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TERMS OF SERVICE

Welcome to Creative Bloom Design!

Please read these Terms of Service (“Terms” or “Agreement”) carefully, as they set out the rules for using our services and website. By using our services, receiving or using content we produce, or sending us products or other items, you agree to these Terms.

 

Who We Are
Creative Bloom Design Corp. (“Creative Bloom,” “we,” or “us”) provides product photography and creative content services—including photographs, graphics, videos, audio recordings, and artwork (collectively, “Content”). Any products or items you send to us—whether as the main subject, a prop, or for any other reason—are referred to as “Merchandise” in these Terms. Our website, www.CreativeBloomDesign.com, is referred to as the “Website.”

 

Who You Are
By using our services, either as an individual or on behalf of a business, you are considered a “Client” (“you”) under these Terms.

 

Agreement
These Terms, together with our Privacy Policy, govern your relationship with Creative Bloom Design Corp. If you have any questions or concerns, please don’t hesitate to contact us.

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1. Eligibility
To use our services, you must:

A) Be at least 18 years of age and be able to enter into legal contracts;

B) Submit a completed “Start your order” form;

C) Agree to these Terms of Service, and;

D) Provide complete, true, and current contact information.

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2. Updates to These Terms

We may update or change these Terms from time to time. Any changes will be posted on our Website and will take effect immediately upon publication. By continuing to use our services after any updates, you agree to the revised Terms.

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3. Communication

We’ll send important information about your account, orders, billing, merchandise, legal notices, and other service-related matters to the email address you provide when starting your order. We may also contact you by phone or postal mail if necessary, but email will be our primary method of communication.

To ensure you receive our emails, please add “@creativebloomdesign.com” to your safe sender or “whitelist.” This helps prevent our messages from being marked as spam or junk.

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4. Merchandise

Shipping and Responsibility—You are responsible for all costs associated with shipping your Merchandise to and from our studio, including any necessary insurance. Please use a reliable shipping provider with tracking and signature confirmation. Creative Bloom Design Corp. is not responsible for any loss, damage, or delays that occur while your Merchandise is in transit to our studio.

A) Prohibited items: Do not deliver to us any Merchandise that contains:

  • Narcotics, illegal drugs, or controlled substances

  • Dangerous weapons, firearms, explosives, or hazardous chemicals

  • Obscene or pornographic materials

  • Any item that is unlawful to possess in the State of Florida or the United States

 

B) Shipping Guidelines: When sending Merchandise to our studio, please follow these guidelines:

  • Carefully pack your items to protect them during transit.

  • Include your name, company name, address, email, and phone number inside the package.

  • All packages should include the reference number for your project, which is emailed to you after submitting a “Start your order” form.

  • Shipments should be addressed to:
    Creative Bloom Design- Photography SVCs
    304 Indian Trace #153
    Weston, FL 33327

 

C) Return Shipping: If you request return shipping when placing your order, we’ll send your Merchandise back to you after your project is complete. Please provide a physical address within the USA (no PO boxes). Return shipping and handling costs will be quoted before shipment. All return shipments are subject to the limitation of liability below.
 

D) Limitation of Liability for Damage or Loss: If your Merchandise is damaged or lost while in our possession or during return shipping, we may, at our discretion, repair, replace, or reimburse you for the value of the Merchandise, up to a maximum total of $500 USD (lifetime aggregate). For items valued over $500, you should arrange your own insurance to cover loss or damage while your items are with us or in transit. We are not liable for loss or damage exceeding $500 USD, regardless of the number of items.
 

E) Storage: Upon request, we will store your Merchandise at our facility free of charge for up to 30 days after your project is complete. After 30 days, please arrange for your items to be returned, picked up, donated, or discarded. If we do not hear from you, your items will be subject to our Abandonment policy (see section 4.g).
 

F) Donating or Discarding Merchandise:  If you do not wish to have your Merchandise returned after your project, let us know and we can donate or discard it for you. We cannot provide compensation or credit for donated or discarded items. We will determine whether to donate or discard the items and to whom they may be donated.
 

G) Abandonment: If we are unable to reach you about the return of your Merchandise, the following policy applies:

  • If 30 days pass without receiving your return shipping information or payment, we will email you a notice that your Merchandise is at risk of being donated, discarded, or sold.

  • If another 30 days pass after this notice and we still have not received the necessary information or payment, you agree that all rights, title, and ownership of the Merchandise transfer to us. We may then donate, discard, or sell the items at our discretion, and you will not receive compensation for the Merchandise or proceeds from any sale.

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5) Invoicing and payment

A) Payment Terms: 

  • Project Start: Payment is required before we begin work on your project. Once payment is received, your project will be added to the next available opening on our production schedule.

