These Terms of Service (“Terms,” or the “Agreement”) constitute a binding legal agreement between you, the Client, and Top Captures LLC (“Top Captures,” “we,” or “us”). Please read these Terms carefully before using our Service, accessing or using any Content produced by our Service, or delivering any Merchandise to Top Captures. By engaging with our Service in any manner, including providing Merchandise, you acknowledge and agree to be bound by these Terms.
Top Captures provides professional creative services, including product photography, videography, graphics, audio recordings, post-production editing, advertising design, and other related artistic deliverables (collectively referred to as “Content”). Any products or items that you send us, whether as the primary subject, supporting prop, or otherwise, are referred to as Merchandise. Our Website, which can be accessed at www.TopCaptures.com, is referred to as the “Website.”
Top Captures is owned and operated by Top Captures, a California Limited Liability Corporation. By using our Service, whether as an individual or on behalf of an entity, you are a Client or “you” according to these Terms. These Terms, together with our Privacy Policy, govern the business relationship between you and Top Captures.
Top Captures provides creative services as outlined in each Order, including but not limited to product photography, videography, graphics, audio, post-production, and related services. Each Order specifies the scope of Services, timeline, and fees. Services not explicitly included in the Order require additional written agreement.
To use our Service, you must:
Be at least 18 years old.
Legally be able to enter into a binding contract.
Provide accurate, complete, and current contact information.By using our Service, you represent and warrant that you meet these eligibility requirements.
Clients agree to provide complete, accurate, and timely information necessary for Top Captures to perform Services. This includes Merchandise, brand guidelines, design assets, approvals, and feedback. Communications may occur via email, phone, text, or video. Delays or failure to provide required information may result in delays or additional charges.
Shipping and Insurance: Clients are responsible for shipping Merchandise to Top Captures, including all shipping costs and insurance. Merchandise must be securely packaged. Top Captures is not responsible for loss or damage during transit.
Shipping Merchandise to Our Studio: When sending Merchandise to our studio, please adhere to the following instructions:
Ensure all packages are securely packed to protect the Merchandise during transit.
Include your full name, company name, address, email, and phone number on the package.
Include the project reference number provided to you after submitting a “Start Your Order” form.
Ship all packages to the following address: Top Captures LLC, 119 E Alton Ave #E, Santa Ana, CA 92707
Prohibited Items: Narcotics, illegal substances, firearms, explosives, dangerous chemicals, obscene or pornographic materials, or any item illegal under U.S. or California law.
Return Shipping: If requested, Merchandise will be returned after project completion. Clients must provide a physical U.S. address. Return shipping costs will be quoted in advance.
Limitation of Liability: Liability for lost or damaged Merchandise is limited to $500 USD per project. Merchandise exceeding this value should be insured by the Client.
Storage: Top Captures may store Merchandise free of charge for up to 30 days after project completion. After 30 days, Merchandise must be returned, picked up, donated, or discarded.
Abandonment: If Top Captures cannot reach the Client regarding return of Merchandise, it will be considered abandoned after the specified period, and ownership transfers to Top Captures.
Rates: Fees for Services will be set forth in the Order. Any Services requested by the Client that are not expressly included in the Order will be subject to additional fees at the then-current rate charged by Top Captures.
Payment Schedule: Unless otherwise stated in writing, a non-refundable deposit equal to 5% of the total project fee is required to secure the booking. The remaining balance must be paid in full upon delivery of the final Content. No Content will be released to the Client until payment has been received in full.
Late Payments: Payments not received by the specified due date will accrue interest at the rate of 5% per month or the maximum rate allowed by law, whichever is lower. The Client is responsible for all costs of collection, including attorney’s fees and court costs, in the event of non-payment.
Cancellations by Client. If the Client cancels the Services after work has commenced, the Client will remain responsible for all fees incurred for Services performed and expenses paid up to the date of cancellation. Deposits are non-refundable under any circumstances.
Refunds. Refunds will not be granted after Services have commenced except in cases where Top Captures, in its sole discretion, determines that a refund is appropriate. Refunds will not be provided for dissatisfaction arising from subjective preferences such as style, creative choices, or artistic interpretation.
Top Captures may make adjustments to Content including color correction, retouching, compositing, or editing. Clients may provide creative direction, which must be documented in the Order. Top Captures is not responsible for subjective claims regarding accuracy or interpretation.
Review Period: Clients have ten (10) days to review Content and request changes.
Reshoots and Edits: One round of edits or reshoots is included free of charge if original Content does not conform to the Order. Additional changes outside original scope may incur fees.
Content is delivered via secure electronic platforms. Clients are responsible for backups. Top Captures is not liable for loss, unauthorized access, or technical failures affecting delivery
Upon full payment, Clients are granted a perpetual, exclusive, worldwide, and unlimited license to use Content for purposes described in the Order. Clients may modify, retouch, crop, or create derivative works. Content may not be used in logos or trademarks.
Top Captures retains all copyrights and ownership of Content. Clients may not claim authorship. Subcontractors may use Content solely to facilitate the intended use. Rights transfer automatically to a new entity in case of company sale if licensed.
Clients certify they own or have permission to use any third-party IP visible in Merchandise or props. Top Captures is not responsible for unauthorized use. Stock photography and artwork licenses limit print copies to 500,000, but not electronic display.
Top Captures obtains necessary model releases. Content usage complies with moral, privacy, and publicity rights if used according to these Terms.
Content is provided “as-is.” Top Captures makes no warranties of merchantability, fitness for purpose, or error-free performance.
Content on the Website is protected by copyright. Users may not reproduce, distribute, or modify content. Security violations, unauthorized access, or interference are prohibited. Top Captures is not liable for typographical errors, linked websites, or internet transmission issues.
Top Captures reserves the right to refuse or terminate Services at our discretion.
Clients agree to indemnify and hold harmless Top Captures, its officers, employees, and agents against any claims, losses, or damages arising from Client breach of these Terms or prohibited use of Content.
Top Captures shall not be liable for indirect, special, or consequential damages. Total liability shall not exceed the fees paid for Services or $500, whichever is less.
These Terms are governed by California law. Any dispute shall be resolved exclusively in state or federal courts located in Orange County, California. Parties submit to personal jurisdiction in these courts.
Top Captures may seek injunctive or equitable relief to enforce compliance with these Terms.
Clients may not assign rights under these Terms. Top Captures may assign rights at our discretion.
If any provision is unenforceable, it will be modified to make it enforceable. All other provisions remain in effect.
The prevailing party in litigation is entitled to recover reasonable attorney fees and costs.
These Terms, together with any applicable Orders and the Privacy Policy, constitute the entire agreement between the Client and Top Captures, superseding prior agreements or understandings.