Terms and Conditions
Last update: 19 October 2022
Identity of Double Flush Ltd and its subsidiaries
2flush.com and Mbloq.com are registered domains by Double Flush Limited
Unit 507, 5F Chinachem Golden Plaza,
77 Mody Road, Tsim Sha Tsui East,
Kowloon, Hong Kong S.A.R.
Registration no: 294247
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the websites and our services operated by Double Flush Ltd.
The client (hereinafter referred to as “Client” or “You”) commissions 2flush and all its subsidiaries (hereinafter referred to as “2flush”, “us”, “we”, or “our”) to supply or create and deliver services. You are agreeing to be bound by the following terms and conditions. “Image(s)” means all viewable renditions furnished by 2flush hereunder, whether captured or stored in photographic, magnetic, optical, or any other medium whatsoever.
You can review the current version of the Terms of Service at any time at https://www.mbloq.com/terms-and-conditions
2flush reserves the right to modify the present Terms of Service by posting updates to the 2flush websites. You are advised to check Terms of Service from time to time for any updates or changes that may impact you.
By making use of our services, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including MBloq General Shooting Direction Guide. If you disagree with any part of the terms then you do not have permission to access the Service.
For purposes of these terms “Objective Shooting Criteria” means camera position, product position, number of items per shot, shot distance, product rotation and camera height.
General Shooting Direction Policy & Art Direction
Simply, if you don’t tell us how you want us to photograph it, we will use our best judgment and practice.
- On-set art direction is not allowed. Art Direction is defined as the client or representative, either on set or virtually, approving or disapproving each photograph as it is photographed and giving live real-time direction of the shoot and any client interaction, which will otherwise hinder MBloq’s ability to effectively perform the services.
- MBloq will not photograph different versions and let the client pick which ones they want. The number of photos & directions must be specified at the time of ordering.
- The shooting Direction of how the images are to be photographed must be expressly specified in writing. Written directions may be provided in a separate email following the prompts contained in the confirmation email after purchasing the services. Since photography is visual, written shooting direction is usually not clear. Therefore, it is advised that match images be taken for product position, angle & lighting be provided and added to a guidebook.
- Verbal direction given will not constitute shooting direction.
- The client may waive the right to shooting direction in writing and allow the photographers to decide how to photograph the items. The client will not receive complimentary redos or reshoots on these photos.
- Unless the client waives the right to shot direction, clients are required to submit materials sufficient to provide MBloq with clear direction and instruction on how images should be shot. Such Materials include, but are not limited to “comps,” drawings, illustrations, tear sheets, cell phone images, and reference URLs.
- If the product was photographed like the example image provided by the client in style and position and The Client changes their mind and wants a different “look” or object position, than what was specified before shooting then the photographer has the option to cancel the job and refund the money or The Client may pay for an extra photography session.
- If no example or “guide images” are provided then the client loses the right to a refund, revision, or approval.
100% Refund Policy, Revisions, and Image Approval/Disapproval
- The client will be given the chance to approve or disapprove a “Pre-Approval image” within the framework of the “guide images provided by the client” at the conclusion of the photoshoot via email when the images are posted to the download site or sent to the client electronically, not before. The product in the disapproved image may be re-photographed or re-retouched up to 1 time or the client may choose to receive a 100% refund.
- Disapproval must be expressed in detail per email and very specific changes must be made clear.
- If the disapproved image has been re-photographed or re-retouched 1 time, the photographer may choose to refuse additional changes and issue a full refund: force closing the job.
- Using the images after a refund or force closing of a job is a violation of copyright law and such violations will be pursued.
- The client cannot request a refund, changes, or reshoots after the client has approved the final images.
- Images not downloaded after 30 days will be considered orphaned, the product forfeited and the job closed. No refunds will be offered.
- Images that are disapproved are no longer liable to the 5-7 business day turnaround time or rush time.
- Disapproved images will be redone in 5-7 business days or less from the time detailed directions are received.
- All refunds are issued to their original form of payment.
- Balances on any order or individual account will remain for the life of the business, but can only be refunded if requested within 90 days. After 90 days, balances cannot be refunded but will remain as a credit for any future orders.
Product quality and the resulting image
- To ensure MBloq is able to produce the highest possible quality image, the client agrees that all products provided for shooting will be in substantially similar condition as those appearing in the client-provided Materials. This includes, but is not limited to color, size, label position and content, packaging, etc.
- MBloq is not responsible for any damage or loss to products provided by the client to MBloq for photographing unless such damage or loss occurs while the product(s) is in actual physical possession of MBloq.
