Terms and Conditions
LV BRANDING Terms And Conditions
1. Definitions Of Terms
a. By placing an order through this website, you (sometimes referred to herein as “Client or Customer”) are agreeing to commission Products on White or Color Background Photography to create and deliver photography services and images to you, and you agree to be bound by the following terms and conditions (“Terms of Service”). The services offered by LV BRANDING under the Terms of Service include various photography services ( “Services”) and Images, which means all viewable renditions furnished by LV BRANDING hereunder, whether captured or stored in photographic magnetic, optical or any other medium whatsoever.
b. LV BRANDING reserves the right to update and change the Terms of Service by posting updates and changes to the LV BRANDING website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
c. By placing your order with LV BRANDING, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including LV BRANDING’s General Shooting Direction Policy at https://www.lvbranding.com/howtoprovideshootingdirection.
d. For purposes of these terms, “Objective Shooting Criteria” means camera position, product position, the number of items per shot, shot distance, product rotation, and camera height.
2. Ordering Photos
a. For all orders, payment is due in full when the order is placed and must be made through the LV BRANDING website.
Over Payment For Larger Discounts
b. Pre-payment constitutes a retainer for services. You may order more now to get a more considerable discount and send products later. See refund details below in section "k" Refund Policy.
Order Is Too Small
c. If LV BRANDING received more products to photograph than the number of images ordered, LV BRANDING may, at its option, elect to:
i. Photograph all provided products, contact Customer and informed it of the discrepancy and request additional payment, or
ii. Place the order “On Hold” until such time as the Customer instructs which products should be shot and which should not be shot so that the total images do not exceed the number ordered.
iii. If LV BRANDING elects to shoot all products, the Customer will be informed of such a decision, and LV BRANDING will provide all images with a watermark until the balance due for the additional photos has been paid.
3. Refund Policy
d. Clients can request a refund only before the photos have been sent. However, refunds will be processed only be refunded if are requested within the first 30 days of placing the order.
e. A refund of up to 70% will be issued -as a maximum amount of the amount paid-. A rate of 30% or more may be deducted from the amount paid for processing and administrative fees.
f. All refunds are issued in the original form of payment and are subject to the processing times and/or fees of the appropriate external financial institution.
g. After 30 days, balances (under the premise described above) cannot be refunded but will remain as credit for future orders, up to 90 days.
h. After these 90 days, the credited amount will be without effect.
i. Refunds and credits cannot be transferred to third parties.
j. Discounts are given based on the volume that is ordered. In the event of a partial refund and the original volume is 50 photos or below, the per photo price will change to reflect the new pricing as outlined on the pricing page.
k. For example, if an order is placed for 50 Standard Product Photography photos at the bulk discounted rate of $29.99 per photo and there is a refund for 25 photos, the new price would be 39.99 per photo, and the refund would reflect this new volume pricing, not the original volume.
l. All refunds are final and will only be provided at the end of the order.
____Image Approval / Disapproval Policy
a. Customer will be given an opportunity to approve or disapprove images at the conclusion of the photoshoot and only after all images are posted for Customer download by responding to an LV BRANDING: (email indicating that shooting has been completed (the “Approval Email(s)”).
b. Failure to respond for any reason within 30 days to the “Request For Approval Emails” will result in those images being automatically approved.
c. Once an image is approved by the customer, no future refunds can be issued, or complementary redos, retouching, or changes are allowed. In the event Customer disapproves of an image, the following requirements must be satisfied:
i. Disapproval must be expressly made to LV BRANDING in writing specifying the objective reasons for disapproval. Because photography is a visual medium, it is advised to use visual mark-ups as described in the following article.
ii. If Customer has complied with the LV BRANDING General Direction Shooting Policy, and LV BRANDING has failed to substantially match the Objective Shooting Criteria under the instruction given by Customer -and Customer provided Materials (which include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference URLs)- LV BRANDING will photograph or retouch the disapproved images up to two times free.
