Terms & Conditions › Vifoclix

Term and conditions v1.1 (dated June 9, 2024)

Vifoclix, LLC (also noted as “We”, “us”, “our”, or “Company”) provide these Terms and Conditions, which govern your use of our website (https://vifoclix.com/) (“Website” or “Site”). All references to “you”, “your, “visitor”, “visitors”, “client”, “clients”, “customer”, “customers”, “user”, or “users”, as applicable, mean the person who accesses, uses, and/or participates in the website in any manner, and also for of authorized user (heirs, assigns, and successors) on your behalf. These Terms and Conditions are a legally binding agreement between you and us and set forth the terms of your use of the website’s limited offerings as described herein (collectively, the “Website offerings” or “Services”) via any means (such as computer, tablet, mobile, and other means). The Privacy Policy posted on this website as a separate link also forms part of these Terms. The users of this site should be fully aware of and accept the Terms and Conditions mentioned on this page. This statement covers all of the contents and services of this website and any associated content including email and RSS feeds. Please read this statement carefully. Your use of this site indicates your agreement to abide by the Terms in effect, as amended, and the privacy policy given as a separate link. These Terms mention binding arbitration and a waiver of class action rights as mentioned below. If you do not agree with these Terms, we are unable to provide you the services and therefore you may not access and use this site.

1. Website offerings/Services
This Site provides users with an array of services and products, encompassing the following:

Photography and Videography: Capturing and producing visual content for individuals and businesses, including the option to book photography and videography sessions. Our site also features a blog dedicated to photography, where you can find tips for poses, behind-the-scenes insights, and other valuable photography-related information. Additionally, we provide reviews for hotels, restaurants, and other venues, offering trusted recommendations for various locations to enhance your visual content creation experience.
Educational Content Creation: We also offer a range of educational services and products. We create, publish, and sell books covering various topics, providing valuable educational resources. Additionally, we maintain websites that cover a wide range of educational topics, offering informative and valuable content. Our educational activities include conducting courses, workshops, and training programs across diverse fields. DiGyan, our educational content creation platform, has its own dedicated website (http://digyan.com), but we promote it here to create innovative learning experiences and raise awareness about these products and content to visitors of this site. We ensure comprehensive educational content to meet the needs of our customers.
Sale of Physical and Digital Products: We offer a variety of physical and digital products for sale to consumers. Our digital products include eBooks, photos, calendars, templates, presets, and more, which may also be available on our other websites. In addition, we produce and sell physical products such as T-shirts and photography/videography accessories. For products related to our business but not manufactured by us, we may offer them as affiliate products. Alongside our product offerings at this site, we also develop and create digital content across various platforms and mediums.
Artificial Intelligence (AI) Services: We use Artificial Intelligence tools to enhance photos, videos, and digital products. These AI tools help us improve the quality of photos and videos, optimize digital content, and provide personalized recommendations. AI may also be used to create and enhance content for blog articles, books, and photos, leveraging natural language generation and image enhancement capabilities. AI assists in automating processes and analyzing data to enhance user experience and efficiency.
Digital Marketing: We actively engage in social media activities to promote our products and services, leveraging various platforms for marketing, engagement, and brand promotion. Additionally, we offer digital marketing services to help optimize and promote our customers’ social media and website content, ensuring an effective and impactful online presence.

2. Payment Methods

For the purchase of our photography and videography sessions, digital content, educational resources, and other products, we utilize secure payment gateways including Google Pay, Apple Pay, Amazon Pay, Stripe, Square, and Cash App for credit card payments. By using these payment methods, you agree to their respective terms and conditions. We prioritize the security and confidentiality of your payment information, though we are not responsible for the practices of third-party payment providers. During the purchase, you will be redirected to the selected payment gateway to complete your transaction. Please note that all transactions are subject to our terms and conditions and the specific policies of the chosen payment gateway. If you encounter any issues during the payment process, please contact us for assistance.

3. Return and Refund Policy

We reserve the right to deny any return or refund request that does not comply with our policy, or if we believe the request is fraudulent or abusive. If you have any questions about our return and refund policy, please contact us at vifoclix[@]gmail.com or via WhatsApp message at +1-508-834-2548.

