TERMS OF SERVICE

SECTION A - GENERAL TERMS

ARTICLE 1 - TERMS

1. By accepting service from Capshure Media Productions LLC, you, the Client, are  agreeing to be bound by these Terms of Service, all applicable laws and regulations, and you agree to be held responsible for compliance with any applicable local laws.

2. You affirm that you are eligible to use our services and that you are:

   • at least 18 years of age at the time of use;

   • doing so with proper authorization and in compliance with the policies of the organization you represent;

   • and agreeing to these terms lawfully with respect to federal, state, and local law.

3. You are prohibited from using or accessing any services offered by Capshure Media Productions LLC if:

   • you do not agree with these Terms of Service;

   • you do not meet the criteria of eligibility as listed above;

   • or it would for any other reason be unlawful for you to accept these terms.

4. You understand and accept that Capshure Media Productions LLC expressly rejects any deviations or amendments to these Terms of Service unless formally agreed upon in writing.

ARTICLE 2 - PRICING AND RATES

1. Listed prices to any of the services or products offered by Capshure Media Productions LLC are considered as is, non-negotiable, and are subject to change without notice.

2. Capshure Media Productions LLC is not obligated to commit to any listed price until exclusively offered through a documented Quotation.

3. Each Quotation provided is considered an exclusive offer and Capshure Media Productions LLC is not obligated to price match, offer a grandfathered price, or in any other manner reiterate previously offered rates.

ARTICLE 3 - PROMOTIONAL DISCOUNTS

1. Capshure Media Productions LLC reserves the right to offer promotional discounts with lawful limitations, conditions, and/or prerequisites as allowed under Federal and Georgia law.

2. Listed discounts are considered as is, non-negotiable, and are subject to change without notice.

3. Capshure Media Productions LLC is not obligated to commit to any listed discount until exclusively offered through a documented Quotation.

4. Capshure Media Productions LLC currently offers a 20% discount to Government Organizations, Non-Profit Organizations, and Education Institutions.

   • Government Organizations: Federal Government of the United States; all 50 states and U.S. territories; all counties, public school districts, and municipalities

   • Non-Profit Organizations: Organizations with proven 501(c)(3) status

   • Education Institutions: accredited postsecondary institutions and programs

ARTICLE 4 - BOOKING POLICY

1. All projects must be booked a minimum of 4 weeks in advance of the requested production date.

2. Projects will not be considered booked until the following conditions are met:

   • The Client receives a Quotation and accepts the agreement with written or electronically recognized consent;

   • The Client agrees to these Terms of Service and Privacy Policy with written or electronically recognized consent;

   • The Client either 1) pays the Deposit payment in full as stated in the Quotation, or 2) submits an agency issued Purchase Order and Capshure Media Productions LLC returns documented approval of the Purchase Order.

ARTICLE 5 - PRIVACY POLICY

1. By sharing personal information with Capshure Media Productions LLC, the Client is granting Capshure Media Productions LLC the permission to collect and use the Client’s information as described in Capshure Media Productions LLC’s Privacy Policy.

2. The Client acknowledges Capshure Media Productions LLC’s Privacy Policy to be a complete and separate agreement from these Terms of Service. The Privacy Policy can be found at: https://www.capshuremedia.com/privacy-policy

ARTICLE 6 - INTELLECTUAL PROPERTY

1. The Client understands that Capshure Media Productions LLC and its licensors own and shall retain all rights to Intellectual Property used in any Solicitation, Advertisements, Products, or Services. Furthermore, said Property and all materials contained within are protected by applicable copyright and trademark law.

2. Unless expressed otherwise with written permission, any materials provided to you are permitted solely for personal, non-commercial, and transitory viewing. This is the grant of a use license, not a transfer of title, and under this license you may not:

   • modify or copy the materials;

   • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

   • attempt to decompile or reverse engineer any digital files or software;

   • remove any copyright or other proprietary notations from the materials;

   • or transfer any confidential materials offered exclusively to you to another person or organization.

3. This license shall automatically terminate if the Client violates any of these restrictions and may be terminated by Capshure Media Productions LLC at any time. Upon terminating the use of these materials or upon the termination of this license, the Client must destroy any materials in the Client’s possession whether in electronic or printed format.