iii. If Customer has not complied with the LV BRANDING General Direction Shooting Policy or has otherwise left image composition up to the discretion of LV BRANDING, then Customer will not be entitled to a refund or reshoot, and any refunds or reshoots will be offered in LV BRANDING’s sole and absolute discretion.
d. If the Customer requests a reshoot or Redo because of their dissatisfaction with lighting elements of an image, then LV BRANDING will attempt to fix the image using retouching at no additional cost and under the "Shooting Direction Policy." See Our Reshoot Policy for more information and helpful tips.
e. If LV BRANDING has reshot or retouched an image twice and the Customer still disapproves of the image and the image still fails to meet the Objective Criteria of the Materials provided by Customer, then LV BRANDING will work with the Customer to find a mutually acceptable remedy, which may include a complete refund of the purchase price.
f. If the image cannot be sufficiently corrected to Customer's satisfaction using retouching, then the lead photographer will, at his or her sole option, have the choice to reshoot the image complementary or charge the Customer for the cost of a new photo.
g. The use, display, or other dissemination of any image created by LV BRANDING shall constitute Customer's acceptance and satisfaction of the image(s) at which time the Customer shall be entitled to no further remedy for dissatisfaction with the provided image(s).
h. LV BRANDING expressly retains all copyright and other intellectual property rights to all disapproved and refunded images. Any use, display, or further dissemination of disapproved or refunded images by the Customer is strictly prohibited.
i. Once an order is refunded, then that part of the order is closed, and no further adjustments or changes can be made.
____Shooting Direction Policy
5. Shooting Direction
a. Our view of shooting direction can be summed by like this:
i. If you show us how to shoot your product and don't do it that way, we'll redo it complimentary.
ii. If you don't tell us how to photograph your product and waive the right to direct, then reshoots based on the positioning are not complementary.
If you don’t tell us how to photograph it, then we won’t know how to photograph it.
b. Direction of how the purchased images are to be photographed must be expressly specified in writing. Written directions may be provided in a separate email following the confirmation email prompts after purchasing the services.
Since photography is visual, the written shooting direction is usually not clear. Therefore, it is advised that match images be taken for product position, angle & lighting be provided and added to the spreadsheet provided in the General Shooting Direction Guide.
c. Verbal direction given will not constitute shooting direction.
d. Client may waive the right to shooting direction in writing and allow the photographers to decide how to photograph the items. The client will not receive complimentary redos or reshoots on these photos.
e. Unless the Client waives the right to shot direction, Clients are required to submit Materials sufficient to provide LV BRANDING with clear direction and instruction on how images should be shot. Such Materials include but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference URLs.
f. If sufficient direction is not provided, then an order will be placed on hold, as discussed in the section “Turn-Around Times & Delays.”
g. It is uncommon for customers to provide lighting direction. If the Client does not provide a lighting match image, then LV BRANDING will default to using Even Lighting.
h. Policies regarding disapproval because of lighting are covered in Section D. “Image Approval/Disapproval Policy.”
6. Elements of Chance and The Spirit of the Match Image
a. Elements of chance are items where exact direction cannot be followed because they are unpredictable and can never be reproduced the same way.
For example, The customer provides a matching image of a blue powder spread out on a surface in a certain manner. We will try to match the general look of the powder when we shoot it on our set. However, matching the powder grain for grain would be impossible. This is considered an "element of chance" because the powder is unpredictable, and the exact position can never be matched exactly.
b. Elements of chance do not qualify for reshoots if the matched image's general spirit is reflected.
c. Elements of chance apply to but are not limited to the following situations:
i. Hand photos
ii. Cosmetic smears
iii. Large complex groups
iv. Oils and spills
____Product Quality and Resulting Image
7. Product Quality
a. To ensure LV BRANDING is able to produce the highest possible quality image, the Customer agrees that all products provided for shooting will be in substantially similar condition as those appearing in the Customer-provided Materials. This includes but is not limited to color, size, label position and content, packaging, etc.
b. LV BRANDING is not responsible for any damage or loss to products provided by Customer to LV BRANDING for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of LV BRANDING.
