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hello@elojoagency.com          |         ©2020 EL OJO AGENCY        |        LOS ANGELES

Terms + Policies

January 2020

By using our services, you signify your consent to these terms and you acknowledge that you have read our Terms and Privacy Policy.  You may not use our services if you do not consent to all our terms.

Contact Us

  • If you witness or experience any intellectual property or copyright infringement, misconduct or abusive behavior by anyone using our services or images/assets, please let us know at hello@elojoagency.com

  • We respect the intellectual property rights of others.

  • If our copyrighted images/assets are used inappropriately by anyone – please let us know at hello@elojoagency.com and provide us with all the necessary information.  We will take care of it in accordance with the DMCA.

  • If we receive a copyright infringement notice regarding your website or content, we will fully charge and cancel your plan and account.

  • After reading the Terms and Privacy Policy, if you have any questions, please contact us at hello@elojoagency.com.

Website Owner, the Offering, and Binding of Terms

This website is owned and operated by Wix.  These Terms set forth the terms and conditions under which you may use our website and services as offered by us.  This website offers visitors 6 month auto-renewed plans for re-occurring professional photography.  By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

Who Can Use This Website, and Requirements to Create an Account

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement.  You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.  You may discontinue use and request to cancel your account and/or any services at any time.  Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

Key Commercial Terms Offered to Customers

  • When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

  • The prices we charge for using our services / for our products are listed on the website.  We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.  Additional information about pricing and sales tax is available on the payments page.

  • The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.

Plan Purchasing​

  • By purchasing a plan, you agree to pay EL OJO Agency (hereafter called “the Agency) the stated amount for the stated consecutive months on an auto-renewal basis.  By purchasing, you (hereafter referred to as “the Contractor”) are also contractually agreeing to the following policies:

 

Booking

  • Appointments for the paid plans re-occurring monthly shoot are booked online through elojoagency.com.

  • It is the Contractor's responsibility to know their plan and schedule the correct amount of bookings.

  • The Agency is not responsible for scheduling reminders on the Contractor's end.

  • Each shoot is to be booked by the Contractor in consecutive months, starting with the month of purchase.  If no appointments are available to be booked for the initial purchase month, the initial shoot may be scheduled for the following month’s next availability.

  • For Level One Plans:  A single once-a-month shoot is available to be booked during the calendar month, to be booked by the Contractor.

  • For Level Two Plans:  Two shoots a month are available to be booked during the calendar month, to be booked by the Contractor.

  • For Level Three Enterprise Plans:  Five shoots a month are available to be booked during the calendar month, to be booked by the Contractor.

  • If the Contractor fails to book the allotted shoot/s for the month, the allotted shoot/s is/are forfeited, and fully charged.

Rescheduling and Booking Cancellation Fees

  • Re-scheduling is permissible at no cost up until five days before the shoot.  Any re-scheduling or cancelling occurring after five to 0 days before the shoot will incur a charge of $750 (billed to the Contractor, and must be paid before the next shoot) to book the desired reschedule date and time.

  • All fees must be paid in advance before the shoot in order for the shoot booking to be valid.

  • For cancellations (4 to 0 days before the booked appointment), failure to re-schedule, and no-shows, the Contractor will forfeit the shoot allotment, and be charged for the full monthly rate.

Refunds, Non-Transference and Auto-Renewals

  • The Agency does not provide refunds on any plan purchases.  All purchased plans, packages, fees and shoots are non-transferrable.  

  • The Agency and Photographers reserve the right refuse service if the scheduled shoot is for a third party.  The Contractor will be fully charged for the month, and the Contractor’s corresponding month’s shoot will be forfeit.

  • All fees must be paid before the shoot in order for the shoot booking to be valid.

  • If fees (re-scheduling, travel, etc.) are not brought current 48 hours before the shoot time, the booking is cancelled and shoot allotment is forfeit.

  • This contract between the Agency and Contractor will auto-renew for another 6-month contract term, until cancelled by the Contractor or the Agency.

Photography Shoot Policies

  • It is the responsibility of the Contractor to provide the Agency with the correct time, location, location contact person, subjects, and activities to be photographed.

  • A Photographer who best fits the profile of the Contractor will be chosen by the Agency.

  • The Photographer will shoot at the location and the subjects' activities organically, and as is.

  • The shoots are not styled and un-directed.

  • The Contractor or Representative of the Contractor may provide suggestions, to be taken or not taken by the discretion of Photographer.

  • The Photographer/s reserve the right to terminate the shoot at any time if s/he feels unsafe, verbally or sexually abused, physically mistreated or attacked.  The Contractor will be fully charged for the month, the Contractor’s corresponding month’s shoot will be forfeited, and this contract and account with the Agency will fully charged and terminated.  

  • The shoot length is a maximum of one hour (60 minutes), starting from arrival at the Contractor’s location.

  • The duration of the shoot is at the photographer's discretion.

Travel Fees

  • Travel distances greater than 10 miles outside of zip code 90042 will incur a separate travel charge of $50 per mile, billed to the Contractor in addition to the monthly charge.

  • All fees must be paid before the shoot in order for the shoot booking to be valid.

  • It is the Contractor’s responsibility to check for and expect the Additional Travel surcharge.

