Terms of services

LAST UPDATE: February 25, 2019

These Terms of Service (“Terms” or the “Agreement”) is a legal Agreement, please read it carefully. By using my Service, using Content produced by my Service, or sending me Merchandise, you agree to these terms.

Sebamarca Photos is a Service (the “Service”), which primarily produces photographic products and related Content which may include photographs, graphics, video, audio recordings and artwork (collectively referred to as “Content”). Any product or items that You send me, whether the main product, accessories to it, or anything else, I will refer to as “Merchandise” in these Terms. My website, which can be accessed from photos.sebamarca.com will be referred to as the “Website”.

Sebamarca Photos is owned and operated by Sebastián Marcaccini Zalazar (“Sebamarca Photos”, “me” or “my”). By using my service, either individually or on behalf of an entity that is using my Service, you are “The Client” (or “you”) according to these Terms.

These Terms of Service, combined with the Privacy Policy govern the business relationship between You and Sebamarca Photos. If you have any questions or concerns about these Terms, please do not hesitate to contact me.

1. Eligibility

In order to use the Service, you must:

Be at least 18 years of age and capable of entering into legal contracts;
Submit a completed form in “Contact Form”;
Accept these Terms of Service, and;
Provide complete, true and current contact information.

2. Updates

I may update or make changes to these Terms by posting a Revised Terms of Service on my Website. The Revised Terms will be effective and enforceable immediately upon posting.

3. Communication

If I need to send you information about your account, your order, billing, your Merchandise, legal news, or anything else related to the Service I provide, I will send it to the email address you provided at the time of placing the order. I can also contact you by phone or mail, but it is not required. You should ensure that any email from Sebamarca Photos is added to your contact list to ensure delivery and that they are not rejected or deleted as spam.

4. Merchandise

You are responsible for the costs of shipping your Merchandise to and from my studio, plus any necessary insurance. Choose a shipping service with a reliable track record and shipping confirmation. If a shipment is lost, delayed or damaged while in transit to my studio, I am not responsible for such loss, damage or delay.

Prohibited items. Do not send me any Merchandise that contains narcotics of any kind, illegal drugs, controlled substances or any dangerous weapons, firearms, explosives, dangerous chemicals, obscene or pornographic materials or any merchandise that is illegal to possess in Spain or the European Community.
Shipment of the Merchandise. When sending Merchandise to my studio, please follow these instructions:
1. Packages should be prepared to ensure the protection of the Goods during shipment.
2. All packages should include your name, company name, address, email address, and phone number.
3. Shipments should be made to: Sebamarca Photos, Carrera de Capuchinos, 9 1º D Málaga, Málaga, 29013 or Sebamarca Photos, Husumvej 99, 1th Copenhagen, Denmark, 2700.
4. Return of shipments. If you specify return of merchandise when ordering services, I will return the merchandise to you upon completion of the project. You must provide a physical mailing address (sorry, no PO Box) for shipping. The cost of the return sent will be budgeted before the shipment. You can also pick up your products at my studio during business hours if you don’t want them shipped. All Merchandise returns are subject to our Limitation of Liability in the section below. Keep in mind that if the return must be made to countries outside of Spain, Denmark or the European Union, customs costs may arise at the time of receiving them.
Limitation of Liability for damage or loss of Merchandise. If your Merchandise is damaged or lost while in my possession, or during return shipment, I will, at my option, replace, or refund to you the value of your Merchandise up to a maximum of €500. For Merchandise valued at more than €500, you should take out at your own expense insurance to cover the loss of or damage to such Merchandise while it is in my possession or in transit to or from my studio. I am not responsible for loss or damage to Goods over €500, regardless of quantity.
Storage. Upon request, I will store your Merchandise at my facility free of charge for up to 30 days after project completion. After 30 days, You must agree with me to return the Merchandise, pick it up, donate it or discard it. If I am not able to obtain your preference, the Merchandise will be subject to my Abandonment Policy in the next section.
Donating or discarding. Occasionally, the value of some Goods may be less than the cost of return. If you do not want me to return the Merchandise upon completion of the project, please let me know and I will donate or discard the Merchandise. I am unable to offer compensation or credit for donated or discarded Merchandise. If you choose to donate or discard your Merchandise, I will select which person or organization will receive the Merchandise or if it is discarded rather than donated.
Abandonment. If your Goods are in my possession and I am not able to contact you even if you want the return shipment, I will consider that they have been abandoned after the specified period of time. If I try to contact you to obtain the return information or the payment of the same and 30 days pass without receiving them, I will send you an email advising you that your Merchandise is at risk of being donated or discarded. If another 30 days pass after that notice and I still do not have return shipping information or payment for the same, you agree that all title, interest or ownership of the Merchandise should be transferred to me and the Merchandise will be donated or discarded. at my option and You will not receive any compensation for the Goods.