- The client agrees that MBloq will photograph the item as it arrives at the MBloq studio. If the product arrives at the MBloq studio in a condition which does not materially match that which is evidenced in the client-provided Materials, MBloq will contact the client and request a new sample product more closely matching that appearing in the Materials. However, MBloq is not liable for photographing the product as received. Any client disapproval will be subject to the MBLOQ Refund, Revision, Image Approval/Disapproval Policy.
- In the event a provided product contains minor flaws (i.e. minor discoloration, dings, dents, scuffs, etc.) MBloq may, optionally, retouch the images at no additional cost to the client, however, it is under no obligation to do so.
- MBloq can provide propping for a photo but the client must provide all props for the photograph. Clear direction is required, preferably in the form of a cell phone photograph of the setup. Additional charges may apply.
- When shooting a large number of products or difficult items sometimes we will send a pre-approval image at its discretion. Aspects of this pre-approval image, such as overall lighting quality & highlight position determine how other similar products will be photographed. If this “Guide Image” is approved, re-shoots and re-retouching cannot be requested for these specific aspects.
- If the client requests a reshoot or re-retouching of an aspect of a photograph that was defined by the “Guide Image” additional charges will be incurred at the standard rate for a reshoot or in a pro-rated rate of $100 an hour for re-retouching.
Completion of the project and closing of the order
Upon delivery of the final images, you have (2) two business days to inform us if you have any issues or concerns with the final images. Project is considered completed and the order will be closed (2) two days after the online delivery of final images to you.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Turnaround Time & Delays
- Turnaround times begin upon receiving the full set of shooting directions and the products at the MBloq studio.
- MBloq is closed Saturdays, Sundays, and standard Chinese holidays. Closed days do not count towards the turnaround time as we are not operational.
- Turnaround time will vary and is based on the total number of items to photograph and the difficulty. Therefore, turnaround time is specified in the client’s order and refers to business days.
If the initial image delivery (not redos) is delayed due to MBloq’s negligence, the client may request a refund on the image photography fee of two percent (2%) for every 24 hours the image(s) has been delayed. Conditions causing delay generally known as “Force majeure” are exempt from this rule.
Turnaround time on a change/redo order request is 5 business days from the time the request is received.
- An order that is placed “On Hold” is an order that is stopped for various reasons and is awaiting a client action.
- MBloq will send the client an email notifying them that an order is On Hold. Turnaround time will stop while an order is On Hold.
- After sufficient client response to remedy the issue leading to the hold, the hold will be released.
- On Hold orders that are subsequently released may incur additional turnaround delays up to two business days.
- Orders may be placed On Hold for the following reasons:
a. No shooting direction has been provided.
b. Not enough shooting direction has been provided to proceed with shooting.
c. Missing products or props.
d. MBloq is awaiting a client reply regarding pre-approval images.
e. Any other reason which may hinder MBloq ability to shoot the product.
- Custom quotes and contracts will be sent to the client and must be approved via email. Once approved, the client must pay 100% of the costs upfront through Stripe (a link with the payment page by credit card will be sent to the client) or Bank Transfer. Enterprise payment terms are agreed upon separately and stated in a custom quote.
- If a client overpays, they will be contacted as soon as the error is recognized. The surplus amount will be refunded or used as credit for future orders.
- If a client underpays for a service, they will be informed.
If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.
You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.
Image Ownership and Usage & Copyright
Copyright Licensing Agreement:
- We retain all ownership rights and copyright of all images that we create of your product, as is common in the photography industry.
- Included in the purchase price of your Order is a comprehensive license to your images. Specifically, we grant you a worldwide, royalty-free, perpetual license to use and display your purchased images, in an unlimited number of mediums, with unlimited alterations for any promotional and advertising usage you see fit.
- You agree that you may not re-license or sell ownership of the images to anyone else. This includes reselling the images or placing them in stock for a profit and it is a violation of the copyright agreement. You may, however, allow other retailers such as Amazon or selling sites to use the images to promote the sale of their products. If you are a wholesaler, then you may allow your retailers to use the photos.
- In the event the above-described license is insufficient for your purposes (for example, if you intend to sell the copyright) and you feel that you still need complete copyright ownership of your images, then you may purchase the copyright from us for an additional $20.00 per image. In the event you purchase the copyright from us, we retain a perpetual, royalty-free worldwide license to the images. However, if you are concerned about us sharing the images without your consent, we are more than happy to agree to not share them on our website or with anyone else without your approval.
- Copyright transfer agreements will be created by MBloq at the end of the order as they require a contact sheet of the images being transferred.
- MBloq is not responsible for pursuing copyright violations of the images of your products. You agree that, if you determine a third party is using, displaying, or disseminating your images without your consent that you are responsible for enforcing your rights and pursuing an action for any copyright violations.
