizes how booking works.

We try to keep the Site accurate, but it may sometimes contain errors, such as a wrong price or an outdated description. We may correct errors at any time. Correcting an error on the Site never changes the fee in a Services Agreement you have already signed.

Your account

You need an account, with an email address and password, to use parts of the client portal and the crew portal. When you create or use an account, you agree to:

• give us accurate information and keep your email address up to date, because we use it to send links, invoices and important notices;
• keep your password private, use a password you do not use on other sites, and not share your account with anyone;
• tell us right away at [business email] if you believe someone has used your account or password without your permission; and
• take responsibility for activity under your account, except activity that happens after you tell us about unauthorized use or that results from our own failure to protect the Site.

We may suspend or limit an account if we reasonably believe it is being misused, has been compromised, or is being used in breach of these Terms. Where it is safe and lawful to do so, we will tell you why and how to restore access.

Crew portal accounts are available only to people we have engaged. Use of a crew portal account is also governed by that person’s agreement with us, and access ends when the engagement ends.

Secure links

We often send links by email that open a gallery, film, proposal, agreement, invoice or payment page. Treat these links like a key. Anyone who has a link may be able to open, view or download what it leads to, so:

• do not forward a link or post it publicly unless you are comfortable with the recipient seeing and downloading everything it opens;
• tell us right away if a link reaches the wrong person, or if you believe someone has seen something they should not have; and
• ask us for a new link if one stops working.

Links may expire after a set period, and we may revoke a link at any time, for example to protect your privacy or after a security concern. You are responsible for anyone you choose to share a link with. If you would like to share your gallery with family, friends or colleagues, ask us how to do so safely.

Electronic communications and signatures

Your consent to electronic records. By using the Site, booking with us, or giving us your email address for a booking, you agree that we may provide records to you electronically. This consent covers all records relating to your use of the Site and any booking with us, including proposals, agreements, invoices, receipts, notices, disclosures and delivery messages, and any record the law requires us to give you in writing. We send these records by email or make them available in your client portal.

Electronic signatures. You agree that you may sign proposals, agreements, releases and other documents electronically in our signing system, and that your electronic signature has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (the “E-SIGN Act”) and the Uniform Electronic Transactions Act as adopted in your state, or a similar state law. Our signing system keeps a record of each signature, including when and how the document was signed, as evidence of the signature. You will receive a copy of each document you sign.

Paper copies. You may ask for a paper copy of any record we have provided electronically by emailing [business email] or writing to us at [business address]. We will mail it to you at no charge.

Withdrawing your consent. You may withdraw your consent to electronic records at any time by telling us at [business email]. Withdrawing consent does not affect the legal validity of records or signatures made electronically before then. After you withdraw consent, we will send future records on paper by mail, which may slow down proposals, payments and delivery, and some features of the client portal may no longer be available to you.

Keeping your contact details current. Please keep your email address up to date in your client portal or by telling us at [business email]. Records sent to the most recent email address you have given us count as delivered.

What you need. To receive, open and keep electronic records you need:

• a computer, tablet or phone with internet access;
• a current version of a common web browser, such as Chrome, Safari, Edge or Firefox, with cookies and JavaScript turned on;
• an email account that you can access;
• software that can open PDF files (most current browsers can); and
• a way to save or print records for your files, such as device storage or a printer.

By consenting, you confirm that you meet these requirements and can open and keep electronic records. If these requirements change in a way that could stop you from opening or keeping our records, we will tell you before the change takes effect.

Payments

Online payments are processed by Stripe, a third-party payment processor. We accept payments by card and by bank transfer (ACH) through Stripe, and other methods by arrangement. When you pay online, you enter your payment details into Stripe’s systems, and Stripe’s own terms and privacy policy apply to its handling of them. We do not store your full card number or your bank login details on our systems.

By submitting a payment, you authorize us, through Stripe, to charge your card or debit your bank account for the amount you approve, and you confirm that you are authorized to use that payment method. For bank transfers, Stripe may show you a separate debit authorization, which also applies.

