Flashpoint Photography, LLC

Terms and Conditions of Us

Welcome to Flashpoint Photography, LLC (“Company”, “We”, “Us”, “Our”). By accessing and using our website and services, including purchasing products or participating in events or offerings, you (“You”, “User”, “Client”) agree to comply with and be legally bound by the terms and conditions set forth below. Please read this agreement carefully before using our website.

Last Updated: April 10, 2025

NOTICE

These Terms and Conditions of Use ("Agreement") are legally binding. It is your responsibility to read these Terms and Conditions carefully before purchasing, using, or accessing any of our products or services. By accessing or using this website, you agree to comply with and be bound by these Terms and Conditions.

1. General Information

1.1 Ownership and Operator
This website is owned and operated by Flashpoint Photography, LLC, an Arizona-based company.

1.2 Eligibility
You must be at least sixteen (16) years of age to use our website. If you are under the age of sixteen, you must obtain consent from a parent or legal guardian before using our website.

1.3 Use of the Website
Use of this website is at your own risk. While we take reasonable efforts to maintain and host the website on a reputable platform, we make no representations or warranties regarding the safety of your use of the website. These Terms and Conditions are subject to change at any time without notice.

2. Intellectual Property Rights

2.1 Ownership of Works
All photographic works and content created by Flashpoint Photography, LLC ("Photographer"), including but not limited to images, digital files, artwork, products, designs, graphics, text, logos, and content displayed on the Photographer's website or provided to clients, are protected under U.S. and international copyright laws. These works remain the exclusive property of the Photographer at all times.

2.2 Copyright Ownership
The Photographer is the sole and original copyright holder of all photographs and creative works. No copyright or ownership rights are transferred to the client. The client is granted only the specific usage rights outlined in this Agreement or any accompanying usage license. All rights not expressly granted are reserved.

3. Use License

3.1 License Granted
A limited, non-exclusive, non-transferable license is granted to the client to view, download, and use digital images or website materials for personal, non-commercial, and transitory purposes only, subject to the following conditions:

You may not modify, alter, or edit the materials or images, including cropping, applying filters, or changing colors, unless explicitly permitted in writing.
You may not use the images for any commercial purpose, publication, or public display without written consent from the Photographer.
You may not decompile, reverse engineer, or attempt to extract any software or code from the Photographer’s website.
You may not remove copyright, watermark, or proprietary notices.
You may not transfer the materials to another person, sublicense them, or "mirror" the content on another website or server.

3.2 Termination of License
This license shall automatically terminate if any of these terms are violated and may be revoked at any time by the Photographer. Upon termination, all downloaded or printed materials must be destroyed.

4. Copyright Usage Licenses

4.1 Full Payment Requirement
Upon full payment of all fees and expenses for a commissioned assignment, the Photographer grants the client a limited Usage License to use the specified licensed images for the purposes, platforms, and duration explicitly agreed upon in writing.

4.2 No Usage Prior to Payment
No usage of any licensed images may occur prior to payment in full unless expressly authorized by the Photographer in writing.

4.3 Alteration Restrictions
The client is not permitted to alter, manipulate, crop, or use partial segments of any image without the Photographer’s prior written approval.

4.4 No Sublicensing or Transfer of Rights
The client may not sublicense or transfer usage rights to any third party, including advertisers or vendors, unless explicitly stated in the Usage License and agreed upon in advance.

4.5 Use Beyond Agreed License
Any use beyond the scope of the agreed Usage License (e.g., additional services, platforms, or products) is strictly prohibited without prior written agreement and may incur additional licensing fees.

4.6 License Revocation
Any granted license will be automatically revoked if:

Full payment is not received by the invoice due date;
The client becomes insolvent or enters into receivership;
The client breaches any terms of this agreement.

5. Photographer’s Rights and Promotion

5.1 Self-Promotion
The Photographer reserves the right to use any photographs for self-promotion, including but not limited to use in portfolios, competitions, publications, exhibitions, and advertising. The client grants a model release for individuals appearing in the images for such business use, unless otherwise agreed in writing.

5.2 Attribution and Image Integrity
When images are published online or in print, the Photographer must be properly credited (e.g., "Photo by [Photographer Name]"). Clients agree that images shared on public platforms may not be altered, edited, filtered, or cropped (except for mandatory platform crops) in a way that misrepresents the Photographer's work. Clients are also responsible for ensuring that friends or family do not misuse or alter the images.

6. Security and Assumption of Risk

6.1 Security
It is your responsibility to secure your username and password from theft or unauthorized use that would violate these Terms and Conditions. We do not store credit card numbers or payment information. These are processed through third-party processors such as Stripe and PayPal. By utilizing these payment processors, you indemnify us and assume any risk associated with the security of the payment details.

6.2 Confidentiality
You have no right to confidentiality unless explicitly stated, such as in a subsequent client agreement or otherwise mandated by law.

6.3 Assumption of Risk
By accessing our offerings and/or related materials, whether paid or unpaid, you assume all risk associated with your access and any subsequent actions you take as a result of using the materials provided.

7. Communications

7.1 Ownership of Communications
Any communications made through our ‘contact,’ blog, blog comments, newsletter sign-up, or other related pages, or directly to our phones, mailing, or email addresses are not held privileged or confidential and are subject to viewing and distribution by third parties.

7.2 Unsolicited Content
We reserve the right to republish any submission in whole or in part as reasonably necessary for the course of our business. You agree not to submit any content that is illegal, libelous, malicious, obscene, abusive, negligent, or otherwise inappropriate.

8. Disclaimers

8.1 Use at Your Own Risk
Our website and materials are provided for informational and educational purposes only. You agree to indemnify and hold harmless Flashpoint Photography, LLC for any loss or consequences resulting from your use of our website, including technological failures, errors, or system issues.

8.2 No Guarantees
We make no guarantees regarding the accuracy or outcome of using the information or materials on our website. If you have medical, legal, or financial questions, consult a professional.

9. Warranties Disclaimer

9.1 No Warranties
We make no warranties regarding the functionality, accuracy, or completeness of our programs, products, services, or website materials. All materials are provided "as-is" and without warranties of any kind, either express or implied.

10. Indemnification, Limitation of Liability, and Release of Claims

10.1 Affiliate Links
Our site may include affiliate links to third-party products or services. We disclaim all liability associated with purchases made via these links.

10.2 Limitation of Liability
To the fullest extent permitted by applicable law, Flashpoint Photography, LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or materials provided.

11. Termination

11.1 Termination of Access
We reserve the right to terminate or suspend your access to the website at our sole discretion if you violate these Terms and Conditions.

12. Governing Law and Jurisdiction

12.1 Jurisdiction
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Arizona, United States of America. Any disputes shall be adjudicated in the courts of Pima County, Arizona.

13. Entire Agreement

13.1 Agreement Binding
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and Flashpoint Photography, LLC regarding the use of this website.

14. Severability

14.1 Severability Clause
If any provision of these Terms and Conditions is deemed invalid, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Contact Information

For any questions regarding these Terms and Conditions, please contact us at:
Eli@flashpointphotography.com