Verve Studio Terms of Service
By accessing the website at https://vervecreative.studio, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Verve Studio’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Verve Studio’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Verve Studio at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Verve Studio’s website are provided on an ‘as is’ basis. Verve Studio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Verve Studio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Verve Studio or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Verve Studio’s website, even if Verve Studio or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Verve Studio’s website could include technical, typographical, or photographic errors. Verve Studio does not warrant that any of the materials on its website are accurate, complete or current. Verve Studio may make changes to the materials contained on its website at any time without notice. However Verve Studio does not make any commitment to update the materials.
Verve Studio has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Verve Studio of the site. Use of any such linked website is at the user’s own risk.
Verve Studio may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Iowa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Verve Studio Content Management System Terms of Service
Terms of Service Support and Maintenance: The Client may contract Verve Creative, LLC for website maintenance services at a pre-negotiated annual rate. With CMS maintenance packages we monitor and provide updates to the website that ensure optimal functionality of the website and database (Maintenance services are explained below in the Client Administrator Guide). Should the client decide to not participate in a maintenance agreement, the client is responsible for all required maintenance and updates to the Site. Other support inquiries, maintenance requests and website changes will be responded to within 48 hours during normal business hours.
Security and Updates: Verve Creative, LLC accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30 day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins.
- You can modify or manipulate the Item.
- You are licensed to use the End Product (a “single application”), and the End Product can be distributed for Free.
- You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- If you or want to Sell the End Product, you will need the Extended License.
http://creativecommons.org/licenses/by-sa/4.0/legalcode Elements of the Site including the Administrative Dashboard are protected by trade dress and other laws and may not be copied or sold in whole or in part. For permission to use third party materials appearing on the Site, please contact the owner of such materials.
Account Security & User Accounts In most cases, to access your account you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Verve Creative, LLC immediately of any unauthorized use of your account or any other breach of security. Verve Creative, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Verve Creative, LLC or another party due to someone else using your account or password.
Limitations on Liability Verve Creative, LLC may make changes to the database Materials at any time, without notice although it is a priority to provide substantial prior notice should maintenance require downtime. The Materials on this Site may become out of date and Verve Creative, LLC makes no commitment to update such Materials unless as specified in a separately negotiated maintenance contract. Verve Creative, LLC assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other corporations’ sites, services and products are provided “as is” without warranty of any kind, either express or implied.
Choice of Law and Jurisdiction This Site (excluding links to External Sites) is powered by Verve Creative, LLC from its offices in Cedar Rapids, IA, USA, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Verve Creative, LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Iowa and the federal laws of the United States of America applicable therein. You and Verve Creative, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the State of Iowa, United States of America with respect to such matters.
Verve Studio CMS Client Administrator Guide
When you are delegated the role of Website Administrator for a Content Management System (CMS), there are several things you must be aware of. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30 day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins. We can make recommendations on the frequency and depth of updates and maintenance. However to ensure performance of the CMS we strongly recommend a maintenance service contract. As a website administrator here are several items you are responsible for:
Updates and Releases: Ensuring the CMS is updated and running the latest release is your responsibility as the application administrator. In absence of a maintenance contact, we also recommend subscribing to the relevant CMS updates to be sure you are notified of new releases (WordPress, Joomla or Drupal).
Malware and Viruses: Content management websites are very complicated and your web hosting service, email setup, other web pages, hackers, scammers, etc., can generate a wide variety of problems that we have no control over. Verve Studio can assist by investigating any problems that may occur with your website and providing recommendations.
Cross-Browser Compatibility: In order to ensure consistency of design across the growing number of browsers, a site needs regular testing. Content management systems need regular monitoring and updating to ensure optimal performance across all major browsers.
Security: Hacking is a growing concern for both websites and on-line businesses. As attacks adapt and become more sophisticated, it is more important than ever to take measures to protect websites against hidden viruses and malicious software. It is important to have defenses utilizing the latest security software to prevent hackers from gaining access to your site.
Backups: It is extremely important to ensure that your information is backed up in order to avoid losing work, information and/or software. Content Management Systems should undergo regular and thorough backups so that it may be fully restored in case of loss.
Plugins: Today’s rich Internet experience is made possible because of functionality plugins. Some plugins work independently of your website’s content and ﬁles, just adding a little something special to the page. Others require modification of content and ﬁles, including changes to your database. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.
Website Hosting: Hosting is necessary in order to view the website on world wide web. However, hosting servers are also prone to ‘crashes’ resulting in sites going offline from time to time. The reasons for this downtime are numerous and the fault does not always lie with the hosting company itself. There many problems with connectivity beyond their control. Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help and restore your website. Contacting the hosting company directly in the event of problems can lead to lengthy and complicated email conversations as many are now unreachable by telephone. With a maintenance contract Verve Studio can assist you by liaising with the hosting company to sort out the situation as quickly as possible.
Website Maintenance Agreements
The Client may contract Verve Creative, LLC for web site maintenance services at a monthly rate. Maintenance plans take the headache out of managing most of the items explained in the Client Administrator Guide because we take care of it for you.