3.1 Digital Products:

Refunds: Due to the nature of digital products, we are unable to offer refunds once the product has been delivered or downloaded. However, if a customer’s dissatisfaction is justified by us, we may offer store credit of equal value or the option to exchange their item for something of equal or greater value. If customers are eyeing a pricier upgrade, they’ll just cover the difference. These options allow customers to keep the funds within our store while ensuring they find something they like.
If you encounter any technical issues or difficulties accessing your digital purchase, please contact our customer support team via email at vifoclix[@]gmail.com or via WhatsApp message at +1-508-834-2548 for assistance.

3.2 Physical Products:

Returns: We accept returns on physical products within 15 days of the delivery date. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To initiate a return, please contact our customer support team via email at vifoclix[@]gmail.com or via WhatsApp message at +1-508-834-2548 to obtain a return authorization. You will be responsible for return shipping costs. If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Refunds: Once we receive the returned item and verify it is in its original condition, we will issue a full refund to your original payment method within 30 business days.

3.3 Affiliate Products:

Since affiliate products (Digital or Physical products) are purchased directly from the original seller’s website, returns and refunds will be subject to their individual return and refund policies. We recommend reviewing the seller’s policy before making a purchase. We will be happy to assist you in locating the seller’s policy if you have trouble finding it.

3.4 Service like Photography:

Refunds for services will be processed according to the terms outlined in the agreement digitally signed by both parties. The service agreement includes comprehensive details regarding payment terms, rescheduling, cancellation policies, and the refund process. Our goal is to ensure transparency and clarity in all service-related transactions. If you have any questions or need clarification on any aspect of our service agreement, please don’t hesitate to contact us. We are committed to providing exceptional service and addressing any concerns you may have.

4. Article, Media, Comments and Feedback

The content on this website is produced from various sources, which might involve Artificial Intelligence. People associated with us, such as owners, employees, contractors, or users, can also contribute to the content. The content is provided for informational and entertainment purposes only. The views expressed in any opinions (articles/comments) are solely those of the original authors/users and may not represent the company’s standpoint. We do not assume any responsibility or liability for any blogs, opinions, or other posted comments. There is no warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content. All users of the site (whether registered or not) are allowed to post comments which may be available immediately to everybody through the web. We do not claim ownership of any materials and other information you post, upload, or submit. But we reserve the right to use the contents in whatever way we want. We reserve the right to delete your comments or revoke your registration for any reason. Although such strict action is a rare event; the possible reason for such action can be off-topic discussion and using defamatory, abusive, harassing, threatening, profane, false, misleading, pornographic, or offensive comments. Another possible reason can be the violation of our terms of use or other intellectual property issues. We are not responsible for the content of user comments. Comments at this site are owned by the particular user and we disclaim any liabilities that may result from those postings. You further agree to grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license permission to use those contents for any commercial or non-commercial purposes with or without modification. All the complaints related to particular comments should be addressed in place wherever it is. We may contact you to alert you in such cases using the information provided by you to us. As per our policy, we protect your contact information from being given to a third party unless there are legal requirements.
We encourage website users to submit comments, bug reports, ideas, and other feedback of different kinds. Submission of any Feedback, allows us to use such Feedback in any way without giving any compensation to you. Such Feedback can be used to improve our website and a variety of other purposes. You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license to incorporate and use the Feedback for any purpose.
We typically display images, audio, and video as part of blog posts written by our authors. Materials written by our authors will be in the public domain accessible to all and can be used to write an article in the press. If we receive notice that the material posted is not in keeping with these terms and conditions or the intended use of the Comments section where it is posted, we reserve to right to remove the material.

