Terms, Agreements, Statements & Policies

Terms, Agreements, Statements & Policies2023-10-18T16:52:14+00:00

This Agreement for Services (“Agreement” or “Invoice”) is entered into based on the Estimate/Invoice date (“Effective Date”) by and between Exclusive Image, LLC (“Company”, “we” or “Developer”) and the Client shown on the Estimate/Invoice (“Client” or “you”). This Agreement is made with reference to the following facts:

  • Client is requesting assistance in graphic and/or promotional marketing services relating to Client’s business; and
  • Client desires to hire the Exclusive Image to perform certain tasks as set forth in this Agreement; and
  • Exclusive Image desires to enter into this Agreement to perform graphic and/or promotional marketing services and other related activities for the Client as set forth in this Agreement.

The parties agree as follows:

  1. SERVICES A description and schedule of services to be provided by Exclusive Image for each graphic and/or promotional marketing request referenced on the Estimate/Invoice.
  2. TERM
    • This Agreement will commence on Effective Date and will terminate when agreed-upon services have been fully rendered or thirty (30) calendar days after the graphic and/or promotional marketing are completed.
    • Either party may terminate Agreement upon other party’s breach or default of material terms of this Agreement. Non-defaulting party agrees to provide written notice to defaulting party prior to termination and allow ten (10) business days for defaulting party to cure the breach. Should defaulting party remain in breach of Agreement after ten (10) business days, non-defaulting party is entitled to terminate the Agreement immediately. If Client is non-defaulting party, Client will only be entitled to reimbursement for services not yet performed.
    • Notwithstanding the above, either party may terminate this Agreement upon fifteen (15) calendar days’ prior written notice for any reason. In the event of such termination, will be paid for any portion of the Services that have been performed prior to the termination.
    • Nevertheless subsection c. above, Exclusive Image may immediately terminate Agreement or deny service for any of the following reasons: Client’s graphic and/or promotional marketing is/are considered by Exclusive Image to be of a pornographic or obscene nature; Client’s graphic and/or promotional marketing contain(s) unethical materials, including, but not limited to, violations of privacy or harassment; Client’s graphic and/or promotional marketing is/are involved in Domain Name disputes; Client fails to pay for services as agreed (See Section 3. below); Client’s graphic and/or promotional marketing is/are soliciting or selling illegal services or products; Client interferes with or does not cooperate with Exclusive Image in performance of this Agreement; or any other reasons Exclusive Image finds for determining Client’s graphic and/or promotional marketing to be harmful, unethical or abusive.
  3. PRINTING AND/OR PROMOTIONAL Print and/or promotional prices are good for a specific length of time, usually 30 days. Depending on the preferred print and/or promotional vendor, the cost may increase by the time a Client wishes to order a project. For promotional items inventory (brands, colors, quantity, etc.) availability is subject to change and will be verified before placing an order. Following a request to reorder a project, a new Estimate will be issued before the reordering a project.
  4. COMPENSATION In consideration for the Services to be performed by Exclusive Image under this Agreement, Client agrees to compensate Exclusive Image as described in Invoice.
    • Exclusive Image will send an Invoice for each payment.
    • Payment is required upon issuance of Invoice. Payments are accepted via by credit card, or by check.
    • Additional charges for services beyond the scope of this Agreement will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
    • Additional fees may apply for stock artwork exceeding $20.00, major changes in technical or design requirements as requested by the Client, or other unforeseen items not outlined in this Agreement. As additional costs may arise, discussion and notification of costs will be made to the Client before completion of any noted additional work is done. Client will pay for additional costs as they occur.
    • If outlined on the Invoice, the Client agrees to pay a deposit/percentage of project as noted. In some cases, the initial deposit/percentage is required in order for Exclusive Image to commence work on the project.
    • Project will be deemed “complete”, and final payment due, when Exclusive Image has fulfilled its obligations pursuant to the Invoice deliverables, regardless of whether Client chooses to use the graphic and/or promotional marketing item(s)
    • Exclusive Image will retain ownership of the graphic and/or promotional marketing item(s) until Client has paid in full. At that time, all right, title, and interest to the graphic and/or promotional marketing item(s) will vest in Client pursuant to Agreement for Services Section 5, “Ownership”.
    • If project is stalled, Client will be responsible for paying the percentage of work completed by Exclusive Image.
  5. CONFIDENTIALITY From time to time, the parties may provide confidential business and technical information to the other party in connection with the work to be performed by Exclusive Image under this Agreement. Such information will be designated as confidential upon the disclosure by the party. The parties will use reasonable efforts to prohibit any use or disclosure of the other party’s confidential information, except as necessary to perform work under this Agreement.
  6. OWNERSHIP
    • All materials, products, and modifications developed or prepared by Exclusive Image under this Agreement, including without limitation the graphic and/or promotional marketing item(s), images and text viewable on an item, are the property of Client and all right, title and interest therein will vest in Client when final payment is made after graphic and/or promotional marketing item(s) completion, and will be deemed to be a “work made for hire” under United States copyright law and made in the course of this Agreement.