  • Projects Under $5,000 USD: Full payment is required in advance.

  • Projects Over $5,000 USD: You may pay a 50% deposit upfront, with the remaining balance due within 10 days of delivery of low-resolution, watermarked images. Once the balance is paid, we will deliver full-size, unwatermarked images.

  • Alternate Terms: Any alternate payment arrangements must be agreed to in writing by both parties and will override the above terms.

B) Non-payment: If payment is not received as agreed:

  • We may take legal action to collect outstanding payments.

  • We reserve the right to issue DMCA takedown notices for any unpaid Content used on websites or other platforms.

  • We may seek injunctive relief to prevent the publication, reproduction, or display of unpaid Content.

  • If you use or publish our Content without payment, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement.

     

6) Refund policy

Payments made to Creative Bloom Design Corp. are generally non-refundable, except under the following circumstances:

A) Rush Projects Not Completed by the Deadline: If a rush order is not completed by the agreed deadline, we will refund only the rush fee portion of the project. No other refunds will be provided for rush orders delivered after the stated deadline.
 

B) Order Cancellation:

  • You may cancel your order within 24 hours of payment by emailing info@creativebloomdesign.com.

  • If you cancel within this 24-hour window, your payment will be refunded in full.

  • Cancellations requested after 24 hours from payment are not eligible for a refund.

  • Due to tight deadlines, rush orders cannot be cancelled or refunded once payment is made.

 

C) Refund Processing: Refunds will be issued using the original payment method:

  • Credit card payments will be refunded to the same card.

  • Payments made by check will be refunded by company check.

7) Pricing

Our current rates are listed on the pricing page of our Website. We reserve the right to update our prices at any time by publishing new rates on our Website. If you request services not listed on our pricing page, we’ll provide you with a custom quote before beginning any work.
 

8) Taxes

You are responsible for paying any applicable sales, use, value-added taxes, or duties required by law in connection with the services we provide or any licenses we grant to you.
 

9) Production and Creative Process

A) Alterations and Accuracy: As part of our creative process, you agree that we may make any alterations to the Content that we feel are appropriate. This may include, but is not limited to: color and brightness adjustments, dust or scratch removal, distortion correction, fixing manufacturing inconsistencies or defects, compositing multiple images, adding graphics, and other necessary edits. The final Content represents our artistic interpretation of your Merchandise. While we strive for accuracy, we do not guarantee that the Content will be a flawless or perfectly exact representation of your Merchandise. It is your responsibility to ensure the Content is suitable for your intended use and does not misrepresent your Merchandise. We are not responsible for any claims by you or third parties regarding the accuracy of the Content.
 

B) Creative Direction: You are welcome to provide creative direction for any aspect of your project, such as lighting, arrangement, camera angle, and editing. If you wish to do so, please provide your instructions in advance so they can be clearly recorded on your invoice, shot list, or any project attachments. It is your responsibility to confirm that all creative direction is accurately documented on the invoice and attachments before making payment. If you do not provide specific direction, our production team will use their professional judgment to make creative decisions for your project.

 

C) Invoice and Any Attachments Detail All Direction: We will complete your order as described on your invoice and any attached documents. Our understanding of your instructions, ideas, or any discussions will be summarized on the invoice and attachments. Please review these documents carefully to ensure they accurately reflect your expectations. If you notice any discrepancies, do not submit payment—instead, contact your project manager to make corrections. By submitting payment, you confirm that the invoice and attachments accurately describe the work you want us to perform. In the event of any inconsistency between written or verbal communication and the invoice, the invoice and attachments will take precedence.
 

D) Review Period: Once your project is complete, you will receive an email with a link and password to view and download your Content. You have up to 10 days to review the delivered Content and provide feedback. If we do not hear from you within this period, your order will be considered closed, and your Merchandise will be returned, donated, or discarded according to your instructions as indicated on the invoice.
 

E) Reshoots and Edits: During your review period, you may contact us to request changes to the Content, including reshoots, edits, or additional photos. We are happy to accommodate reasonable requests and want you to be thrilled with the final results. Here’s how it works:

  • Complimentary Edits and Reshoots: We will reshoot or edit photos at no additional charge under the following circumstances:

    1. Work Not Completed as Specified: If we deliver work that does not match the specifications on your invoice and accompanying shot list, we will promptly reshoot or edit the Content as needed to correct the error.

    2. One Round of Edits: If you would like us to touch up any aspect of the Content, we are happy to provide one (1) round of complimentary edits. This can include adjustments to color, tone, minor blemishes, or other details that do not require a reshoot.

