SMMProduction Terms & Conditions
General Welcome to SMMProduction (www.smmproduction.com). These Terms & Conditions govern your use of our website and services. By accessing or using our website, you agree to these terms. We reserve the right to update these terms at any time. Please check this page regularly for updates.
Privacy Policy Our Privacy Policy explains how we collect, use, and protect your information. You can find it at www.smmproduction.com/privacy-policy/. By using our website, you consent to the practices described in our Privacy Policy and warrant that all information provided by you is accurate.
Prohibited Activities You agree not to:
Use our website for illegal or harmful purposes.
Transmit any viruses, malware, or other harmful content.
Interfere with our website's functionality or security.
Violate the intellectual property rights of others.
Send unsolicited advertising or promotional materials (spam).
Impersonate another person or entity.
Intellectual Property All content on our website, including images, videos, and text, is owned by SMMProduction or its licensors. You are only permitted to use this content for your personal, non-commercial use. You may not reproduce, modify, distribute, or commercially exploit any of our content without our prior written permission.
Terms of Sale
Orders: By placing an order, you agree to purchase a product or service subject to these Terms & Conditions. All orders are subject to availability.
Eligibility: To contract with SMMProduction, you must be at least 18 years old and possess a valid credit or debit card.
Acceptance: We will confirm receipt of your order. A contract is formed when we send you a confirmation email that your goods have been dispatched.
Pricing and Availability: While we strive for accuracy, errors may occur in pricing or descriptions. If we discover an error, we will contact you to reconfirm your order or cancel it.
Delivery Costs: Delivery costs are additional and are clearly displayed during checkout.
Payment: Upon receiving your order, we will authorize your payment card. The funds will be debited upon authorization. This serves as a deposit against the value of your purchase. Once the goods are shipped, the deposit will be used as payment for the goods listed in the confirmation email.
Service Agreements For photography and videography services, a separate Service Agreement will be provided outlining the specific details of your project, including:
Scope of work (e.g., number of hours, locations, deliverables).
Fees and payment schedule.
Scheduling and rescheduling policies.
Copyright and usage rights for images and videos.
Client and photographer responsibilities.
Dispute resolution procedures.
Image Usage & Copyright
Client Rights: Unless otherwise specified in the Service Agreement, you retain the copyright to all images and videos created by SMMProduction.
SMMProduction Usage: We reserve the right to use a limited selection of images and videos from your session for our marketing and promotional purposes (e.g., website, social media, portfolio). This usage will always be credited to you.
Non-Commercial Use: You grant us a non-exclusive, worldwide, royalty-free license to use the images and videos for promotional purposes.
Opt-Out: If you do not wish for us to use your images, you can opt-out by indicating it in writing before the photoshoot.
Disclaimer of Liability We strive to ensure accuracy of information on our website, but we make no warranties or guarantees about its completeness or accuracy. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We will not be liable for any damages arising from your use of our website or services, including any direct, indirect, incidental, consequential, or punitive damages. This does not affect our liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.
Linking to Our Website You may link to our homepage, provided you do so in a fair and legal manner that does not damage our reputation. You may not establish a link in a way that suggests any form of association with us without our written consent. You may not frame our website or link to any page other than our homepage. We reserve the right to withdraw linking permission at any time.
Trademarks and Third-Party Content Unless otherwise stated, all trademarks, brand names, and content on our website are owned by their respective owners. We do not endorse or affiliate with any products or services shown on our website unless explicitly stated.
Indemnification You agree to indemnify and hold harmless SMMProduction, its officers, directors, employees, and agents from any and all third-party claims, liability, damages, and costs arising from your use of our website or violation of these Terms & Conditions.
Variation We reserve the right to modify these Terms & Conditions at any time without prior notice. Your continued use of our website after any changes are made constitutes your acceptance of those changes.
Severability If any part of these Terms & Conditions is held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining provisions will remain in full force and effect.
Governing Law and Jurisdiction These Terms & Conditions will be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding arising from or relating to these Terms & Conditions will be brought exclusively in the courts of Alameda County, California.
Contact Us If you have any questions about these Terms & Conditions, please contact us at roy@smmproduction.com. This document was last updated on May 23rd, 2024