5. User Conduct, Obligations, Inappropriate consent, and Intellectual Property Infringement

By using this website, you agree to follow and be bound to the Terms and any applicable laws or regulations. This site cannot be used for any unauthorized purpose. Users are responsible for their own conduct while using the site. Users themselves or through a third party should not be involved in sending, uploading, and distributing any objectional content that is unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, or obscene as these are prohibited. You should not be involved in the distribution of viruses, worms, trojan horses, worms, hoaxes, corrupted files, or any other files of a destructive or deceptive nature. You should not impersonate another person. You should not distribute the intellectual property of anybody. Such activities violate the legal rights of others and you will be solely responsible for any consequences resulting from such violation. You should not be involved in all forms of illegal activities (including, without limitation, money laundering) and others while using the site. You should not be interfering with the use of this site by any other user. You should not be involved in replicating the content of this site in any way. You should not use this site for any unauthorized commercial purpose. If we notice failure to above obligations, we have rights to legal remedies. We will remove the problematic content and can ban any user who is found to infringe the third-party intellectual property rights in accordance with the Digital Millennium Copyright Act and other applicable laws. The owner of intellectual property can contact us to inform us about the infringement. Any user involved in infringing may be subject to liability under the Copyright Act.

6. Website Content Disclaimer

The information provided on this website is for general informational purposes only. While we strive to ensure that the content is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The Site offers photography and videography services, including booking sessions and providing related information through our blog. While we endeavor to provide high-quality visual content and valuable recommendations, we do not guarantee specific outcomes or results from our services or the accuracy of reviews and tips provided. Our educational services and products, including books, courses, workshops, and online content, are designed to provide valuable information and resources. However, the educational content is provided “as is” without any guarantees or warranties. We offer a range of physical and digital products, including those created by us and affiliate products. While we strive to ensure the quality and accuracy of our product descriptions, the actual products may vary. We do not guarantee the availability of all products listed and are not responsible for affiliate products’ quality or performance. We utilize available AI tools to enhance our photos, videos, digital products, and content creation. While these tools are employed to improve quality and efficiency, we do not develop these AI tools and cannot guarantee their flawless operation. AI-generated content is subject to the inherent limitations and biases of the underlying algorithms. Our digital marketing services aim to optimize and promote our products and services, as well as those of our clients. While we employ best practices and strive for effective engagement, we do not guarantee specific marketing results or outcomes. The performance of social media activities and marketing campaigns may vary. In no event will we be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of this Site or our services and products. This includes but is not limited to, damages or losses caused by reliance on information obtained through the Site, loss of data, or profit, arising out of or in connection with the use of this Site. We reserve the right to amend this disclaimer at any time without notice. By using this Site, you agree to be bound by the current version of this disclaimer. If you have any questions or concerns about this disclaimer, please contact us for clarification.

7. External Links Disclaimer

Our site may contain links to external, third-party websites. By providing links to other sites, we do not guarantee, approve, or endorse the information or products available at external sites, nor does a link indicate any association with or endorsement by the linked site. We do not operate or control and have no responsibility for the information, products, and/or services found on any external sites. External links do not represent or endorse the accuracy or reliability of any information, products, and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster. We are not responsible if any of these links are not working appropriately. These links may also lead unintentionally to sites containing information that some people may find inappropriate or offensive. These links are not under our control and as such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party website. Therefore, access to any other Internet website with a link on our website is at your own risk and we are not responsible for the accuracy, availability, or reliability of their contents. You are responsible for viewing and abiding by any privacy statements and term-conditions posted in connection with these links.

8. Printing

We allow the user to print any particular content of the site as long as you retain any advertisements, copyright, or related proprietary notices that the material contains. You may not reproduce or sell the content. The third party can take permission from the author of the particular article/comment to use it in any form.

9. Service discontinuation

We reserve our rights to discontinue some or all of our services and close the site at any time, without notice or liability. We may restrict any user to use our services at any time without giving any reason. We also reserve the right to get acquired fully or partially by an individual person or organization. Such acquisition may lead to the formulation of new Terms and Conditions.