Equipment Malfunction and Force Majeure

  • Should any photographic or other equipment malfunction occur, the Agency will contact the Contractor to schedule a re-shoot at no extra charge.

  • The Agency or Photographer/s shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is:

    •  beyond the reasonable control of a party,

    •  materially affects the performance of any of its obligations under this agreement, and

    •  could not reasonably have been foreseen or provided against, but

    • will not be excused for failure or delay resulting from only general economic conditions or other general market effects.

Deliverables and Assets

  • Once the images (hereafter referred to as “assets”) have been edited, the Agency will notify the Contractor of retrieval instructions, via the Contractor’s provided e-mail.

  • The e-mail usually is sent in about 3-5 days (excluding Sundays, and depending on the Contractor's Plan) from the shoot date.

  • It is the Contractor’s responsibility to provide a correct e-mail address.

  • Contact hello@elojoagency.com if assets are not received one week from the shoot date.

Ownership of Intellectual Property, Copyrights and Logos

  • The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of EL OJO AGENCY.  Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

  • The Contractor and any website user recognize (hereafter referred to as "you") and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content.  You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

Granted Non-Commercial Use License in Plans

  • The Agency retains all Intellectual Property Rights (including copyrights) for each and all assets taken during any and all shoots.  For each delivered asset, the Agency grants the Contractor:

  • A 2-5 year (specified in purchased plan) non-commercial promotional and print use license, activated from the date of each asset’s creation.

  • A license for additional years may be purchased by inquiring at hello@elojoagency.com.

Asset Alterations or Given to a Third Party

  • The Contractor may not sell, barter or freely give assets to a third party, whether or not the third party’s image or likeness is portrayed in the asset.

  • All assets for the sole use of the Contractor’s promotional, non-commercial use, and may not be misused or used by any other party.

  • Assets are not to be edited or altered.  Reasonable editing inquiries may be made to the Agency at hello@elojoagency.com.

  • It is up to the Contractor’s discretion and responsibility to obtain model releases for any persons appearing in all assets.

  • For any Intellectual Property, Copyright or Asset Policy violations or infringement, the Agency will fully charge and immediately cancel the Contractor's account.

  • To the fullest extent permitted by applicable law, we reserve the right to pursue legal action for Intellectual Property and Use License violations.

Plan Cancellations

  • The Contractor may cancel the auto-renewal of the purchased plan after the 6 month plan ends.

  • If The Contractor violates any of these terms or fail to make timely payments, The Agency will suspend or cancel your account.

  • If The Contractor's account or any services are cancelled, it will result in loss of content and data.

  • It is the Contractor's responsibility to back up data and materials.

 

 

 

 

Indemnification

  • You agree to indemnify and hold EL OJO AGENCY harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

Limitation of Liability

  • To the maximum extent permitted by applicable law, in no event shall EL OJO AGENCY, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

  • To the maximum extent permitted by applicable law, EL OJO AGENCY assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Promotional E-mails and Content

  • You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Retention of Right to Change Offering

  • We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services.  We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

Right to Change and Modify Terms

  • We reserve the right to modify these terms from time to time at our sole discretion.  Therefore, you should review these page periodically.  When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms.

  • Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms.  If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

  • EL OJO AGENCY reserves the right to add to, amend and modify these terms at any time.  We reserve the right to refuse service.  The Photographer(s) reserve(s) the right to refuse service.  We (EL OJO AGENCY, any of its contractors and employees) reserve the right to legally hold accountable the Contractor for any violations of these terms.

Preference of Law and Dispute Resolution

  • These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Los Angeles County, CA, without respect to its conflict of laws principles.  Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Los Angeles, CA.  The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Provisions Recommended for Websites with User Communities

  • The website provider, Wix, offers its users the ability to create communities for the users of their websites, in order to interact with such users in a better way.

  • If you choose to enter into a user community, all users that join a community have a public profile that is publicly visible to site visitors, and public activity (such as their posts or comments) will be visible to other visitors of the website.

  • A user of the website can always opt-out and exit the community, and upon doing so, such user’s profile will not be publicly visible. The user will not be able to use the community features (e.g. liking, commenting or writing posts).

Privacy Policy

  • We collect two types of information: Personal Information (which could be used to uniquely identify an individual) and Non-personal Information (which is non-identifying).

  • To use certain of our services, you need to create a user account.  You should keep your username and password protected and safe, and only allow people you trust to access your account or website settings.​

  • All activities that occur under your user account or website are your responsibility.

  • The account information you provide us must be your own (or your company’s), and be accurate and complete.

  • When a user account is disputed, we may determine the ownership of such user account. 

  • You must comply with all applicable laws.

  • You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.​

  • You shall regularly save backups of your content.

  • You agree that we or our partners may send you promotional messages and content.

  • You can easily opt-out of receiving promotional messages by contacting us.​

  • You allow us to use your images for our promotional activities, and to determine the manner in which the services will be performed.​

  • You agree that the Agency has the right to impose and change price plans for its Services.  Additionally, the Agency may impose restrictions depending on your specific usage of the Service.

  • In general, avoid doing anything that might harm us or anyone else.

  • You may not copy our materials, use any content in an illegal or harmful manner, make any misrepresentations or abuse our Services, or otherwise violate anyone’s rights or any applicable laws.

  • Failure to abide by any of these rules may bring us to cancel your account and stop providing you with any services.