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SECTION B - USE OF WEBSITE

ARTICLE 1 - ACCEPTANCE

1. By accessing the website at https://www.capshuremedia.com, the Client agrees to be bound by these Terms of Service, all applicable laws and regulations, and agrees to be held responsible for compliance with any applicable local laws. If the Client does not agree with these Terms of Service, the Client is prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

ARTICLE 2 - USE LICENSE

1. The Client is granted permission to temporarily download one copy of the materials (information or software) on Capshure Media Productions LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license the Client’s use is subject to the limitations described in these Terms of Service.

ARTICLE 3 - DISCLAIMER

1. The materials on Capshure Media Productions LLC's website are provided on an 'as is' basis. Capshure Media Productions LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

2. Further, Capshure Media Productions LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

ARTICLE 4 - LIMITATIONS

1. In no event shall Capshure Media Productions LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Capshure Media Productions LLC's website, even if Capshure Media Productions LLC or a Capshure Media Productions LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

ARTICLE 5 - ACCURACY OF MATERIALS

1. The materials appearing on Capshure Media Productions LLC’s website could include technical, typographical, or photographic errors. Capshure Media Productions LLC does not warrant that any of the materials on its website are accurate, complete or current. Capshure Media Productions LLC may make changes to the materials contained on its website at any time without notice. However Capshure Media Productions LLC does not make any commitment to update the materials.

ARTICLE 6 - LINKS

1. Capshure Media Productions LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Capshure Media Productions LLC of the site. Use of any such linked website is at the user's own risk.

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SECTION C - PURCHASE OF SERVICE

ARTICLE 1 - CONSENT

1. By accepting the Project Agreement the Client grants Capshure Media Productions LLC the Client’s Consent to provide and charge for services as described in the Project Agreement. Furthermore, the Client agrees to be bound to the Project Agreement and agrees to be held equally responsible for all consequential commitments and liabilities laid out in these Terms of Service.

2. The Client acknowledges the Project Agreement to be a complete and separate agreement from these Terms of Service.

ARTICLE 2 - SCOPE OF SERVICE

1. The Client acknowledges that Capshure Media Productions LLC is not obligated to provide any services outside of the Scope of Service as described and agreed upon in the Project Agreement.

2. If the Client requests for any service outside of what has been agreed to, the Client acknowledges that such requests:

   • will be considered as Additional Work;

   • are subject to approval by Capshure Media Productions LLC;

   • and may result in alteration or amendment to the original Project Agreement.

ARTICLE 3 - PAYMENT

1. Capshure Media Productions LLC accepts payment methods as listed in Quotation, Project Agreement, and online payment portals on https://www.capshuremedia.com. Credit/Debit card and digital transactions are processed through third party services.

2. The Client will be invoiced partially as described in the Project Agreement or fully once Capshure Media Productions LLC has fully rendered the agreed upon services. Payment due date will be listed on the invoice.

3. If the Client fails to submit payment on time as detailed in the Project Agreement, Capshure Media Productions LLC reserves the right to:

   • charge interest or fees for past due payments;

   • and/or suspend any ongoing services until the Client submits proper payment.

ARTICLE 4 - DEPOSIT

1. Capshure Media Productions LLC requires a 50% Deposit as a final confirmation to book projects and reserve production dates. This requirement can be satisfied with one of the following:

   • a payment of half of the total price as listed in the Quotation;

   • or the submission of an agency issued Purchase Order.

2. Capshure Media Productions LLC will only accept Deposit payments in conjunction with the Client’s acceptance to these Terms of Service, the Privacy Policy, and the Project Agreement.

3. Capshure Media Productions LLC is not obligated to approve Purchase Orders received from the Client even if approval was granted on a previous occasion.

ARTICLE 5 - REFUND POLICY

1. Capshure Media Productions LLC offers a 100% Money Back Guarantee that begins with the start of the Project Agreement and ends 30 days after the Completion of Work. Throughout this period, Capshure Media Productions LLC agrees to entirely refund the Client’s purchase if:

   • Capshure Media Productions LLC fails to deliver on the commitments described in the Project Agreement;

   • and the Client expressly requests for a Refund of Purchase.

2. Refund requests will follow the terms laid out in the Project Agreement.

ARTICLE 6 - CANCELLATION POLICY

1. If the Client intends to cancel the services listed in the Project Agreement, the Client will inform Capshure Media Productions LLC as soon as possible and within the period agreed upon in the Project Agreement.