c. Customer agrees that LV BRANDING will photograph the item in the condition in which it arrives at the LV BRANDING studio. If the product arrives at the LV BRANDING studio in a condition that does not materially match that which is evidenced in the Customer-provided Materials, LV BRANDING will use reasonable efforts to contact the Customer and request a new sample product more closely matching that appearing in the Materials. However, LV BRANDING is not liable for photographing the product as received. Any Customer disapproval will be subject to the LV BRANDING Refund, Revision, Image Approval/Disapproval Policy.
d. In the event a provided product contains minor flaws (i.e., minor discoloration, dings, dents, scuffs, etc.) LV BRANDING may, at its option, retouch the images at no additional cost to the Customer. However, it is under no obligation to do so.
e. Props are defined as items other than the product to enhance the photo. With the exception of props that are listed on the Photograph With Props page.
f. Customer must provide all props for the photograph. Clear direction is required as described in the “LV BRANDING General Direction Shooting Policy.”
____Pre-Approval Images & Art Direction
8. Prohibited Services
a. On-set Art Direction is prohibited. Art Direction is defined as the client or representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot and any client interaction, which will otherwise hinder LV BRANDING’s ability to perform the services effectively.
b. LV BRANDING will not photograph different versions and let the customer pick which ones they want. The number of photos & direction must be specified at the time of ordering.
9. Pre-Approval Images
i. Pre-Approval images are images that are taken of the product following the direction provided by the Customer and provided in advance of photographing the rest of the order.
ii. Pre-Approval images are generally not created because of the time it takes to make them, and once created, the set must be held in stasis while awaiting a response from the Customer to approve of the image. This prevents other orders from being photographed on that set while waiting and lowering the productivity of thus not allowed.
iii. In the event that a Pre-Approval image is provided, it supersedes the direction provided by the Customer. Subjective aspects of the Pre-Approval image, including but not limited to overall lighting quality and highlight position, will determine how other similar products will be photographed.
iv. If Customer requests a reshoot or re-retouching of an aspect of an image that was created using the Pre-Approval Image as a guide, Customer will incur additional charges at the then-existing standard LV BRANDING rate for a reshoot or at a prorated rate of $80 per hour for re-retouching.
____Turn Around Time & Delays
10. Turn-Around Times
a. Turn-around times begin at the time indicated on the timestamp of the email LV BRANDING sends Customer indicating that the Customer provided products have been checked in to the LV BRANDING ordering system.
b. LV BRANDING is closed Saturdays, Sundays, and standard holidays. Closed days do not count towards the turn-around time because we are not open.
c. LV BRANDING offers three turn-around times:
i. Standard | 7 Business Days Or Less
Our standard turn-around time is 7 business days.
ii. Rush | 3 Business Days Or Less
+$20 per photo | Our 3 Day Rush turn-around time is 3 business days
iii. Rush | 24-hour Turn-Around | * Call Before
+$60 per photo | Our 24 Hour Rush turn-around time is 24 hours and subject to availability.
Please confirm before submitting your order. 24 hour turn-around time is not available on days before LV BRANDING is closed.
Products must arrive before 11 am for 24-hour delivery.
11. Late Orders
a. If the initial image delivery (not redos) is delayed due to LV BRANDING’s negligence, the Customer may request a refund on the per image photography fee of five percent (5%) for every 24 hours the image(s) has been delayed.
b. If the order is a 3-day rush, the rush fee will be refunded at $5 + 5% of the per-image photography fee for every 24 hours past the delivery date for the first 4 days and 5% every day after.
12. Redo Orders Turn-Around Times
a. Turnaround time on a change/redo order request is 5 business days from the time the request is received.
