Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “TERMS”) CAREFULLY, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE & Service, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

This Website is owned and operated by or on behalf of NXM Photo, A DBA of Blue Slate Films, LLC a New York limited liability company (“NXM,” “we” or “us”). NXM Photo is a provider of photographic & video products and services

These Terms May Change

We reserve the right to update or modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, we encourage you to review these Terms whenever you use this Website.

Booking Procedure

NXM will provide a professional photographer at an event or venue that you specify (the “Services”). You will complete the booking form on the website, with the type of event, address and requested hours. Within 24 hours, of your submission for a booking, a representative of NXM will confirm via email NXM’s availability and any additional surcharges. At that time, your credit card will be charged with a deposit of $100 which will be subtracted from your final charge.

The deposit is refundable if you cancel the booking more than 3 business days before the event. Cancellations within 3 business days of the event will result in the forfeiture of the deposit. The deposit will be considered as liquidated damages to NXM in case of cancellation within 3 business days of a booked event for any reason, including natural or manmade disasters or obstructions, inclement weather, personal injury, personal illness, change of heart, conflicting plans, etc. NXM photographers will work only the hours requested on the booking form. If event start times are delayed or take longer than the period of time confirmed on the booking form, the photographer will attempt to obtain in-person, verbal consent to extend the engagement in a minimum of thirty (30) minute increments at an hourly rate of $100. If you are not available to give in-person verbal authorization, the photographer will attempt to notify you by text, phone or email, based on your preferred method of communication as you specified when booking the event, if/when he or she is at the end of the period of time confirmed on the booking form, and you may agree to engage the photographer for additional time in a minimum of thirty (30) minute increments at an hourly rate of $100. If you do not respond to the photographer within 5 minutes of the sent time of notification that the time is about to expire, the photographer will leave the venue.

The balance, including additional fees or surcharges, will be due before images are available for download.

You are responsible for confirming photographers are allowed at the venue(s) you selected on the booking form. The Company is not responsible for Services that cannot be provided because the Venue refuses to admit the Photographer or imposes other restrictions (such as no flash photography or a particular place to stand) that limit the Services. You agree to accept the technical limitations that may be imposed on the equipment used. If the Services cannot be provided, the Booking Fee shall be forfeited by You as liquidated damages. The Company advises You to make yourself aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.

Copyright Law

The copyright of photographs remains with NXM. The Company and the individual Photographers agree to use the images only to advertise the business of NXM or the skills of the individual Photographer (in his or her portfolio), including on NXM or the Photographer’s web site, social media accounts and other promotional materials. The images will not otherwise be reproduced or used in a commercial setting. The Company will provide to You high-resolution, .jpg files of the curated images taken at the event and will provide the ability to order other items via third parties via the NXM Web Site. At no time will the camera’s RAW image files be released from either the individual photographer or from NXM. NXM grants You permission to make copies of the images under the following conditions: The images taken by the Photographer as an agent of NXM are for personal use by You and your friends and relatives. Sale, publication or any commercial use of the photographs is not allowed without prior written permission from NXM.

Release: You grant NXM and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of You and/or your children for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. You hereby release NXM and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Warranty. The Photographer provided by NXM will perform the Services in a timely fashion consistent with the standard of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. THE WARRANTIES CONTAINED HEREIN ARE THE ONLY WARRANTIES MADE BY THE PARTIES HEREUNDER. EACH PARTY MAKES NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability: If an assigned photographer becomes ill or injured and cannot supply the Services specified above NXM will use reasonable commercial efforts to book a replacement event Photographer. If a replacement Photographer cannot be found then liability is limited to a refund of any payments received. The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the Service or part thereof according to the percentage of images supplied. NEITHER PARTY WILL BE LIABLE TO THE OTHER IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, (i) ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, OR (ii) COMPANY'S OR COMPANY'S CUSTOMERS' RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED, EVEN IF THE OFFENDING PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.