Verve Studio CMS Maintenance Package includes: Updates Backup Core Files Backup Stored Archives Backup Media Files SPAM, Revisions and Database Cleanup Database Optimization Security Scan Plugin & Theme Installs and Updates Performance Scans Email Support
Additional Services: Any revisions, additions or redesigns the Client requests Verve Studio to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Verve Studio shall advise Client on any requested work that falls within these bounds. Services not considered ‘standard website maintenance’ are subject to be charged at the regular hourly rate. Should the client choose not participate in a maintenance agreement, the minimum charge for as needed maintenance is $50/hour.
Booking An Appointment: Session prices and dates are locked in upon receiving your 25% deposit billed upon our approval of your booking, of which, $25.00 is non-refundable for fees greater than $100 (Any session fees under $100 require only a $25 non-refundable deposit). If you do not submit your deposit immediately, we cannot guarantee your session date will be available the next time you contact us.
Cancellations: All sessions require a non-refundable $25 deposit when booking. If the session is canceled by the client for any reason, the non-refundable deposit is forfeited. We have a limited number of sessions available therefore, a canceled session isn’t something we can fill last-minute. Each booking has a cancellation deadline. If you cancel before the cancellation deadline, your deposit minus the $25 non-refundable portion will be refunded. If for any reason Verve Studio or its representatives have to cancel a session due to an emergency, we will always offer to either refund your deposit or schedule you on the next available date that works with your schedule. If the session is for a particular event, we will do our best to find a replacement photographer/videographer.
Bad Weather: Iowa has serious weather extremes, and each month comes with its own challenges. If your session is scheduled outdoors, and it rains that day, we will certainly work with you to reschedule or move your session indoors! We don’t move sessions more than 24 hours ahead of time because Iowa weather isn’t always accurate more than 24 hours ahead (and even sometimes 2 hours ahead). Some seemingly bad weather makes for great photos (such as cloudy overcast skies are an awesome time for photos, and snow makes for gorgeous backdrops). So, don’t be disappointed if the sun isn’t shining, your photos will still be awesome! In the winter, there is always a chance of extreme cold or snow. We photograph outside year round, so we prepare for inclement weather! The same goes for the heat in the summer, as Iowa can be very hot. In the summer, we will mostly photograph in the shade. Should weather such as wind or rain prevent safe flying of our drones for aerial motion and still photography, we will try to reschedule your session for the next available date. All weather related cancellations are up to our discretion.
Arriving Late To Your Session: Many of our sessions are booked back-to-back, with only enough time to travel (or in the case of a studio session, clean up and reset) in between sessions. Therefore, the session time you booked is the time when your session will start, whether you arrive late or not. Please provide notice if you will be late. If late more than 10 minutes we will assume you are not coming to your session and your deposit will be forfeited.
Payment: Any remaining money due is to be paid in full prior to delivery of project files. We except cash, check and credit card payments.
Completion & Delivery: We typically get photos out to clients within 5 business days but ask that you plan on a range of 1-2 weeks in case we have other back-to-back obligations. If the photos will take longer than 2 weeks, we will always let you know ahead of time. This is a very rare situation.
Artistic Expertise: We capture many images during your session, and the edited images that you will receive will be selected by Verve Studio. We carefully edit and review each image to ensure each photo is up to our standards. If you would like to review all images from your session, this can be done by purchasing the “Raw Images” CD. Additional edits can also be requested from the Client for an additional fee.
Digital Retouching: We want you to book with us because you love us and our work! For business portraits, we love to keep things very natural, which means we also keep things very simple in our photo editing process. If you are asking for major alterations (background removal, replacement of entire persons, body parts, or objects, etc.) and we are capable of accommodating the request, you will be quoted separately for this.
Raw Images: If you purchased unedited images, these cannot be used in any form on social media. The intent of these images are for posterity as well as your ability to review all images and request additional editing. Please understand this is not our final product, which is why we do not want it advertised as such.
Health & Safety: We reserve the right to cancel any session that poses a health or safety risk to the client or Verve Studio and its representatives. Likewise, should weather prevent safe flying of our drones for aerial motion and still photography, we will try to reschedule your session for the next available date.
Backup and Storage: The client is responsible for ensuring that digital photographs are adequately backed up after delivery. Client is also responsible for checking that all photos are present on any form of delivery (digital, email, CD, etc.) within 1 week of receipt. If loss occurs and we are able to recover photos, there will be a recovery fee for the time and cost involved in retrieving and editing photos should the Client lose photographs.
Communication: Communication is key when scheduling sessions! We do our best to respond within a few hours to any emails or messages. Voicemails can take longer to respond, simply because of our schedule constraints. We expect all clients to be reachable the day of the session by whichever contact method was provided during booking, in case of emergency. If there are any concerns with the images or video received from your session, please contact us within 30 days as we do not guarantee storage of photos after that time.
Real Estate Services: For Real Estate photography and videography services, it is important to ready your property listing prior to the shoot date. The photographer/videographer require that no individuals are present inside the property during the shoot.