13. Hold Orders
a. An order that is placed "On Hold" is an order that is stopped for various reasons and is awaiting Customer action.
b. LV BRANDING will send the Customer an email notifying them that an order is On Hold. Turnaround time will stop while an order is On Hold.
c. After sufficient Customer response to remedy the Hold's issue, the Hold will be released.
d. On Hold orders that are subsequently released may incur additional turnaround delays up to two business days.
e. Orders may be placed On Hold for the following reasons:
i. No shooting direction has been provided.
ii. Not enough shot direction has been provided to proceed with shooting.
iii. Missing products or props.
iv. LV BRANDING is awaiting a Customer reply regarding pre-approval images.
v. Any other reason which may hinder LV BRANDING's ability to shoot the product.
f. LV BRANDING is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, pandemics, communications or computer (software and hardware) services.
g. For additional information on turnaround times, please see: https://www.lvbranding.com/turn-around-times
____Image Ownership And Usage & Copyright
14. Copyright Licensing Agreement
a. Copyright can be a somewhat confusing and touchy subject. Here’s how we handle it at LV BRANDING:
i. We retain all ownership rights and copyright of all images that we create of your product, as is common in the photography industry.
ii. Included in the purchase price of your Order is an extended license to your images. Expressly, we grant you a worldwide, royalty-free, perpetual license to use and display your purchased images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.
iii. You agree that you may not re-license or sell ownership of the images to anyone else. This includes reselling the images or placing them in stock for a profit, and it is a violation of the copyright agreement. You may, however, allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products. If you are a wholesaler, then you may allow your retailers to use the photos.
15. Copyright Transfer
a. In the event the above-described license is insufficient for your purposes (for example, if you intend to sell the copyright) and you feel that you still need complete copyright ownership of your images, then you may purchase the copyright from us for an additional $20.00 per image. In the event you are buying the copyright from us, we retain a perpetual, royalty-free worldwide license to the images. However, if you are concerned about us sharing the images without your consent, we are more than happy to agree not to share them on our website or with anyone else without your approval.
b. Copyright transfer agreements will be created by LV BRANDING at the end of the order as they require a contact sheet of the images being transferred.
c. LV BRANDING is not responsible for pursuing copyright violations of the images of your products. You agree that if you determine, a third party is using, displaying, or disseminating your images without your consent that you are responsible for enforcing your rights and pursuing an action for any copyright violations.
d. LV BRANDING understands that your business is unique. However, your products may not be. To that end, you understand that LV BRANDING may photograph similar products for your competitors if they order images from us. We will never reuse your images for these purposes. We will reshoot the products as instructed by those parties, regardless of whether the direction results in images substantially similar to yours.
e. You agree that LV BRANDING may use all images for its own promotional and marketing purposes, including all social media posts, unless you have expressly prohibited us from doing so in writing.
____Image Sizing & Resolution
16. Image File Type Delivery
a. Customer selects the image delivery type on the Order page. For additional information on image types LV BRANDING offers, please visit: File Types We Deliver
b. LV BRANDING will not be held responsible for resizing or reformatting images to fit your specific uses, so it is essential to select the appropriate image type when placing an order. Generally, images are delivered in large format to enable the Customer to use them for most standard purposes (for example, on a website, in a catalog, printed in a magazine, etc.)
c. Please note that LV BRANDING does not deliver layered PSD files. The .tif format carries all the same properties of a PSD file but at smaller file size. LV BRANDING uses advanced retouching techniques, and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.
d. LV BRANDING also will not deliver raw files. Raw images are the first step of a multi-step creation process and remain the sole property of LV BRANDING. LV BRANDING uses advanced retouching methods far beyond a single capture image, often blending multiple raw files with many-layered photoshop elements to achieve the final image which will be delivered to you.
17. Image Retouching
a. Basic Retouching Included In Base Price:
i. Remove the background, so it is white around the outside of the product.
ii. Removing dust and basic scratches on the products.
iii. Enhancing the natural color & contrast of the product.
iv. Fixing a small dent in a box.
b. Advanced Retouching (Not Included In The Base Price).
i. Retouching product into a different background or environment.
ii. Photographing a blank product and adding a fake label.
iii. Fixing a big scratch that goes through text where we have to recreate the text.
iv. Changing the product's color to something that it's not but isolated to specific areas.
v. Re-creating a box that has been crushed in shipment.
vi. Copying one element from one photo into another. Like photographing one lid and copying it into a different product without a lid.
vii. Retouching product into a different background or environment.
viii. Creating or manufacturing parts of a product that does not exist.
c. Advanced Retouching is billed at $20 per 15 min.