    • To the best of Exclusive Image’s knowledge, all materials, including content and images, supplied by Exclusive Image do not infringe on the rights of any third party. Deliverables will be Exclusive Image’s original work.
  7. INDEPENDENT CONTRACTOR STATUS In performing services for Client pursuant to this Agreement, Exclusive Image will act in the capacity of an independent contractor. In addition, this Agreement is not a partnership or joint venture and neither party is the other’s agent, partner, employee, or representative.
  8. ASSIGNABILITY This Agreement is personal to Exclusive Image and may not be assigned by any act of Developer or by operation of law unless in connection with a transfer of substantially all the assets of Exclusive Image or with the consent of Client, which consent will not be unreasonably withheld. Exclusive Image reserves the right to assign contractors and/or subcontractors to any project to ensure on-time completion or the best services available to meet Client’s specifications.
  9. USE OF PHOTOGRAPHY AND/OR ARTWORK
    • Most of the images used in Exclusive Image’s site designs are obtained from stock photography sites where the original images are royalty-free purchase license, the cost of which is included in the total graphic and/or promotional marketing item(s) cost, up to $20.00 per project. Any imagery fees exceeding $20.00 will be billed to Client.
    • Use of any non-licensed imagery is the sole responsibility of Client. If Client provides images to Exclusive Image for use in Client’s site, Client assumes risk of liability for use of those images.
  10. PROMOTIONAL USE Exclusive Image reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.
  11. AGREEMENT BINDING ON SUCCESSORS This Agreement is binding on and will inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
  12. WAIVER Failure to invoke any right, condition, or covenant in this Agreement by either party does not imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
  13. MODIFICATION BY SUBSEQUENT AGREEMENT This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
  14. COUNTERPARTS This Agreement may be executed in several counterparts, all of which taken together will constitute one single Agreement between the parties.
  15. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
  16. INDEMNIFICATION If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
    • Client agrees to indemnify and hold harmless Exclusive Image from any claim resulting from Client’s publication of any harmful or illegal materials or information.
    • Client agrees to defend, indemnify, save and hold Exclusive Image harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Exclusive Image’s development of Client’s graphic and/or promotional marketing item(s). This includes liabilities asserted against Exclusive Image, its subcontractors, agents, clients, servants, officers and employees, that may arise from any service provided or agreed to be provided or any product sold by Client, its agents, employees, or assigns.
    • Client also agrees to defend, indemnify and hold harmless Exclusive Image against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over Client’s graphic and/or promotional marketing item(s). This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
    • Client also agrees to defend, indemnify, save and hold harmless Exclusive Image from any action that involves malicious activity by a third party resulting in damage to Client’s graphic and/or promotional marketing item(s), reputation, goodwill or revenue. If Client’s graphic and/or promotional marketing item(s) is damaged, Exclusive Image will do everything in our power to rectify the situation, but we are not responsible for any damages or actions that may occur.
  17. LIMITATION OF LIABILITY Neither party will be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, or war, terrorist or military hostilities, and any payment or delivery date will be extended to the extent of any delay resulting from any force majeure event. In any event, Company’s liability to Client, if any, is limited to the fees paid under this Agreement.
  18. NOTICES Any notice required or permitted to be sent will be in writing to the addresses for each party provided in this Agreement.
  19. SURVIVAL Upon expiration or termination of this Agreement, the provisions of Sections 4, 5, 9, 10, and 14 – 22 shall survive.
  20. CHOICE OF LAW The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California.
  21. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between Company and Client with respect to its subject matter, and supersedes all prior oral and written agreements, understandings, commitments and practices between the parties. No amendments to this Agreement may be made except in writing and signed by both parties.
  22. MEDIATION If a dispute arises out of or relating to any aspect of this Agreement between Client and Company, or the breach thereof, and if the dispute cannot be settled through negotiation, Company and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
  23. ARBITATION Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, will be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties will appoint one person to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Santa Clara will choose an impartial arbitrator whose decision will be final and conclusive on all parties. Company and Client will each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties will bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute will be Santa Clara County, California.By initialing below, Client and Company confirm that they have read and understand this section and voluntarily agree to binding arbitration. In doing so, Client and Company voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. IF MORE THAN ONE CLIENT SIGNS THE ESTIMATE/INVOICE, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.