Fees, payment schedules, late charges and refunds for our services are set by your Services Agreement and summarized in our Booking and Cancellation Policy.

Acceptable use

You agree not to do, or help anyone else do, any of the following:

• scrape, crawl or spider the Site, or copy its content by automated means;
• bulk download images, films or other content, other than downloading your own gallery or files that we make available to you;
• harvest or collect information about other users, clients or crew;
• copy, modify, decompile or reverse engineer the Site or its software, or try to extract its source code, except where the law expressly allows it;
• probe, scan or test the security of the Site, or try to get around any login, access control, download limit or link expiry;
• upload or send viruses, malware or any other harmful code;
• impersonate any person, or misrepresent your connection with any person or organization;
• upload, send or link to content that is unlawful, defamatory, harassing or obscene, or that infringes anyone’s copyright, trademark, privacy or publicity rights;
• use the Site to send spam or unsolicited messages;
• interfere with or disrupt the Site, its servers or networks, or place an unreasonable load on them; or
• use the Site in any way that breaks the law or these Terms.

Public search engines may index the public pages of the Site in line with our robots.txt file. That permission covers search indexing only; it does not cover collecting our content for any other purpose, including those described under “Text and data mining and artificial intelligence” below.

If you believe you have found a security weakness in the Site, please report it to [business email] and do not test it further.

Our content and intellectual property

The Site and its content, including photographs, films, audio, text, graphics, page design and software, and our name, logo and other marks, belong to us or to those who license them to us. They are protected by the Copyright Act (17 U.S.C.), trademark law and other laws. Unless a written agreement says otherwise, we own the copyright in the photographs and films we create.

We give you a limited, personal, non-exclusive, non-transferable and revocable license to view the Site in your web browser for personal, non-commercial purposes and to use the Site as intended to work with us. You may share a link to a public page of the Site. Any other use, including copying, downloading, reposting, editing, framing or commercial use of our content, requires our written permission.

Your rights in the photographs and films we deliver to you are set by your Services Agreement and our Image Licensing and Usage Policy, not by this section.

Text and data mining and artificial intelligence. We expressly reserve all rights to use the Site and its content for text and data mining and for developing, training, fine-tuning, testing or improving artificial intelligence or machine learning systems. No one may use our content for these purposes, by manual or automated means, without our prior written permission. This reservation applies whether or not a machine-readable notice appears on a particular page.

If you appear in an image or film on the Site and would like it removed, email us at [business email]. We review every request and respond promptly. To report content that you believe infringes your copyright, see our Copyright and DMCA Policy.

Content you provide

You may send or upload content through the Site, such as inquiry details, inspiration images, shot lists, schedules, documents, messages, comments and gallery selections (“Your Content”). You keep ownership of Your Content.

You give us a non-exclusive, royalty-free license to host, store, copy, process, display and transmit Your Content only as needed to run the Site, provide our services to you, and communicate with you and our crew about your booking. This license ends when Your Content is deleted from our active systems, except for copies held in backups for a limited time and records that the law or our agreements require us to keep. We do not use Your Content in our marketing unless you give us permission.

You confirm that you own Your Content or have permission to share it with us, and that our use of it as described here will not infringe anyone’s rights. Please do not send payment card numbers, bank account numbers or government ID numbers through messages or uploads.

We may remove or decline to host content that we reasonably believe breaks the law or these Terms. We are not required to review Your Content before it is posted.

Feedback

If you send us ideas or suggestions about the Site or our services (“Feedback”), we may use them without restriction and without paying you. Feedback does not include Your Content, your personal information, or reviews you publish, which remain yours and are covered by the other sections of these Terms and our Privacy Policy.

Third-party links and services

The Site may link to or include services run by others, such as Stripe’s payment pages and social media sites. We do not control those services and are not responsible for their content, security or practices. Their own terms and privacy policies apply. A link to another site does not mean we endorse it.

Disclaimers

We work hard to keep the Site secure, available and accurate. Even so, to the extent permitted by law, the Site is provided “as is” and “as available”. We do not promise that the Site will be uninterrupted, timely, secure or error-free, that every defect will be corrected, or that it will be free of harmful components. Maintenance, updates and events outside our control may make the Site, a gallery or a film temporarily unavailable. Please keep your own copies of files we deliver to you.