- MBloq understands that your business is unique, however, your products may not be. To that end, you understand that MBloq may photograph similar products for your competitors if they order images from us. We will never reuse your images for these purposes and will reshoot the products as instructed by those parties, regardless of whether the direction results in images substantially similar to yours.
- You agree that MBloq may use all images for its own promotional and marketing purposes including all social media posts unless you have expressly prohibited us from doing so in writing.
Image sizing & Resolution
- Image delivery types are picked by the client and are defined on the quotation.
- MBloq will not be held responsible for resizing or reformatting images to fit the clients’ wide range of possible uses. The image sizes are delivered in large format to enable the majority of standard uses, for example on a website, in a standard-sized catalog, or printed in a magazine.
- MBloq will not deliver layered PSD files. The .tif format (also known as .TIFF) carries all the same properties of a PSD file but at smaller file size. MBloq uses advanced retouching techniques and those layers will not be delivered as they are flattened in the retouching process and are mostly unusable except during processing.
- MBloq will not deliver raw files. MBloq uses advanced retouching methods far beyond a single capture image, often blending multiple raw files with many-layered Photoshop elements.
Basic Retouching (Included in based price):
- Remove the background so it is white around the outside of the product.
- Removing dust and basic scratches on the products.
- Enhancing the natural color & contrast of the product.
- Fixing a small dent in a box.
Advanced Retouching (Not included in the based price):
- Retouching products into a different background or environment.
- Photographing a blank product and adding a fake label
- Fixing a big scratch that goes through text where we have to recreate the text.
- Changing the color of the product to something that it’s not but isolated to specific areas.
- Re-creating a box that has been crushed in shipment.
- Copying one element from one photo into another. Like photographing one lid and copying it into a different product without a lid.
- Creating or manufacturing parts of a product that does not exist.
Products shipped to MBloq studio
1. After placing an Order, the client is responsible for arranging shipment of the products to be photographed to MBloq studio at:
Room 2-2, 3rd Floor, No.10 Gongyuan Road, Daguan, Huangcun, Tianhe District
Guangzhou, Guangdong Province, P.R. China
Name: Margaret 陈小姐
For shipping to our studios in Vietnam or Europe, contact us to confirm the address and instructions to the courier. Do not send any products to us without contacting us and confirming the address first. Our address in Hong Kong is not used for photography activities. No products shall be sent to this address.
2. Do not send us or drop off a product before an order is placed. MBloq sends and receives many packages daily and if a shipment arrives without an order number on it then we have no way of tracking it in our inventory system. MBloq is not responsible for lost products or delays due to a client’s failure to comply with this policy.
3. All costs associated with shipping products to and from MBloq are the sole responsibility of the client. Client bears the risk of damage or loss until the products are delivered to MBloq’s address set forth above and accepted by MBloq.
4. MBloq is not responsible or liable for any damage or loss that occurs to the products during shipping. Client warrants that the products are adequately packed and insured against damage or loss and agrees to hold MBloq harmless for any such damage or loss occurring during shipment to MBloq.
Return shipping products
Return shipping of products will be provided to the client, subject to the following conditions:
- The client must request return shipping within 30 days following completion of the services by replying to the Approval Emails.
- Shipping labels are provided and all expenses associated with shipping are covered by the client
- Value must be a total amount of $20, at minimum to qualify for return shipping.
- We will decide the return shipping method, unless agreed otherwise.
- Additional insurance beyond what the shipping company offers as standard is the client’s responsibility.
- Failure to respond to the Approval Emails within 30 days with return instructions will result in the client products being removed from MBloq inventory. They will be disposed of and the products will not be returned. Client agrees that MBloq is not liable for the disposal of products pursuant to this policy. Client is solely responsible for sufficiently insuring all products during shipping.
Lost, damaged, or stolen products
- Once the products arrive at the MBloq studio they will be checked for damage, which, if present, will be reported to the client within 24 hours.
- Once received by MBloq and checked into its system, MBloq will assume possession of the products. If an item is lost, damaged, or stolen while in possession of MBloq, then MBloq will reimburse the client for such damage or loss for the repair cost or replacement cost of the damaged or lost product up to a maximum amount of $1,000 per client.
- MBloq is not responsible or liable for any damage or loss arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, or acts of God, weather events, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
- The client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and inures to the benefit of MBloq. Client, Client’s principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties.
- The parties agree to use their best efforts to resolve any dispute between them related to the obligations set forth in these terms by good-faith negotiation and mutual agreement. However, in the event that the parties are unable to resolve any dispute, any unresolved disputes shall, at MBloq’s option, be finally settled in court within Hong Kong S.A.R.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Limitation Of Liability
In no event shall Mbloq, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
2flush, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.