This Agreement for Services (“Agreement” or “Invoice”) is entered into based on the Estimate/Invoice date (“Effective Date”) by and between Exclusive Image, LLC (“Company”, “we” or “Developer”) and the Client shown on the Estimate/Invoice (“Client” or “you”). This Agreement is made with reference to the following facts:

  • Client is requesting a website service(s) such as hosting, website development, marketing and/or maintenance relating to Client’s business; and other related activities for the Client as set forth in this Agreement.
  • Client desires to hire the Exclusive Image to perform certain tasks as set forth in their Agreement; and

The parties agree as follows:

  1. SERVICES
    A description and schedule of services to be provided by Exclusive Image for each website is referenced on the Estimate/Invoice.
  2. TERM
    • This Agreement will commence on Effective Date and will terminate when agreed-upon services have been fully rendered or thirty (30) calendar days after the website is publicly launched, whichever is later, unless earlier terminated or further extended by either party.
    • Either party may terminate Agreement upon other party’s breach or default of material terms of this Agreement. Non-defaulting party agrees to provide written notice to defaulting party prior to termination and allow ten (10) business days for defaulting party to cure the breach. Should defaulting party remain in breach of Agreement after ten (10) business days, non-defaulting party is entitled to terminate the Agreement immediately. If Client is non-defaulting party, Client will only be entitled to reimbursement for services not yet performed.
    • Notwithstanding the above, either party may terminate this Agreement upon fifteen (15) calendar days’ prior written notice for any reason. In the event of such termination, will be paid for any portion of the Services that have been performed prior to the termination.
    • Nevertheless subsection c. above, Exclusive Image may immediately terminate Agreement or deny service for any of the following reasons: Client’s website(s) is/are considered by Exclusive Image to be of a pornographic or obscene nature; Client’s website(s) contain(s) unethical materials, including, but not limited to, violations of privacy or harassment; Client’s website(s) is/are involved in Domain Name disputes; Client fails to pay for services as agreed (See Section 3. below); Client’s website(s) is/are soliciting or selling illegal services or products; Client interferes with or does not cooperate with Exclusive Image in performance of this Agreement; or any other reasons Exclusive Image finds for determining Client’s website to be harmful, unethical or abusive.
  3. COMPENSATION
    In consideration for the Services to be performed by Exclusive Image under this Agreement, Client agrees to compensate Exclusive Image as described in the Invoice.
    • Exclusive Image will send an Invoice for each payment.
    • Payment is required upon issuance of Invoice. Payments are accepted via by credit card, or by check.
    • Additional charges for services beyond the scope of this Agreement will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
    • Additional fees may apply for stock artwork exceeding $20.00, major changes in technical or design requirements as requested by the Client, or other unforeseen items not outlined in this Agreement. As additional costs may arise, discussion and notification of costs will be made to the Client before completion of any noted additional work is done. Client will pay for additional costs as they occur.
    • If outlined on the Invoice, the Client agrees to pay a deposit/percentage of project as noted. In some cases, the initial deposit/percentage is required in order for Exclusive Image to commence work on the project.
    • Project will be deemed “complete”, and final payment due, when Exclusive Image has fulfilled its obligations pursuant to the Invoice deliverables, regardless of whether Client chooses to launch the website.
    • Exclusive Image will retain ownership of the website until Client has paid in full. At that time, all right, title, and interest to the website will vest in Client pursuant to Agreement for Services Section 5, “Ownership”.
    • If project is stalled, Client will be responsible for paying the percentage of work completed by Exclusive Image.
  4. UNRESPONSIVENESS
    After starting the project, unless otherwise agreed upon between the Client and the Developer, if the Client is unresponsive for 2+ months after the Developer has tried multiple times to communicate with the Client, a Website Proposal restart fee of 10% of the estimate may apply.