To the extent permitted by law, we disclaim all implied warranties about the Site, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

This section applies to the Site only. The photography and film services you book, and any promises we make about them, are covered by your Services Agreement. Some states do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you, and you may have other rights that vary from state to state.

Limitation of liability

To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data or loss of goodwill, arising from your use of, or inability to use, the Site, even if we were told they were possible.

To the extent permitted by law, our total liability for all claims arising from your use of the Site is limited to the greater of (a) the amount you paid us for use of the Site itself in the 12 months before the claim arose, which is usually zero because the Site is free to use, or (b) $100. Fees you pay for photography and film services are not fees for use of the Site.

These limits do not apply to liability that cannot be limited or excluded by law, such as liability for fraud, or, where the law of your state does not allow it to be limited, liability for gross negligence, willful misconduct, or death or personal injury caused by negligence.

This section does not limit our obligations under a signed Services Agreement, which has its own terms, including its own limits on liability.

Indemnity

To the extent permitted by law, you agree to indemnify us and our owners, employees and contractors against claims brought by third parties, and the resulting losses and reasonable costs (including reasonable attorneys’ fees), to the extent they arise from your misuse of the Site, Your Content, or your breach of these Terms or of the law. This does not apply to the extent a claim results from our own negligence, misconduct or breach. We will tell you promptly about any claim covered by this section.

Suspension and termination

We may suspend or end your access to all or part of the Site if you breach these Terms, if we need to do so to protect the Site, other users or our crew, or if the law requires it. Where reasonable, we will give you notice first. You may stop using the Site at any time, and you may ask us to close your account by emailing [business email].

Closing an account or ending access to the Site does not cancel a Services Agreement, which ends only under its own terms. If we end your access while you have an active booking and you have not breached these Terms, we will deliver your photographs and films another way. Before you close an account, download any files you want to keep, because we may not be able to restore them.

Governing law and disputes

These Terms are governed by the laws of the State of [governing state], without regard to its conflict of law rules. If a dispute about these Terms or the Site comes up, please contact us first so we can try to resolve it informally.

Any dispute arising from these Terms or your use of the Site must be brought in the state or federal courts located in [county and state for disputes], and you and we consent to the jurisdiction of those courts. Either of us may instead bring an individual claim in small claims court if it qualifies. Nothing in this section takes away any protection that the consumer protection laws of your state of residence give you and that cannot be waived by agreement.

Disputes about services you have booked are governed by the dispute terms in your Services Agreement.

Changes to these Terms

We may update these Terms from time to time. When we do, we will post the new version on this page and update the “Last updated” date. If a change is material, we will give reasonable notice before it takes effect, for example by email to account holders or a notice on the Site. Changes do not apply to disputes that arose before they took effect. If you keep using the Site after a change takes effect, the updated Terms apply to you. Changes to these Terms never change a Services Agreement you have already signed.

General terms

• Severability. If a court finds any part of these Terms unenforceable, that part will be enforced to the fullest extent allowed and the rest of these Terms remains in effect.
• No waiver. If we do not enforce a right under these Terms, we have not given it up.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to a successor business, for example in a sale or reorganization, and the successor will be bound by these Terms.
• Entire agreement. These Terms, together with the policies they link to, are the entire agreement between you and us about use of the Site, and they replace any earlier terms for the Site. Your Services Agreement governs the services you book.
• Notices. We may send you notices by email to the address on your account or through the Site. You may send notices to us at [business email] or [business address].
• Survival. Sections that by their nature should continue after your access ends, including those on intellectual property, Your Content, feedback, disclaimers, limitation of liability, indemnity and governing law, continue to apply.

Contact us

If you have questions about these Terms, contact Elite Captures, doing business as Elite Captures:

• Email: business email
• Phone: [business phone]
• Mail: [business address]

If you have trouble using the Site because of a disability, see our Accessibility Statement or contact us and we will help.