5. Billing and Payment

Terms of payment. Payment is required to start working on your project. When payment is received, your project is added to my production schedule. For projects under €1000, full payment in advance is required. For projects larger than this amount, you have the option of sending 50% of the total as a deposit, and the rest within 10 days from the delivery of the low-resolution and watermarked images, which will be converted into high-resolution images. total and without watermark after receiving the payment. This section is void if the terms of an alternative payment are agreed to in writing by both parties.
No payment. If payment for my services is not received, I will take legal action to receive it. I will also exercise my copyright rights under the Digital Millennium Copyright Act to remove from the web page(s) any content that I have submitted to you and have not been paid for. I will also seek injunctive relief to prevent Non-Paid Content from being published, reproduced or displayed. Additionally, you could sue for copyright infringement damages if you post or use Content for which you have not remitted payment.

6. Refund Policy

Payments remitted to me are refundable under certain circumstances that are described below. No other refunds, returns or exchanges can be made except for the following:

Rush projects not completed on time. In case a rush order is not completed on time, I will refund the fee for project work. No other refunds will be made for rush orders shipped after the due date indicated on the invoice.
You can cancel the order within a certain time. If you have already sent the payment, you can cancel your order by sending an email to contact@sebamarca.com requesting the cancellation. Cancellation requests must be made within 24 hours of payment being sent. Refunds are not possible for projects canceled after 24 hours of payment. Due to time constraints, rush orders cannot be cancelled.
Refunds will be processed through the same payment method used. Credit card payments will be refunded to the same credit card used.

7. Prices

All the rates will be agreed before the work is done.

8. Taxes

You agree to be responsible for and pay any applicable sales, use, value-added or liability taxes or fees imposed by any jurisdiction resulting from work performed for you by me or in connection with any license we grant to you.

9. Production and creative process

Alterations and accuracy. As part of the creative process, You agree that You may make any alterations to the Content that You deem appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, removing dust, removing streaks, removing distortions, correcting defects, correcting inconsistencies or manufacturing errors, compositing multiple images, adding graphics, and other alterations. necessary. The Content is my artistic interpretation of the Merchandise that I photograph for You. I do not guarantee that the Content will be flawless or perfectly accurate to your Merchandise. It is your responsibility to ensure that the Content is appropriate for its required end use and does not misrepresent your Merchandise. I will not be liable for any claim by you or any third party that the Content is an inaccurate representation of the Merchandise.
Creative direction. As my client, you can choose to provide creative direction on any aspect of the project, including lighting, arrangements, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so that it can be noted on the invoice and/or any additions. You must ensure that this creative direction has been correctly noted on the invoice and any additions prior to payment. You are not required to provide direction on the creative aspects of your project. Any aspect of the project for which you have not provided specific creative direction will be left to my own judgment.
Invoice and any added details in every direction. I will complete your order as described on the invoice and any accompanying documents. The best interpretation of any direction, instruction, or idea that you send me, will be described in the invoice or in any attachment. It is very important that you read the invoice and any addon carefully to ensure that they accurately describe the work that you would have me perform. If the invoice is not accurate, do not submit the payment. Instead, contact me to make the necessary changes. By submitting payment for an invoice, you agree that the invoice correctly describes the work you have commissioned me to perform. In the case where any written or verbal communication is inconsistent with the written order on the invoice, the same and any additions will prevail.
Review period. Immediately after the project is complete, you will receive an email with a link and password to view and download the Content. I allow you 10 days to receive confirmation of Submitted Content. After 10 days, if I have not heard from you, your order will be closed and your Merchandise returned, donated or discarded, as requested and indicated on the invoice.
Edition and re-photographed. During the review period You may contact me to request changes to the Content such as re-photographing, editing, or additional photos. Upon request, I will retake or edit photos free of charge under the following circumstances:
- Work not completed as specified on the invoice and attached shot list. If I make a mistake and submit work that is not correct as specified on the invoice and attached shot list, I will retake the photos or edit the work, as required, to correct the error.
- You request that the images be edited. If you see something in the Content that you would like me to modify, I will be happy to perform one (1) round of editing, free of charge, to adjust details you require, such as color, tone, minor blemishes, and any other adjustments you may make. without taking the pictures again. Some change requests made during the review period may require additional fees.
- Additional photos. If you request additional photos that were not previously included in the invoice, I will inform you of the cost and request payment prior to the completion of the work.
- Rephotographed. If I have photographed images as described on the invoice but you would like to change them, such as different lighting, camera angle, setup, or anything else that requires redoing the photos, then I will quote an additional charge to cover the cost of redoing them. to photograph.