  5. CONFIDENTIALITY
    From time to time, the parties may provide confidential business and technical information to the other party in connection with the work to be performed by Exclusive Image under this Agreement. Such information will be designated as confidential upon the disclosure by the party. The parties will use reasonable efforts to prohibit any use or disclosure of the other party’s confidential information, except as necessary to perform work under this Agreement.
  6. OWNERSHIP
    • All materials, products, and modifications developed or prepared by Exclusive Image under this Agreement, including without limitation the website, forms, images and text viewable on the internet, any HTML elements relating to the website and any updates to the website, are the property of Client and all right, title and interest therein will vest in Client when final payment is made after website launch, and will be deemed to be a “work made for hire” under United States copyright law and made in the course of this Agreement.
    • To the best of Exclusive Image’s knowledge, all materials, including content and images, supplied by Exclusive Image do not infringe on the rights of any third party. Deliverables will be Exclusive Image’s original work.
  7. INDEPENDENT CONTRACTOR STATUS
    In performing services for Client pursuant to this Agreement, Exclusive Image will act in the capacity of an independent contractor. In addition, this Agreement is not a partnership or joint venture and neither party is the other’s agent, partner, employee, or representative.
  8. ASSIGNABILITY
    This Agreement is personal to Exclusive Image and may not be assigned by any act of Developer or by operation of law unless in connection with a transfer of substantially all the assets of Exclusive Image or with the consent of Client, which consent will not be unreasonably withheld. Exclusive Image reserves the right to assign contractors and/or subcontractors to any project to ensure on-time completion or the best services available to meet Client’s specifications.
  9. THIRD-PARTY OR CLIENT PAGE MODIFICATION
    Client agrees to not make any changes to website unless mutually agreed upon by the parties to this Agreement until the end of the term of this Agreement. Client may desire to independently edit or update webpage after completion of this Agreement. In that event, Exclusive Image is not responsible for any damage caused to the web pages by Client or any third party. Any necessary repairs will be assessed at an hourly rate based on rate at time of service (one hour minimum charge, rate will be disclosed prior to service).
  10. NO GUARANTEE
    • Exclusive Image’s performance does not guarantee rankings on any search engine for organic results, nor can it guarantee actual business growth or income as a result thereof.
    • Exclusive Image does not warrant the functions of Client’s website(s) will meet Client’s expectations for site traffic or resulting business or that the operation of the web pages will be uninterrupted and/or error-free. Proof reading of the website for accuracy and content is the Client’s responsibility. In no event will Exclusive Image be liable to Client or Client’s customers, vendors, agents, successors or assigns.
    • Exclusive Image is not responsible for occasional downtime of email or website(s) due to online interruptions and/or other circumstances. Exclusive Image is also not responsible for hacking or other malicious activity to Client’s website by a third party.
  11. USE OF PHOTOGRAPHY AND/OR ARTWORK
    • Most of the images used in Exclusive Image’s site designs are obtained from stock photography sites where the original images are royalty-free purchase license, the cost of which is included in the total website cost, up to $20.00 per project. Any imagery fees exceeding $20.00 will be billed to Client.
    • Use of any non-licensed imagery is the sole responsibility of Client. If Client provides images to Exclusive Image for use in Client’s site, Client assumes risk of liability for use of those images.
  12. PROMOTIONAL USE Exclusive Image reserves the right to use project details for promotional material, our portfolio and client testimonial, project case studies for education, training and promotional reasons.
  13. AGREEMENT BINDING ON SUCCESSORS
    This Agreement is binding on and will inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
  14. WAIVER