10. Photography/Videography Service Terms

Our Photography/Videography services are governed by a mutually signed service agreement, which outlines details such as the total cost, location, duration of the session, number of photos/videos, and any additional services included. Terms related to rescheduling, cancellations, and special requests are also covered. However, the following terms are general guidelines that typically go into the service agreement, along with a few more items such as total cost, location, and other specifics, which will be outlined in the agreement signed by both parties. Some of the photographers may be hired by us or work on contract, enabling us to provide services in more locations. If you need a particular photographer, please communicate their availability on the date before paying. We suggest paying for the service only after signing the service agreement and after confirming the availability on service date , as this particular service may have individualized needs and require a tailored price to fulfill those needs. Please read these terms before paying for our Photography/Videography services.
10.1 Photography/Videography Session Guidelines

Client’s Appearance: The Client is responsible for their appearance during the photography/videography session, including wardrobe choices and grooming. The Company is not responsible for any dissatisfaction with the images related to the Client’s appearance.
No Guarantees of Specific Outcomes: The Company cannot guarantee specific results or outcomes from the photography/videography session, as creative work is subjective and may vary.
Client Cooperation: The Client agrees to cooperate with the Company during the photography/videography session, following any reasonable directions for posing, timing, and other necessary aspects of the shoot.
Creative Control: The Client acknowledges that the Company holds creative control over the photography/videography session, including the choice of location, poses, and artistic direction. The Client agrees to trust the Company’s professional judgment.
Photography/videography Equipment: The Company shall provide all necessary photography/videography equipment for the session. The Client agrees not to touch or handle the Company’s equipment without permission.
Required Consents: The client will ensure that all necessary consents, as applicable, have been obtained prior to the performance of the services, including from venues or locations where the services are to be performed, and from attendees or participants of the photo shoot. The Client agrees to inform Company of any restrictions or guidelines related to photography/videography at the location.
The Company reserves the right to work with third-party contractors, collaborators, or assistants to ensure the successful completion of the photography/videography session.

10.2 Delivery

The typical package includes providing digital images as Company is not a printing house. However, guidance on obtaining professional printing services can be provided upon request.
Company will deliver the edited Photos and/or Videos (if applicable) to the Client through a secure online gallery within 2-4 weeks of the Session depending on the scale of the event and the post-processing requirements. The images are typically provided in high-resolution JPEG format. The digital images will be available for Client download for a period of 30 days after delivery.
Unedited Photos and/or Videos (if applicable) will be delivered upon request at Company’s discretion.
The Company will provide basic editing and retouching of the images, adhering to its established style. Extensive retouching or alteration of the images beyond the Company’s standard editing may incur additional fees.
Proofing and Selection: The Company may provide the Client with a proof gallery or contact sheet for image selection, if applicable. The Client agrees to make their selections within two days after receiving the proof gallery.
The Company will make reasonable efforts to deliver the final edited images within the agreed-upon timeframe. However, the Client understands that delays may occur due to unforeseen circumstances.
The Company is not responsible for storing the images after delivery. It is the Client’s responsibility to maintain backup copies of the images.

10.3 Copyright and Usage

Company retains all copyrights to the Photos and/or Videos.
Client is granted a non-exclusive, worldwide license to use the Photos and/or Videos for personal, non-commercial purposes.
Client may not alter or modify the Photos and/or Videos without Company’s written consent.
For commercial use of the Photos and/or Videos, the Client must obtain written permission from Company and negotiate a separate usage fee. Posting on social media is considered personal use at this point. However, if the social media post is part of the sponsored post that will come under commercial use. The use of photos on the personal website and blog should be discussed with Company as it is not automatically granted.
Client (on behalf of themselves and any attendees or participants at the photo shoot) hereby grants the Photographer an irrevocable license to use any images, work product, or other materials created during the performance of the services for marketing, advertising, or promotion of the Photographer’s services on the Photographer’s website and in any other digital or print media, including social media. Please refer to the “Model Release” section for this, as it is applicable only if the Client (on behalf of themselves and any attendees or participants at the photo shoot) has signed the model release agreement.
Image Usage Limitations: The Client agrees not to use the images for any illegal, defamatory, or obscene purposes. The images shall not be used to promote hate speech, violence, or discrimination based on race, gender, religion, or any other characteristic.