18. Image Storage
a. Images will be delivered from our Cloud.
b. LV BRANDING will storage the images for at least 60 days after completion, after which the images may be taken down. The Customer agrees that it is solely responsible for the storage and management of all images after 60 days.
____Products Shipped To Us
19. Products Shipped To Us
a. After placing an Order, the Customer is responsible for arranging shipment of the products to be photographed to LV BRANDING at:
Order # (insert your order number)
1755 Crescent Plaza Dr.
Houston, TX 77077
b. Do not send us or drop off a product before an order is placed. LV BRANDING sends and receives many packages daily, and if a shipment arrives without an order number on it, then we have no way of tracking it in our inventory system. LV BRANDING is not responsible for lost products or delays due to a Customer’s failure to comply with this policy.
c. All costs associated with shipping products to LV BRANDING are the sole responsibility of the Customer. The customer bears the risk of damage or loss until the products are delivered to LV BRANDING’s address set forth above and accepted by LV BRANDING.
d. LV BRANDING is not responsible or liable for any damage or loss that occurs to the products during shipping. Customer warrants that the products are adequately insured against damage or loss and agree to hold LV BRANDING harmless for any such damage or loss occurring during shipment to LV BRANDING.
19. Return Shipping Products
a. Shipping costs must be prepaid by the Customer.
b. Choosing Delivery Method:
i. Select the "I have my Paid Return Label" option if you are outside the Houston Area –within Zip Code 77077–and have a paid return label.
ii. Select the "Houston Area" option if you are inside the Houston Area –within Zip Code 77077– and want to receive our complimentary transportation. (For standard size products. Up to 50 products).
iii. Select the "Local Pickup" option if you want to pick up your products in person.
iv. Once we have received your package, we’ll confirm that everything has arrived & your turnaround time will begin.
v. If a customer does not provide a Paid Return Label for the return shipping, then we will send an email requesting payment of the cost of return shipping or a shipping account number to cover these costs. We will decide the return shipping method, typically USPS Priority Mail. No overnight, couriers, or pallets. So if you need it back quickly or in a special manner, you may want to provide a return shipping label or account number.
c. No additional insurance beyond what the shipping company offers as standard will be added.
d. Failure to respond to the Approval Emails within 30 days will result in the Customer products being removed from LV BRANDING inventory and disposed of, and the products will not be returned.
e. The customer agrees that LV BRANDING is not liable for the disposal of products according to this policy. The customer is solely responsible for sufficiently ensuring all products during shipping.
____Lost, Damaged, or Stolen Products
20. Lost, Damaged, or Stolen Products
a. Once the products arrive at the LV BRANDING studio, they will be checked for damage, which, if present, will be reported to the Customer within 24 hours.
b. Once received by LV BRANDING and checked into its system, LV BRANDING will assume possession of the products. If an item is lost, damaged, or stolen while in possession of LV BRANDING, then LV BRANDING will reimburse the Customer for such damage or loss up for the repair cost or replacement cost of the damaged or lost product up to a maximum amount of $5,000 per customer.
c. For damaged or lost products deemed irreplaceable by LV BRANDING, in its sole and absolute discretion, the Customer will be reimbursed the repair or replacement cost for the product(s), as reasonably determined by LV BRANDING. Repair or replacement amounts will be distributed to the Customer within 30 days of LV BRANDING’s receipt of such amounts from its insurance carrier.
d. LV BRANDING is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
a. Customer may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of LV BRANDING. Customer, Customer's principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless outlined in writing and signed by the parties.