    Failure to invoke any right, condition, or covenant in this Agreement by either party does not imply or constitute a waiver of any rights, condition, or covenant and neither party may rely on such failure.
  15. MODIFICATION BY SUBSEQUENT AGREEMENT
    This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
  16. COUNTERPARTS
    This Agreement may be executed in several counterparts, all of which taken together will constitute one single Agreement between the parties.
  17. SEVERABILITY
    If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
  18. INDEMNIFICATION
    If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, the reminder of the Agreement will remain in full force and effect and will in no way be impaired.
    • Client agrees to indemnify and hold harmless Exclusive Image from any claim resulting from Client’s publication of any harmful or illegal materials or information.
    • Client agrees to defend, indemnify, save and hold Exclusive Image harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Exclusive Image’s development of Client’s website(s). This includes liabilities asserted against Exclusive Image, its subcontractors, agents, clients, servants, officers and employees, that may arise from any service provided or agreed to be provided or any product sold by Client, its agents, employees, or assigns.
    • Client also agrees to defend, indemnify and hold harmless Exclusive Image against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over Client’s website(s). This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
    • Client also agrees to defend, indemnify, save and hold harmless Exclusive Image from any action that involves hacking or other malicious activity by a third party resulting in damage to Client’s website, reputation, goodwill or revenue. If Client’s website is hacked, Exclusive Image will do everything in our power to rectify the situation, but we are not responsible for any damages or actions that may occur.
  19. LIMITATION OF LIABILITY
    Neither party will be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, labor stoppage, or war, terrorist or military hostilities, and any payment or delivery date will be extended to the extent of any delay resulting from any force majeure event. In any event, Company’s liability to Client, if any, is limited to the fees paid under this Agreement.
  20. NOTICES
    Any notice required or permitted to be sent will be in writing to the addresses for each party provided in this Agreement.
  21. SURVIVAL
    Upon expiration or termination of this Agreement, the provisions of Sections 4, 5, 9, 10, and 14 – 22 shall survive.
  22. CHOICE OF LA
    The validity, interpretation, construction and performance of this Agreement will be governed by the laws of the State of California.
  23. ENTIRE AGREEMENT
    This Agreement constitutes the entire agreement between Company and Client with respect to its subject matter, and supersedes all prior oral and written agreements, understandings, commitments and practices between the parties. No amendments to this Agreement may be made except in writing and signed by both parties.
  24. MEDIATION
    If a dispute arises out of or relating to any aspect of this Agreement between Client and Company, or the breach thereof, and if the dispute cannot be settled through negotiation, Company and Client agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure.
  25. ARBITATION
    Any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, will be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The parties will appoint one person to hear and determine the dispute. If the parties cannot agree, then the Superior Court of Santa Clara will choose an impartial arbitrator whose decision will be final and conclusive on all parties. Company and Client will each have the right of discovery in connection with any arbitration proceeding in accordance with Code of Civil Procedure Section 1283.05. The parties will bear their own legal fees and costs for all claims, or contract claims, or tort claims. The sole and exclusive venue for the arbitration and or any legal dispute will be Santa Clara County, California.By initialing below, Client and Company confirm that they have read and understand this section and voluntarily agree to binding arbitration. In doing so, Client and Company voluntarily give up important constitutional rights to trial by judge or jury, as well as rights to appeal. Client is advised that Client has the right to have an independent lawyer of Client’s choice review these arbitration provisions, and this entire agreement, prior to initialing this provision or signing this Agreement.

THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM. IF MORE THAN ONE CLIENT SIGNS THE ESTIMATE/INVOICE, EACH AGREES TO BE LIABLE JOINTLY AND SEVERALLY FOR ALL OBLIGATIONS UNDER THIS AGREEMENT.

Exclusive Image, LLC has made every effort to ensure this website is accessible. If you have any issues accessing content, please contact us on our webform or via phone at +1 650-273-0422.

Privacy Policy



1. Objective

This policy applies to all processing of personal data carried out by Exclusive Image, LLC and has the objective of informing the user regarding the way in which Exclusive Image, LLC carries out the processing of personal data (including details of the type of personal data collected and the purpose of processing) and regarding the rights of the user in relation to their personal data.

2. Contact – How can I contact?

In case of having any questions about the Privacy Policy, the user can contact Exclusive Image, LLC through the following means:

  • Headquarters are located at: 2990 Anderson Way, Sacramento, CA 95825
  • Contact phone number is: +1 650 273 0422

The user may establish direct and effective communication with Exclusive Image, LLC by written communication sent to any of the indicated addresses or also by sending an email to the address: wp-webmasters@exclusiveimage.net
In addition, information of the officer in charge of processing your personal data is listed below:

  • Trade name: Exclusive Image, LLC
  • Identity of the controller: Exclusive Image. LLC
  • Location: Sacramento, CA 95825
  • Email: wp-webmasters@exclusiveimage.net

3. Processing identification – How do we collect personal data?

In compliance with current regulations on the protection of personal data, especially,

  • Regulation (EU) 2016/679 of the European Parliament and Council, dated April 27, 2016 on the protection of natural persons regarding the processing of personal data and the free circulation of these data (hereinafter, the “GDPR”),
  • The California Consumer Privacy Act (CCPA), Assembly bill No. 375

Exclusive Image, LLC collects personal data in its possession when the user:

  • (i). completes the forms of https://exclusiveimage.net (“Site”);
  • (ii). subscribes to the newsletter;
  • (iii). answers a poll or completes a web form;
  • (iv). completes a printed form;
  • (v). sends an email or communicates by phone, which are then loaded in the corresponding forms;

4. Personal Data Collected – What personal data do we collect?

Exclusive Image, LLC collects information when visiting their web page, and mainly by completing its registration forms.

The following data is collected: full name, email and credit information.

As a rule, when personal data is requested to use a service or access certain content, its delivery will not be mandatory, except for those cases where it is specifically indicated that it is data required for the provision of the service. In this case, the user may freely choose not to register and/or not to contract the services.

The user declares and guarantees that all the data provided by him are true and correct and undertakes to keep them updated. The changes may be communicated to the Data Protection Delegate or to the address indicated in Section 2 hereof.

Likewise, the user acknowledges that the data required by Exclusive Image, LLC are necessary, adequate, and not excessive to carry out the purposes expressed in Section 5 hereof, which would be impossible to fulfill if said data are not provided.

Any false or inaccurate statement that occurs as a result of the information and data given, as well as the damages that such information may cause, will be the responsibility of the user.

5. Purpose – What do we use personal data for?

The personal data requested to the user will be used for the following purposes:

  • In the event of contracting services offered through the Site, to create and maintain the commercial relationship, and to carry out the activities and provide the services of Exclusive Image, LLC (including, without limitation, the management, administration, provision and improvement of services).
  • Send newsletters, as well as commercial communications, promotions and/or advertisements of Exclusive Image, LLC, either occasionally or periodically. Accordingly, the email address that the user provides when completing the form on the Site may be used to send information and updates on the request for services, as well as news about Exclusive Image, LLC (either occasionally or periodically), updates, information on related products or services, among others. This treatment is based on our legitimate interest in promoting our products and services.
  • Conduct a survey or run a contest
  • Personalize the user experience, increasing our ability to respond to their needs.
  • Improve the Site and the service offer of Exclusive Image, LLC, based on the legitimate interest of Exclusive Image, LLC in constantly improving its products and services.
  • Process transactions and comply with the legal obligations to which Exclusive Image, LLC is subject, such as tax obligations. The data subject to treatment will not be used for purposes other than or incompatible with those mentioned above and that motivated its collection. Notwithstanding the foregoing, it is stated that the recorded data may be used, in addition to the purposes for which it was expressly collected, for the purpose of carrying out statistics, managing incidents or conducting market studies. However, in the event that personal data is processed for a purpose other than that initially specified when collecting said data, a compatibility analysis will be carried out by Exclusive Image, LLC in accordance with applicable regulations. The processing will only be authorized if the original purpose is compatible with the new purpose or allowed in accordance with an independent legal basis. In these cases, the user will be informed of the changes in purpose or legal justification for the processing of their data.
    We remind the user that they can oppose the sending of commercial communications (unsubscribe) and stop receiving emails from Exclusive Image, LLC, reliably notifying Exclusive Image, LLC, which will proceed to interrupt in the shortest possible time after receiving such communication. For this purpose, it may send an email to the address indicated in Section 2, a postal mail addressed to the address indicated in Section 2 hereof, or directly follow the unsubscribe instructions detailed at the end of each email of Exclusive Image, LLC.