Indemnity: Clients, jointly and severally, will indemnify, defend and hold harmless, NXM and Photographer, for any and all damages, losses, claims and costs (including, but not limited to, reasonable attorneys’ fees and court costs, but excluding any damages, losses, claims or costs that arise in whole or in part from the acts or omissions of NXM or the Photographer) relating to (a) the negligence or willful act or omission of Clients or their guests or invitees; or (b) Clients’ material breach of this Agreement.

User Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any content accessible from the Website. You agree not to use the Website or the Services of NXM in any manner that might interfere with the rights of third parties or that violates any applicable federal, state, local or international law, rules or regulations. You agree not to provide any information through the Website that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. You further agree not to attempt to access any Secured Content or User Content (defined below) that is not intended for you.

User Accounts and Security

We may restrict access to some parts or features of this Website to users with registered accounts or other access credentials (the “Secured Content”). To access the Secured Content, you may be asked to provide certain information. You are responsible for the security and privacy of any account credentials you establish, such as your username and password, if applicable. You acknowledge that no website or system (including this Website) is completely secure or free of risk. If you supply any personal or other information through this Website, you agree that we will not be responsible for any third party’s unauthorized access to or use of such information.

Credit Card Encryption

We use Stripe to process our payments.  It encrypts your personal credit information, including your credit card number, before it travels over the Internet. Stripe is the industry standard for secure online transactions.

Intellectual Property

NXM logo and marks

The NXM logo and trademarks may be used only on the NXM Website and by permitted users who have signed agreements with NXM.

Portraits

Except as specifically authorized through the sale of a product or service, or on a written release signed by us, images and information from this site may not be reproduced in any way. All images created by NXM are the property of NXM, our licensing partners, or are used with permission.

NXM Content

All of the content on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively “Content”), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by NXM, one of its subsidiaries or by third parties who have licensed their materials to NXM. The entire Content of the Website is copyrighted as a collective work under U.S. copyright laws, and NXM owns a copyright in the selection, coordination, arrangement and enhancement of the Content. Except as otherwise provided in a written agreement from NXM, the Content of the Website, and the site as a whole, are intended solely for personal, non-commercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. NXM reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from NXM.

Transactions

If you hire a photographer, schedule an appointment, make a purchase, order custom products, or otherwise transact with us through this Website, such transactions are also governed by the policies, terms and conditions, if any, specific to the product or service that are communicated to you before confirming the transaction, for example terms made part of an e-commerce checkout process or limitations stated in promotional materials. Please review these terms before making any transaction through this Website.

DISCLAIMERS

THIS WEBSITE IS OPERATED BY NXM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NXM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NXM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THIS SITE. WITHOUT LIMITING THE FOREGOING, NXM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. NXM DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. NXM DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY THIRD PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE. NXM MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL NXM OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NXM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NXM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Indemnification

You understand and agree that you are personally responsible for your behavior in connection with the Website. You agree to indemnify, defend and hold harmless NXM from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) your User Content (b) use or misuse of the Website by you or any other person who accesses the Website using your account, or (c) any violation of these Terms.

Governing Law and Jurisdiction

All matters relating to use of this Website, the Services, and any content, information or materials accessible on it, and any disputes or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York, United States of America, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of New York, excluding that State’s choice-of-law principles. You agree that any legal suit, action or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the federal or state courts located in Manhattan, State of New York, United States of America. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THIS PROPERTY, OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES OR ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

General Provisions

Entire Agreement. These Terms, our Privacy Policy, and any other relevant NXM documents or policies constitute the entire agreement between you and us with respect to this Website and the Services, and supersede all prior understandings, agreements, representations and warranties related thereto. No amendment to these Terms will be valid unless made in writing and signed by you and us.

Waiver; Severability. No waiver of any provision or breach of these Terms shall be effective unless made in writing, or shall be construed to be a continuing waiver of such provision or breach. In the event any portion of these Terms is held to be invalid or unenforceable, such portion shall be construed as nearly as possible to reflect the original intent of the parties, or shall be severable from these Terms.

Correction of Errors and Inaccuracies. The information on this Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.

Questions or Comments. If you have any questions or comments related to these Terms or this Website, please contact us through any means described in the “Contact Us” features of this Website or by writing to NXM, 21-10 23rd street, Astoria, NY 11105, attention: Corporate Communications.