2. Upon receipt of a cancellation request, Capshure Media Productions LLC will close the Client’s reservation and refund any Deposit payment made. Throughout this Cancellation process, Capshure Media Productions LLC reserves the right to:

   • ask for information and feedback concerning the reason for Cancellation;

   • offer and encourage alternative resolutions;

   • and charge Cancellation fees as agreed upon in the Project Agreement.

3. The Client and Capshure Media Productions LLC both acknowledge that the Client is not obligated to:

   • entertain any questions raised by Capshure Media Productions LLC concerning the reason for Cancellation;

   • accept any alternative resolutions offered and encouraged by Capshure Media Productions LLC;

   • pay for any Cancellation fees not described in the Project Agreement;

   • be held accountable for any liabilities not described in these Terms of Service or in the Project Agreement;

   • or withdraw the Cancellation request.

4. Capshure Media Productions LLC and the Client both agree to be held accountable for any liabilities as described in these Terms of Service or in the Project Agreement resulting from a Cancellation.

5. The Client acknowledges that Cancellations are distinct from and do not necessitate Termination of Agreements. In the event of Cancellation, the Client and Capshure Media Productions LLC both agree to continue to be bound to these Terms of Service and the Project Agreement until such time that a condition for Termination of Agreement is met.

ARTICLE 7 - CONFIDENTIALITY

1. Capshure Media Productions LLC agrees that the information and materials collected from the Client shall be kept confidential. Capshure Media Productions LLC shall not disclose any information to any Third Parties outside of the permissions granted through the Privacy Policy and the Project Agreement.

ARTICLE 8 - COMMUNICATION

1. The Client affirms that the contact information that the Client provides to Capshure Media Productions LLC is correct and done so legally with respect to Federal and Georgia Law.

2. The Client grants Capshure Media Productions LLC permission to contact the Client as needed in order to provide the services detailed in the Project Agreement.

3. The Client agrees to inform Capshure Media Productions LLC as soon as possible in the event that the Client’s contact information has undergone any changes.

4. If the service provided by Capshure Media Productions LLC is impeded by the inability to reach the Client with the contact information provided by the Client, the Client agrees to:

   • not hold Capshure Media Productions LLC responsible for any consequential damages suffered by the Client;

   • pay Capshure Media Productions LLC for any services rendered;

   • and be held responsible for any liabilities as described in these Terms of Services and the Project Agreement.

ARTICLE 9 - ACCESS TO SITE AND MATERIALS

1. The Client agrees to grant Capshure Media Productions LLC access to any premises, content, and materials in the Client’s control or possession as needed for Capshure Media Productions LLC to render the services detailed in the Project Agreement.

2. If the service provided by Capshure Media Productions LLC is impeded by access to any premises, content, or materials in the Client’s control or possession, the Client agrees to:

   • not hold Capshure Media Productions LLC responsible for any consequential damages suffered by the Client;

   • pay Capshure Media Productions LLC for any services rendered;

   • and be held responsible for any liabilities as described in these Terms of Services and the Project Agreement.

3. Capshure Media Productions LLC is not responsible for any errors made by misinformation provided by the Client or any third parties that the Client has authorized to communicate on the Client’s behalf.

ARTICLE 10 - CLIENT PROPERTY AND PERMITS

1. With respect to Federal, State, and Local law, the Client affirms that the Client either owns or has written permission to use any property that the Client provides to Capshure Media Productions LLC to use. This includes but is not limited to images, video, audio, products, and artwork that the Client:

   • emails, hands, or delivers to Capshure Media Productions LLC in any other manner;

   • or directs Capshure Media Productions LLC to photograph, record, or copy in any other manner.

2. The Client affirms that any materials the Client provides to Capshure Media Productions LLC to use does not contain any obscene, vulgar, defamatory, threatening, or unlawful content; and that the content does not and will not infringe on any third party’s rights including but not limited to copyright and trademark.

3. The Client affirms that any locations designated to Capshure Media Productions LLC to photograph or record are private property and that the Client has all necessary permits and written permissions to do so.

4. Although Capshure Media Productions LLC reserves the right to question the Client’s ownership and/or permissions concerning property, the Client acknowledges that it is not the responsibility of Capshure Media Productions LLC to educate or guide the Client on legal matters concerning but not limited to copyright, trademark, and local laws. The Client furthermore acknowledges that it is the Client’s sole responsibility to seek and obtain any necessary permissions as the Client’s needs dictate.

