Terms of Service (TOS)

This Terms Of Service ("TOS") document was created to clarify the principles under which Photongraphics Imaging Service (hereafter "Photongraphics") agrees to provide "Services" or "Materials" to its valued "Customers". Please read and understand this TOS thoroughly.

In lieu of a formal written contract, the following Terms of Service shall apply to business dealings between You, the Customer and Us, Photongraphics. Any modification to these terms must be made in writing and agreed to by both Photongraphics and the Customer (herein referred to collectively as the "Parties").

  1. "Material" or "Materials" refers to any creative works, includes includes photographs, illustrations, graphic designs, logos, sound recordings, motion-picture records, animations, text, special effects, original or derivative, produced by, or on behalf of Photongraphics.
  2. When The Customer requests Services or Materials from Photongraphics, and Photongraphics agrees to perform those Services or supply those Materials, the Parties are deemed to have entered into a contractual agreement. The terms of that agreement are set down in this TOS. Additional terms, conditions or limitations may be specified and agreed to, in writing, by the Parties.
  3. Any Materials that the Customer receives from Photongraphics are supplied pursuant to a non-exclusive license for use by the Customer. No right is granted to the Customer to transfer or extend that license to third parties.
  4. Copyright ownership to all Materials remains with Photongraphics. No transfer of ownership of copyrighted Materials is granted by Photongraphics that is not expressly set down in a formal written contract. Specifically, Photongraphics or its agents will not perform services on a "work made for hire" that is not expressly set down in a formal, written contract between the Parties. If the Customer requires transfer of copyright or other intellectual property rights, or requires exclusive use of the Materials, a written agreement must be made prior to commencement of any production work or performance of Services by Photongraphics or its agents.
  5. The fees charged by Photongraphics for any Services or Materials and the terms specifically related to fees charged, pre-paid deposits and terms of payment, are set down in separate fee schedules and made available on the Photongraphics website. In the case where the price fo Services or Materials is not available on the Photongraphics website, the fees and related terms must be agreed to in Writing by the Parties.
  6. The Customer agrees to pay the monies owed to Photongraphics under the terms of the applicable fee schedule or schedules. License to use the Materials is not granted until the payment is made in full.
  7. Violation of any of the terms of this TOS constitutes a breach of contract and may incur liabilities and may result in cancellation of any license to use the Materials.