Terms and Conditions
Updated July 18, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING HEART PRODUCTION OR AFFILIATED ENTITIES FOR PURCHASING PHOTOGRAPHY OR VIDEOGRAPHY SERVICES AND RELATED PRODUCTS AND SERVICES.
The following are terms of a legal agreement between you and Heart Productions, LLC (“Company”, “we”, “us”). By purchasing photography or videography services or corresponding products produced by these Services from Company (“Services”) or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms, in their entirety and to comply with all applicable laws and regulations.
Company may terminate your ability to use our services without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use our services.
1. INTRODUCTION: By continuing to use Company’s Software, Photography, or Videography services, you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time at its sole discretion. Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
We reserve the right to make changes to the Services and resulting Products and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms of Service means that you accept and agree to the changes.
2. TERM, PAYMENT & MODIFICATION: The term of this Agreement shall begin and become effective as of the date you register with the company, irrespective of any payment for services. The term shall continue unless mutually agreed upon in writing.
Client agrees to pay to Company all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup, booking, or on-call fee (or similar one-time payment depending on the service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Company in initiating services.
Client understands and agrees that Services are billed upon authorization of the client or delivery of the Service, at Company’s discretion. In addition, if Client has elected to pay Company by credit card, Client agrees to authorize Company to charge its credit card for such payments and for any amounts owed under this Agreement. In addition, client agrees to not perform any chargeback to Company from their bank or credit card if they are in violation of these payment terms and acknowledges it is detrimental to Company’s ability to do business.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
In the event of a chargeback, the Client agrees that these TOS will provide sufficient proof of their services and products being delivered as described at purchase.
You understand that Company may modify its standard terms and conditions and service offerings from time to time and that the Company reserves the right to adjust the pricing of such services.
3. METHOD OF PAYMENT: Client will provide payment using a valid credit or debit card with sufficient credit, or maintain a deposit with Company that Company can bill for all contracted Services.
4. REFUND POLICY AND CANCELLATIONS OF SERVICES: The Services and resulting Products referenced herein are sold with a strict no refund policy. Service Fees assessed by Company are non-refundable, and Company does not provide Fee refunds or credits for partially used or unused Services, but may allow Service fees to be transferred for the purchase and payment of alternative Services provided by the Company, at its sole discretion. If Company chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. In the event of a refund or credit, the amount refunded or credited will be determined by Company in its sole discretion. If you have any questions or concerns about this refund policy, please contact us at support@heart-productions.com.
If you wish to cancel any Company services (including subscriptions for services) at any time, you must submit a cancellation request to us via our support email address support@heart-productions.com.
5. REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund or replacement. Refunds will only be given in the event that a satisfactory replacement cannot be provided.
6. SERVICES PROVIDED: We provide professional photography and videography services, available at Client’s home, birthing hospital, or any mutually-agreed upon venue, and the production of photographs, videos, and print products derived as a result of those services. If a third-party venue other than home and birthing hospital is selected for the photography shoot, Client is responsible for obtaining permission from the venue owner, and paying any fees related to use of the venue. For Services to be provided at a birthing hospital, Client must request and gain guest access for the photographer to be able to enter the premises. If Services are to be provided in a hospital with which Company has an established contractual relationship, we will generally have access to you throughout your hospital stay, pending the instructions of key hospital medical personnel. For filming sessions in other hospitals which do not have contracted services with the Company, you must request and gain guest access for the photographer to be able to enter the premises as a guest and our access to certain locations, such as the delivery room, may be limited. We will make a good faith effort to access all relevant locations to film as much content and provide as many images as possible.
7. NO LICENSE: Nothing contained in this Agreement or use of Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
8. YOUR GALLERY: Company will provide access to an online gallery for hosting your photos and videos (Digital Assets) in a personalized password-protected site. Company will retain your Digital Assets online but not publicly accessible for no less than 90 days to allow you to purchase any or all of the Digital Assets, upon which time you will receive full license to use, share, and print such images or videos. If you choose not to purchase such Digital Assets, or printed products derived from them, within 90 days of their creation, the company has the right to block access to the gallery, or to delete the images and videos, at its sole discretion.
9. USE OF IMAGES AND NAME FOR MARKETING PURPOSES: You hereby grant the use of your images, photos, videos, statements, contest entries, or other personal information for promoting the Company’s products and Services online, in social media, advertising, and in print. You may opt out of this use at the time of initial registration by declining such use, or by sending an email to Support@HeartProductions. You have the unlimited right to share all of your own acquired images and videos on social media or other platforms at your sole discretion.
10. CHANGE IN SERVICES: We may, without prior notice, change the Services or stop providing the Services or features of the Services, to you or to Users generally; or create usage limits for the Services. If we do so, we will provide notice by email and text message delivered to the last contact information provided by you, informing you of the upcoming termination of services, and permitting you a minimum of 30 days to purchase and/or download your digital assets before they are eliminated. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION
These Terms and Conditions have been updated as of July 18, 2024.