ARTICLE 11 - COMPLETION OF WORK

1. In an effort to make quality work, ensure accuracy, and avoid errors, Capshure Media Productions LLC will provide the Client an opportunity to review a draft of the work completed. Capshure Media Productions LLC and the Client agree to use this as a final opportunity to carefully review and correct any typographical errors and, if allowed in the Project Agreement, make aesthetic adjustments.

2. Once the Client or representative authorized by the Client confirms final approval though the submission of written or electronically recognized consent, the Client agrees to release Capshure Media Productions LLC of any obligation to provide additional changes or corrections.

ARTICLE 12 - USAGE RIGHTS AND OWNERSHIP

1. The Client acknowledges that Capshure Media Productions LLC may at any time use third party materials licensed as royalty free. Such materials are not offered exclusively to the Client nor to the use of Capshure Media Productions LLC.

2. Ownership and Intellectual Property of the Final Work created by Capshure Media Productions LLC and purchased by the Client is passed to the Client unless expressed otherwise in the Project Agreement.

3. Through this agreement, Capshure Media Productions LLC shall retain limited commercial usage rights to the end product and approved raw images with the following permissions:

   • publicly hosting online at https://www.capshuremedia.com;

   • publicly posting to any of Capshure Media Productions LLC’s social media accounts;

   • hosting privately on Google Drive, DropBox, or a similar online data storage platform;

   • modification as long the use does not mislead viewers to believe the modification to have been specifically approved by the Client.

4. Capshure Media Productions LLC agrees to not use the Client’s content in any way that is obscene, vulgar, defamatory, threatening, or unlawful.

5. Unless otherwise explicitly stated, Capshure Media Productions LLC shall retain full intellectual property rights to all pre-existing materials used in and owned by Capshure Media Productions LLC prior to the start of the project.

ARTICLE 13 - INDEMNIFICATION

1. In the event that Capshure Media Productions LLC incurs any form of damages or expenses due to any content or property unlawfully provided to Capshure Media Productions LLC by the Client, the Client agrees to:

   • cease any ongoing use or distribution of the unlawful content in question;

   • indemnify and defend Capshure Media Productions LLC from any and all liability by claiming full responsibility for the act;

   • and compensate Capshure Media Productions LLC for any and all consequential damages and expenses incurred including but not limited to fines and attorney fees.

ARTICLE 14 - FORCE MAJEURE

1. In no event shall the Client nor Capshure Media Productions LLC be responsible or liable for failure or delay in the performance of obligations due to damages or complications caused by extremely unforeseen emergencies or uncontrollable forces such as but not limited to acts of god, acts of terror, unavoidable accident, malicious injury, or acts of war.

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SECTION D - MISCELLANEOUS

ARTICLE 1 - MODIFICATIONS

1. Capshure Media Productions LLC may revise these Terms of Service at any time without notice. By continuing to accept services from Capshure Media Productions LLC the Client agrees to be bound by the latest version of these Terms of Service. These Terms of Service can be found at: https://www.capshuremedia.com/terms-of-service

2. In the event that a provision of these Terms of Service contradicts a provision of a preexisting Project Agreement, the following shall apply:

   • the provision of the preexisting Project Agreement shall prevail;

   • the contradictory provision of the Terms of Service shall be suspended until it is no longer contradictory due to a change, amendment, termination, or annulment of the preexisting Project Agreement.

3. If at any point the Client no longer agrees with these Terms of Service or any future adjustments made to them, Capshure Media Productions LLC and the Client agree to terminate the agreement and cease the rendering of any services.

ARTICLE 2 - TERMINATION OF AGREEMENT

1. This agreement may be terminated at any time by the mutual written or digitally recognized consent of the Client and Capshure Media Productions LLC.

2. Upon termination of this agreement, any Project Agreements in effect will also be terminated and the rendering of any services will cease. At this point, the Client and Capshure Media Productions LLC both agree to perform any final obligations including but not limited to payment, refund, and return of property.

ARTICLE 3 - GOVERNING LAW

1. These Terms of Service are governed by and construed in accordance with the laws of Georgia and you irrevocably submit to the exclusive jurisdiction of the courts of the State.