10.4 Rescheduling, Cancellation, and Refund Policy

The photo session can only be rescheduled due to illness, active precipitation, below-freezing temperatures, or emergencies. When rescheduling, the deposit and any additional amount already paid (if applicable) will be applied toward the total fees of the new session. Clients are kindly requested to provide as much advance notice as possible for rescheduling.
Company reserves the right to cancel the Session due to unforeseen circumstances (such as weather, illness, etc.). In such an event, Company will make a good-faith effort to find alternative indoor locations, find an alternate photographer, or reschedule the shoot for a more suitable time. If rescheduling is not possible, the Client will receive a full refund including deposit money.
If Client requested cancellation, the refund depends on the time of cancellation and the event’s nature. The Deposit money is non-refundable, as described above. Any additional amount already paid beyond the initial deposit (if applicable) will be refunded to the Client as per the following rules.
If the Client cancels the Session at least 48 hours before the scheduled session time, a full refund will be issued, excluding the deposit amount.
If the Client cancels the Session at least 24 hours before the scheduled session time, a 50% refund will be issued, excluding the deposit amount.
If the Client cancels the Session on the scheduled day or fails to attend without notice (No show), no refund will be issued.

10.5 Waiver

Client (on behalf of themselves and any other participant whose image may be captured by the Photographer) hereby waives all rights and claims and releases the Photographer from any claim or cause of action relating to the sale, display, license, and use of images pursuant to this agreement.

10.6 Model Release

Client will be requested to sign a separate Model Release Agreement granting Company permission to use the Photos and/or Videos for marketing, advertising, social media, and promotional purposes.
Clients who choose not to sign the Model Release Agreement understand that their Photos and/or Videos will not be used for marketing, advertising, social media, or promotional purposes by Company.
Use of Behind-the-Scenes (BTS) Content: The Client who signs the Model Release Agreement grants Company permission to use behind-the-scenes photos or videos from the photography/videography session for promotional purposes on Company’s website, social media, or marketing and promotional materials.
Social Media Promotion: The Client who signs the Model Release Agreement grants Company permission to share selected images from the photography/videography session on Company’s social media platforms, tagging the Client, to showcase Company’s work.

10.7 Indemnification

Client agrees to indemnify, defend, and hold harmless Company or the photographer associated with Company for any injury, property damage, liability, claim, or other cause of action arising out of or related to the services and/or work product provided by Company to the Client. Despite any contrary provision, Client agrees that Company’s maximum liability arising out of or related to the services, or the work product shall not exceed the total fees payable under this Agreement.

10.8 Confidentiality

Both parties agree to keep all information shared during the course of this project confidential and not disclose it to any third party without the other party’s prior written consent.

10.9 Safety and security

Data security is the Company’s top priority. Following the event, all images will be securely backed up on the cloud to prevent any potential data loss or accidental damage.

11. Jurisdiction, Governing law, Arbitration

This Agreement shall be governed in all respects by the laws of the United States of America and the laws of the state of Massachusetts. In case of any dispute, you give up your rights to have a trial by jury or be a member of a class of claimants in any lawsuit, including but not limited to any class action lawsuit. Disputes will be resolved by arbitration as described in the next section. Our maximum liability for any or all the claims together by you against us in any matter would be $100 and we are unable to provide you access to this site and its services without this limitation. If you expect higher award/compensation then you should not access this site and its services in any form.

12. Process of dispute resolution by Arbitration

You and we agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. User are advised to contact us in case of any concern about any of the services provided by this site. We will try to resolve concerns. Resolving the dispute by direct communication with us should be the first step. Any disagreement and unresolved dispute will lead to a process of mandatory dispute resolution by Arbitration after 60 days of the first report of concern(s). Either party can initiate the binding arbitration and each party will cover its own associated cost. Any dispute (controversy or claim) arising out of or relating to these Terms, including use of this site in any way, will be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. A single arbitrator from the American Arbitration Association following the rules of the American Arbitration Association will adjudicate the case and the award of the arbitrator will be final and binding. The place of arbitration will be Boston, Massachusetts. Notwithstanding the above, we have full rights to secure injunctive relief in court under any jurisdiction.

13. Entire agreement

The contents of this document constitute the entire agreement between site owners and site users and supersede any prior or contemporaneous understandings, whether written or oral.

14. Changes to the Terms and Conditions

We reserve all right to modify the Terms and conditions, privacy policies, and the contents of the site at any moment without giving any explanation. These terms of use may be revised from time to time. These terms should be checked periodically for updates. Rules governing the use of the site at a particular time are governed by rules at that time. If the changes in the Terms and conditions are not acceptable, you should discontinue the use of this site.