Terms of Service

1. Acceptance of Terms

By accessing or using the Capture photo delivery platform ("Service"), operated by Ellis Creek Photography LLC ("Company," "we," "us," or "our"), you ("Client" or "you") agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of Service

Capture is a photo delivery and project management platform that enables professional photographers to share, deliver, and manage photographic images with their clients. The Service includes client gallery access, photo downloads, invoicing, and payment processing.

3. Account Registration and Security

To access galleries and download images, you must create an account using a valid email address and password. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that we believe are being used in violation of these Terms.

4. Intellectual Property and Image Licensing

All photographs delivered through the Service remain the intellectual property of the photographer or photography company that created them, unless a separate written license agreement states otherwise. Access to galleries and the ability to download images does not constitute a transfer of copyright.

Image usage rights are governed by the specific license agreement provided with your project or invoice. If no license agreement accompanies your delivery, images are provided for personal, non-commercial viewing only. Any commercial use, redistribution, resale, or sublicensing of images without an explicit written license is prohibited.

You may not remove, alter, or obscure any watermarks, metadata, or copyright notices embedded in images delivered through the Service.

5. Payments and Invoicing

Invoices generated through the Service are due upon receipt unless otherwise specified. Payment processing is handled by QuickBooks Payments, a third-party payment processor operated by Intuit Inc. By making a payment, you also agree to Intuit's terms of service and privacy practices.

We do not store credit card numbers or bank account details on our servers. All payment information is transmitted directly to and processed by QuickBooks Payments.

In the event of a billing dispute, please contact us directly at the email address associated with your photographer's account.

6. Acceptable Use

You agree not to:

• Share your account credentials or gallery access links with unauthorized parties
• Attempt to circumvent security measures, watermarks, or access controls
• Use automated tools to scrape, download, or reproduce content from the Service
• Use the Service for any unlawful purpose
• Interfere with the operation or security of the Service

7. Data Storage and Availability

We use commercially reasonable efforts to maintain the availability of your galleries and images. However, we do not guarantee indefinite storage. Galleries and images may be archived or removed after a reasonable period following project completion. We recommend downloading all desired images promptly upon receiving access.

8. Third-Party Services

The Service integrates with third-party providers to deliver its functionality, including but not limited to:

• Amazon Web Services (AWS) for secure image storage
• QuickBooks Payments (Intuit) for invoice and payment processing
• Brevo for transactional email delivery

Your use of these third-party services is subject to their respective terms and privacy policies.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, arising from your use of the Service.

Our total aggregate liability for all claims related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, liabilities, damages, losses, and expenses arising from your use of the Service or your violation of these Terms.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via the email address associated with your account. Continued use of the Service after such notice constitutes acceptance of the modified Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Charleston County, South Carolina.

14. Contact Information

If you have any questions about these Terms, please contact us:

Ellis Creek Photography LLC
2 Live Oak Ave
Charleston, SC 29407
Email: josh@elliscreekphotography.com
Phone: (843) 732-6111