6. How we use your information?

We will use the information that we collect about you for the following purposes:

  • Administration info
  • Testimonials
  • Customer feedback collection
  • Manage customer order
  • Support
  • Processing payment: woocommerce payments, paypal

If we want to use your information for any other purpose, we will ask you for consent and will use your information only on receiving your consent and then, only for the purpose(s) for which grant consent unless we are required to do otherwise by law.

We will retain your personal information with us for an unspecified amount of time after user accounts remain idle or for as long as we need it to fulfill the purposes for which it was collected as detailed in this Privacy Policy

7. Consent

By providing personal data to Exclusive Image, LLC, the user declares to accept their processing fully and unreservedly by Exclusive Image, LLC. The user hereby grants his free, express, and informed consent for Exclusive Image, LLC to use the data collected for the purposes indicated in Section 5 hereof, as well as its incorporation into a Exclusive Image, LLC database.

Exclusive Image, LLC carries out the processing of the user’s data legitimized in: (i) the contracting of Exclusive Image, LLC services by the user, in accordance with the terms and conditions that are made available to the user at the end of completing the request form for services (prior to a possible hiring) and that the user (after reading it), and if they agree, can accept by checking the box that has been included for this purpose; and (ii) the free, informed and unequivocal consent of the user, made after reviewing this privacy policy where Exclusive Image, LLC informs the treatment that it will carry out with your data, and if you agree, by checking the box that has been included for this purpose in the service request form. The processing of data that is not covered by any of the legal bases indicated above, will be carried out if Exclusive Image, LLC considers it necessary to protect a legitimate interest and only if they do not contravene the fundamental rights and freedoms of the user.

8. Expiration – How long do we store them?

The data will be destroyed or archived when it is no longer strictly necessary or relevant for the purposes detailed in Section 5 above. In particular, personal data will be kept as long as the business relationship is in force (and to the extent that the user has not previously requested its deletion) and during the period during which obligations, indemnities and/or responsibilities may arise under the business relationship or for the services provided.
Exclusive Image, LLC informs that it will retain the essential information to identify the origin of the data stored for the duration of the client’s relationship with Exclusive Image, LLC and/or revocation of consent by the user in accordance with the information in Section 5 of this Privacy Policy and / or the time required by applicable law.

9. Confidentiality / Assignment / International Transfer – Do we disclose data to third parties?

Exclusive Image, LLC will keep the personal data collected private and confidential, and will not use them for purposes other than those established in Section 5 hereof. Exclusive Image, LLC requires the signing of confidentiality agreements and personal data processing by its employees and third parties that provide services that access the content of the databases (or include such obligations within the service agreements that it signs with such providers as indicated in the next paragraph).

The personal data of the user collected by Exclusive Image, LLC will not be transferred, sold, exchanged, transmitted and/or communicated to any third party outside of Exclusive Image, LLC without the consent of the user, except legal obligation and/or for the purpose of providing the services to the user. This does not include certain employees and service providers that allow Exclusive Image, LLC to keep the Site operational, comply with the purposes established in Section 5 hereof and/or provide services to the user, who have assumed the obligation to maintain the confidentiality of the data provided and commit to compliance with the applicable regulations on the protection of personal data, at the time of hiring. The contracts with the service providers stipulate the objective, scope, content, duration, nature and purpose of the data processing, the type of personal data, the categories of data owners and the obligations and responsibilities of Exclusive Image, LLC and of the contracted third parties.

In particular: Exclusive Image, LLC may share the personal information provided with controlling companies, affiliates, subsidiaries, related companies and/or intermediaries related to Exclusive Image, LLC.