b. The parties agree to use their best efforts to resolve any dispute between them related to the obligations outlined in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute, any unresolved disputes shall, at LV BRANDING's option, be finally settled in accordance with an arbitration proceeding. Arbitration proceedings shall be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules"). The arbitration panel shall consist of one arbitrator. The Members shall select one neutral third party AAA arbitrator (the "Arbitrator") with expertise in the area that is in dispute. Suppose an Arbitrator has not been selected within five (5) business days after that. In that case, an Arbitrator shall be selected by the AAA in accordance with the Commercial Arbitration Rules of the AAA. The arbitration proceeding shall be held in Harris County, Texas. The arbitrator shall promptly conduct proceedings to resolve the dispute in question pursuant to the then-existing Rules. In any final award and/or order, the arbitrator, shall apportion all the costs (other than attorney's fees that shall be borne by the party incurring such fees) incurred in conducting the arbitration according to what the arbitrator deems just and equitable under the circumstances. Any action or proceeding subsequent to any Award rendered by the arbitrator, including, but not limited to, any action to confirm, vacate, modify, challenge or enforce the arbitrator's decision or award shall be filed in a court of competent jurisdiction in the same county where the arbitration was conducted. Texas law shall apply in any such subsequent action or proceedings. Alternatively, LV BRANDING may, in its sole option, seek relief through the state or federal courts located in Houston, Texas.
22. General Conditions
a. These Terms of Service shall be governed by and interpreted in accordance with the laws of the state of Texas, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the state of Texas or federal courts located in Houston, Texas, with respect to any dispute or claim arising out of or in connection with the Terms of Service.
b. You acknowledge and agree that LV BRANDING may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on LV BRANDING’s website, available at https://www.lvbranding.com/terms-and-conditions and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the services after the amended Terms of Service are posted to LV BRANDING’s website constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the service or place any orders with LV BRANDING.
c. You may not use the LV BRANDING website for any illegal or unauthorized purpose, nor may you, in the use of the website. You will comply with all applicable laws, rules, and regulations in your use of the LV BRANDING website. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website.
d. You understand that personal identification information, which may include your name, business name, contact information, and other information you may provide to LV BRANDING (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
____ Limitation of Liability
23. Limitations Of Liability
a. You expressly understand and agree that LV BRANDING shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the LV BRANDING services or any purchased images.
b. In no event shall LV BRANDING be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our images, our services, or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, partners, officers, directors, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law or the rights of a third party or your use of any images purchased from LV BRANDING.
c. Your use of the website and placement of an Order is at your sole risk. Except for the limited warranties set forth herein, services and images are provided on an “as is” and “as available” basis without any warranty or condition, express implied, or statutory.
d. LV BRANDING does not warrant the results that may or may not be obtained from the use of any images. It does not warrant that the quality of any images, services, information, or other materials purchased or obtained by you from LV BRANDING will meet your expectations.
24. Customer Representations
a. Customer represents, warrants, and covenants that: (i) it has full power and authority to enter into and perform its obligations hereunder; (ii) any Customer products comply with all applicable laws, rules, and regulations and does not infringe any third party’s rights; (iii) Customer products submitted to LV BRANDING or utilized with services do not contain any hazardous materials that may otherwise LV BRANDING personnel; (iv) it is the owner or authorized licensee of all Customer products; (vi) it will safeguard all passwords, user IDs and other measures to control access to the services; (vi) it has taken reasonable measures to ensure the security of any electronic devices, including Customer’s personnel-supplied personal devices, used by Customer or its personnel to access the website or place an order with LV BRANDING.
____ No Other Warranties
25. No Other Warranties
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER POW NOR ANY OF ITS PERSONNEL MAKES ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES OR IMAGES CONTEMPLATED HEREUNDER. ALL IMPLIED WARRANTIES AS TO PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. NEITHER POW NOR ITS PERSONNEL WARRANT THAT THE PROCESSED IMAGES WILL BE ERROR-FREE.
Customer shall indemnify, defend and hold LV BRANDING and its officers, directors, shareholders, agents, employees, subcontractors, licensors and affiliates and their officers, directors, shareholders, agents, and employees harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising directly or indirectly out of or relating to: (i) Customer’s breach or alleged breach of these Terms of Service; (ii) Customer’s property, except to the extent due to acts or omissions of LV BRANDING or (iii) claims that the Customer property or any images produced of such property, or any portion thereof infringes, misappropriates, or violates any third party’s copyright, trade secret, trademark or other proprietary or privacy right or other law.