  • Additional Charges—Some change requests made during the review period may require an additional charge. Examples include:

    1. Additional Photos:  If you request photos that were not included in your original invoice, we will provide a quote and request payment before completing the additional work.

    2. Reshoots for Creative Changes:  If the images were created as described on your invoice, but you would like to see changes such as different lighting, camera angles, arrangements, or other creative adjustments that require a reshoot, we may, at our discretion, provide a quote for the additional cost.

       

10) Delivery

Once production is complete, your Content will be delivered via our secure Image Hosting Service. You’ll receive an email with a link and password to view and download all completed work. We partner with a trusted third-party vendor to manage the website and software for our Image Hosting Service. While we make every effort to ensure the service is available, stable, and secure, we cannot guarantee 100% uptime or complete protection against all security threats. By using our service, you acknowledge that we are not responsible for any loss related to the availability, security, or confidentiality of Content delivered through our Image Hosting Service.

We strongly recommend that you download and back up all Content for your records as soon as it is delivered. We are not obligated to store or archive your Content, and any storage we provide should be considered a convenience only.
 

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11) License and Permitted Use of Content

Upon receipt of full payment, you are granted the following rights to use the Content we deliver to you in connection with your order. These rights are subject to the prohibited uses outlined in Section 12 of this Agreement.

A) Perpetual Use: Your rights to use the Content do not expire. You may use the Content indefinitely, with no end date.
 

B) Exclusive Use: You have the exclusive right to use the Content. We will not license or sell the same Content to any other party. However, we retain the right to use the Content for our own promotional materials, portfolio, and internal purposes. Please note that any stock photography or third-party materials embedded in the Content are not included in this exclusivity.
 

C) Worldwide Use: There are no geographical restrictions on your use of the Content. You may use it anywhere in the world.
 

D) Unlimited Use: Except as otherwise specified in Section 14(b) below, you may use and display the Content an unlimited number of times, across any platforms or media.
 

E) Derivative Works: You may modify, retouch, combine, crop, annotate, or otherwise edit the Content and create derivative works. Please note that our original Content, even when incorporated into derivative works, remains our copyrighted material, and the terms and restrictions of this license continue to apply to those derivative works.
 

F) Permitted Uses Include but are Not Limited to: Permitted uses of the Content include, but are not limited to:

  • Websites and online stores

  • Online advertisements

  • Email newsletters

  • Video, film, and television

  • Printed advertisements and catalogues

  • Product packaging and billboards

  • Computer software and mobile applications

     

12) Prohibited Uses

A) Unlawful or Improper Use: You may not use the Content in any way that is illegal, defamatory, or intended to harass any person. The Content may not be used for pornographic purposes or in any manner that violates the trademark, copyright, or other intellectual property rights of any third party.


B) Restrictions on Logos and Trademarks: The Content may not be used, in whole or in part, as part of, or incorporated into, any logo, trademark, or service mark.

 

13) Copyright Ownership & Transfer

A) Copyright Ownership: All Content remains the copyrighted intellectual property of Creative Bloom Design Corp. Unless explicitly agreed to in writing by us, no transfer of copyright or ownership is granted to you.
 

B) Transfer, and Sub-licensing: You may not transfer or sub-license the Content to any other party, except as outlined below:

  • Subcontractors. Your subcontractors may use the Content solely to help achieve your final intended use (for example, a website designer publishing Content to your website, a printer producing your catalog, or a marketing agency creating your advertisement). Subcontractors may not use the Content for any other purpose.

  • Employer or Client:  If you are ordering our services on behalf of your employer or a client, you may permit that entity to use the Content. By doing so, you certify that you have authorization to bind your employer or client to this Agreement. If you do not have such authorization, they may not use the Content.

  • Sale of company or entity: If we grant a license to your company or entity and that company or entity is subsequently sold, the license will automatically transfer to the new owner.
     

C) No Claim of Authorship: You may not claim to be the author of the Content. Where authorship is specified, the Content must be attributed as “Copyright Creative Bloom Design Corp.”
 

 

 

14) Intellectual Property of Third Parties

A) Intellectual Property Visible on Merchandise: In some cases, the Merchandise or props you ask us to photograph may contain trademarks, logos, artwork, or copyrighted designs that are visible in the final Content. By directing us to photograph such Merchandise, you certify that you either own, or have obtained explicit permission from the owner, to use all trademarks, logos, artwork, and copyrighted designs visible on the items you provide. By using the resulting Content, you further certify that neither the Content nor your use of it will infringe on the intellectual property rights of any third party. It is your sole responsibility to secure all necessary permissions for any intellectual property that appears in the Content.
 