10. Delivery

After production is complete, the Content will be delivered via the Image Hosting Service. I will send you an email with a link and a password so that you can view and download all the work I have completed for you. The service and the website are contracted to external providers. Although I do my best to ensure the availability, stability and security of this service, I cannot guarantee it 100%. You understand that I am not responsible for losses associated with the availability, security or confidentiality of the Content delivered through these services. I recommend that you make backup copies of all Content for recovery in case of data loss. I am not obligated to save or archive the Content for You and if I offer the image storage service it should be considered only as an extra.

11. License and Permitted Use of Content

You may use the Content I provide in connection with your order, only after full payment has been made, for any use that does not violate this agreement. The rights granted here are subject to the uses prohibited in section 12. I hereby grant you the following rights:

a. Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no expiration date.

b. Exclusive use. You have the exclusive right to use the Content. This means that I will not license the Content to other parties. However, I will retain the right to use the Content for my own promotion and internal use.

c. World use. There are no geographic limitations on your use of the Content. You may use the Content Worldwide.

d. Unlimited use. Except as provided in section 14(b) below, you may use and disseminate the Content an unlimited number of times.

e. Derivative works. You may modify, tweak, combine, crop, annotate, or any other derivative work of editing and creating the Content. My Content within derivative works that You create maintains my copyrighted material and the terms and restrictions within this license also apply to those derivative works.

f. Permitted use includes but is not limited to: websites, online stores, online advertising, email, video, filming, television, print advertising, print catalogs, product packaging, billboards, computer programs, and mobile applications.

12. Prohibited Uses

a. Illegal use. You may not use the Content in any illegal manner. You may not use the Content in any way that is defamatory or to harm any person. The Content may not be used for pornographic purposes. You may not use the Content in any way that violates any trademark, intellectual property or any other party’s rights.

b. It cannot be used in a logo or brand. The Content may not be used as part of or incorporated into any logo or brand. Unless express consent.

13. Intellectual property right and transfer

a. Intellectual property right. All Content maintains the intellectual property right of Sebamarca Photos. No transfer of intellectual property rights is granted to any of my Content, except as expressly agreed in writing.

b. Transfer and Sublicense. You may not transfer or sublicense the Content to any third party, with the following exceptions:

Subcontractors. Your subcontractors may use the Content for the purpose of achieving their (their own) end use. Examples include but are not limited to: Your website designer using the content to publish on your website. Your printing company printing your catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose that does not facilitate their ultimate intended use.

Your employer or client. If you are ordering my services on behalf of your employer or client, then you may allow that entity to use the Content. If you allow your employer or client to use the Content, you certify that you have received permission from them to be bound by this Agreement in its entirety. If such permission is not granted to You, then they may not use the Content.

c. No copyright claims. You may not claim authorship of the Content. In any case where the author of the Content is specified, it must be attributed to “Copyright Sebamarca Photos”.

14. Third party intellectual property

a. Visible Intellectual Property on the Merchandise. In some cases, Merchandise submitted to me for photography, or accessories used in conjunction with the Merchandise, may contain trademarks, logos, or copyrighted designs that become visible in the final Content that I produce for You at your direction. By sending me Merchandise that contains visible intellectual property, You certify that You own or have received explicit permission from its owner to use any and all visible trademarks, logos, or copyrighted designs on all Merchandise that You have sent to me for photography. . By using the Content, You certify that the Content, and use of the Content, does not infringe the intellectual property rights of third parties. You understand that it is your sole responsibility to obtain the necessary permissions to use any and all trademarks, logos and copyrighted designs or other intellectual property visible within the Content.

b. Stock photography and designs. If third-party stock photography or designs are incorporated into Content I produce for You, I certify that such content has been paid for and/or licensed by me for use in the Content in accordance with the respective provider’s terms of service. When Content containing the aforementioned stock photos or designs are to be printed, the maximum number of copies must not exceed 500,000 copies. This restriction does not apply to electronic prints, such as on a website.

15. Models

I certify that I have obtained the appropriate release of any model appearing in the Content and that the Content will not infringe any moral rights, right of privacy or right of publicity of any model within the Content while the Content is used in accordance with sections 11 and 12 of this Agreement.