B) Stock Photography and Third-Party Artwork: If stock photography or other third-party artwork is incorporated into your Content, we certify that such materials have been properly licensed or paid for by us, in accordance with the terms of the respective supplier. When printing Content that includes stock photography or artwork, you may not exceed 500,000 printed copies. This restriction does not apply to electronic uses, such as websites or digital displays.


 

15) Models

We certify that we have obtained all necessary releases from any models depicted in the Content. The Content will not infringe on any moral rights, privacy rights, or rights of publicity of any model, provided the Content is used in accordance with Sections 11 and 12 of this Agreement.
 

 

16) No Warranties

To the maximum extent permitted by law, the Content is provided “as is,” without any warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or guarantee that the Content will meet your requirements or that it will be error-free.
 

 

 

17) Website

A) Access and Use of Website Content: Unless otherwise noted, all materials on this Website—including text, images, logos, icons, photographs, and other materials (collectively, the “Contents”)—are the copyrighted property of Creative Bloom Design Corp., its affiliates, or third parties who have authorized their use. These materials are protected by U.S. and international copyright laws, including the arrangement and presentation of the Contents.
You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit any part of the Contents or Website in any way. We grant you a non-transferable, non-exclusive, limited license to access and display this Website on your device for personal, non-commercial use, provided you do not modify the Content, you retain all copyright and trademark notices, and you comply with all terms, conditions, and licenses associated with the Content.

 

B) Website Security: Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:

  • Unauthorized Access: Accessing data not intended for you or logging into any server or account you are not authorized to access.

  • Vulnerability Scanning: Attempting to scan or test the vulnerability of the Website or any related system or network.

  • Interference: Attempting to disrupt service to the Website or its users, compromise the Website’s security or stability, or introduce viruses or malicious code, including overloading, flooding, spamming, mail bombing, or crashing the Website.

  • Spamming: Sending unsolicited emails, promotions, or advertisements of products or services.
     

C) Accuracy of Website Content: We strive to ensure the information on our Website is accurate and up to date. However, we are not liable for typographical errors, pricing inaccuracies, omissions, or other mistakes that may appear. If you notice an error, please contact us so we can correct it promptly.
 

D) Linked Websites: Our Website may contain links to third-party websites. We do not endorse, monitor, or accept responsibility for the content or services of these external sites. We are not liable for any damages or losses resulting from your use of linked websites.
 

E) Internet Transmission Problems and Viruses: Due to the nature of the Internet, you may receive incomplete, inaccurate, or outdated information from this Website, or encounter technical difficulties. Additionally, viruses or malicious software could affect the Website or be inadvertently downloaded. We are not responsible for any inaccuracies, incomplete information, or damage caused by technical issues or malware. We strongly recommend using up-to-date antivirus software to protect your devices when accessing our Website.

 

18) Refusal of service

We reserve the right to refuse service and decline any project if we determine that it is not a good fit for our company.

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19) Indemnification

You agree to indemnify, defend, and hold harmless Creative Bloom Design Corp. and our employees, officers, and owners from any losses, including attorney fees, arising from:

A) Any claims you make that are prohibited under these Terms due to any limitation of liability or other provision; and

B) Any third-party claims alleging that your actions, if true, would constitute a violation of these Terms.

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20) Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of our Service or Content. Creative Bloom Design Corp. and its employees, officers, and owners shall not be liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if based on negligence or if we have been advised of the possibility of such damages.

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21) Severability

If any provision of these Terms is found to be unenforceable, it shall be modified only to the extent necessary to make it enforceable. All other provisions will remain in full force and effect. Our decision not to enforce any part of these Terms does not waive our right to enforce that or any other part in the future.

 

22) Attorney Fees

In the event of litigation arising from these Terms, the prevailing party is entitled to recover reasonable costs, necessary disbursements, and attorneys’ fees incurred in enforcing this Agreement.

 

23) Equitable Relief

If you violate these Terms, we may seek injunctive or other equitable relief from the courts in addition to any other remedies available.

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24) Assignment

You may not assign your rights or obligations under these Terms to any other party. We may assign our rights and obligations to any entity or individual at our discretion.

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25) Governing law

These Terms are governed by and construed in accordance with the laws of the State of Nevada, as applicable to agreements made and performed by Nevada residents, without regard to conflict of law principles. Any action or proceeding arising out of these Terms or your use of our Service or Content must be brought in the state or federal courts located in Broward County, Florida.

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26) Entire Agreement

These Terms of Service constitute the entire agreement between you and Creative Bloom Design Corp. and supersede all prior agreements, understandings, and representations regarding the subject matter herein.
 

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