16. No warranty

The Content is provided, to the fullest extent permissible by law, “as is” without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. I do not warrant that the Content will meet your requirements or that the Content will be free of errors.

17. Web site

Access and use of the content. Unless otherwise noted, all material on the Website including text, images, logos, icons, photographs, and any other material written or otherwise a part of the Website (collectively, the “Content”) is copyrighted. property of Sebamarca Photos, one of its affiliates, or by third parties who have authorized their materials for use on our website and are protected by Spanish and international copyright laws. These laws also protect the content agreements of this Web site and the method of presentation of those materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or in part, any of the Website Content or any related material, except as we grant you non-transferable, non-exclusive and limited permission to access the Content and display this Website on your computer or device. This permission is under the condition that you do not modify the Content of this Website, that you keep intact any copyright or trademark and that you accept the terms, conditions and licenses that accompany any Content within this Website.
Website Security. Users are totally prohibited from violating or attempting to violate the security of this Website, including but not limited to:
1. Unauthorized access. Access to unpublished data for users or by logging into any server or account that the user is not authorized to access.
2. Search for vulnerabilities. Attempting to find or test vulnerabilities on the Website or any system or network associated with the operation of photos.sebamarca.com.
3. Interference. Attempt to interfere, without limitation, with the service between the Website and the user, with the secure operation of the Website, or with the stability of the Website, through sending viruses, data overload, flooding, spamming “, “mail bombing” or “crashing” the Website.
4. Spamming. Sending unsolicited emails, including promotions and/or advertising of products or services.
Accuracy. I make every effort to ensure the accuracy of the information contained on this Website. However, I am not responsible for typographical errors, pricing errors, omissions, or mistakes that may be present in the content of this Website. If you find an error on my Website, please contact me so I can fix it.
Linked Websites. This Website contains links to third party websites. I do not accept responsibility for any such links and I do not endorse or monitor them for content. I will not be responsible for any damage or loss caused through the use of those linked websites or their services.
Internet transmission problems and viruses. Due to transmission problems or technical difficulties with the Internet or this Website, you may receive incomplete, erroneous or out-of-date copies of information from this Website. it is also possible by computer viruses or malicious programs that affect this Website or may be inadvertently downloaded from this Website. I will not be held responsible for erroneous or incomplete information delivered to you as a result of any transmission or technical problem. I am not responsible for any damage caused by malicious programs or viruses downloaded in connection with the use of this Website. I recommend that you use commercially available antivirus programs to help protect against this type of attack.

18. Denial of service

If I feel your project is not a good fit, I reserve the right to deny service and reject the project.

19. Compensation

You agree to indemnify and hold us and our employees, officers and owners, harmless from any loss, including all attorneys’ fees, that may result from any claim that is barred by these Terms due to any Limitation of Liability or other provision . You agree to indemnify, defend, and hold us harmless against any loss, including attorneys’ fees, that results from third-party claims that you did something that, if true, would be in violation of any of these Terms.

20. Limitation of Liability

You assume full responsibility for any loss resulting from your use of our Service or Content to the fullest extent permitted by law. We and our employees, officers and owners are not liable for any indirect, special, punitive or consequential damages under any circumstances, including delay, even if based on negligence or if we have been informed of the possibility of such damages.

21. Divisibility

If any of these Terms is found to be unenforceable for any reason, that provision will be modified only to the extent necessary to make the provision enforceable and all other Terms will remain in full force and effect. If we choose not to act on a breach of these Terms for any reason, it does not constitute a waiver of our rights with respect to such breach or any subsequent breach of these Terms.

22. Legal costs

In the event of litigation, the prevailing party shall be entitled to collect from the other party reasonable and necessary out-of-pocket costs and attorneys’ fees incurred to enforce this Agreement.

21. Equitable relief

If you violate these Terms, we may seek injunctive relief from the courts or other equitable relief.

22. Assignment

You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or person at our discretion.

23. Governing law

These Terms shall be governed by and construed in accordance with Andalusian law, as such law applies to agreements between Andalusian residents that have been entered into and are performed within Andalusia and do not affect any Andalusian law relating to conflicts of laws. Any action or proceeding arising out of these Terms or your use of our Service or Content must be brought in the state and federal courts of the Province of Malaga, Andalusia.

24. Full agreement

These Terms of Service constitute the entire Agreement and supersede all prior agreements, understandings, and representations.

Contacting Us

If you have any questions about this Agreement, our website, or any of our services, please direct these inquiries to:

Sebamarca Photos
Carrera de Capuchinos 9, 1º D
Málaga, Málaga
29013

Email: contact@sebamarca.com