Exclusive Image, LLC may share certain personal information provided by the user internally within Exclusive Image, LLC, with certain departments, such as administration, marketing, or IT.


**- Social Networks. Exclusive Image, LLC also uses social networks, such as Facebook or Instagram, and has integrated functions of these networks into its services. The user may only use these social networks to the extent that they are registered in them and have accessed the corresponding social network with their user. These social networks have their own privacy policies and their own terms and conditions, over which Exclusive Image, LLC has no interference or control. **

Finally, the user must know that Exclusive Image, LLC may (and that Exclusive Image, LLC reserves the right to) disclose their information in the following cases: (i) if required by a judicial or administrative authority; (ii) if necessary in order to exercise your rights under the Terms and Conditions of Exclusive Image, LLC and under this Privacy Policy; (iii) if necessary to comply with the law; (iv) if said data could be useful for the protection of the rights of third parties; (v) when it is useful for the protection of the rights, property or security of Exclusive Image, LLC, its controllers, subsidiaries, affiliates, directors, managers, employees, users or the general public; and (vi) when there are well-founded reasons related to public security, national defense, or public health.

10. Security – How do we ensure data security?

Exclusive Image, LLC declares its intention to adopt the technical and organizational measures necessary to guarantee the security, integrity, and confidentiality of the data in accordance with the provisions of the RGPD in order to avoid its adulteration, loss, consultation or unauthorized processing. In particular, all the credit data provided is transmitted via SSL (Secure Socket Layer) and encrypted in the database of the payment platform of the provider of these payment services. It is stated that credit data (credit card number, among others) are not stored in the Exclusive Image, LLC servers or in Google Drive. In order to guarantee the confidentiality of the processing, the payment service provider is contractually obliged to respect the confidentiality of the information.

Exclusive Image, LLC does not guarantee absolute privacy in the use of the Site since the possibility that unauthorized third parties may have knowledge of it should not be ruled out. The user acknowledges that the existing technical means that provide security are not impregnable and that even when all reasonable security precautions are adopted, it is possible to suffer manipulation, destruction and / or loss of information. In the event that a security incident is detected and that it implies a significant risk for the owner of the data, such event will be communicated without delay to the competent control authority, together with the corrective and palliative measures implemented and / or to be implemented.

Exclusive Image, LLC is not responsible for the loss or deletion of data by users. Likewise, Exclusive Image, LLC does not accept any responsibility for possible damages caused by computer viruses.

Finally, the user must also take measures to protect their information. Exclusive Image, LLC insists that you take every precaution to protect your personal information while on the Internet. At least, you are advised to change your password periodically, using a combination of letters and numbers, and make sure you are using a secure browser.

11. Rights of the owner of the data and procedures to respond to their exercise – What rights do I have as the owner of the data?

The user who owns the data may at any time exercise the rights of access, rectification, cancellation, opposition, limitation of processing, portability, confidentiality and deletion regarding their personal data, in accordance with the provisions of articles 15 and following of the RGPD, as appropriate.
The exercise of these rights can be carried out by the user himself through an email addressed to wp-webmasters@exclusiveimage.net, or by any of the methods provided for in the applicable regulations referenced above. Exclusive Image, LLC may request the necessary data to validate the identification of the owner of the data.

The deletion of some data will not proceed when it could cause damage to the legitimate rights or interests of third parties, or when there is a legal obligation to keep the data.

13. Training – Do we train?

The Exclusive Image, LLC staff whose functions are related to the processing of personal data are trained in order to guarantee better protection of personal data and the rights of its holders.

14. Links to third parties – Does our Site contain links to other sites?

The Site may contain links to third party sites, with or without advertising content, whose privacy policies are foreign to Exclusive Image, LLC. The linked sites are not related to Exclusive Image, LLC and, their existence in no way presupposes that there is any kind of suggestion, invitation, or recommendation for the visit of the destination places or any kind of link or association between Exclusive Image, LLC and such sites. Exclusive Image, LLC is not responsible or liable for the content, use and activities of these linked websites, or for damages, whether current or eventual, material or moral, direct or indirect, suffered by users and derived from the information contained in such sites or of the relationship that users may establish with third parties whose services have been published on the Site. Notwithstanding the foregoing, any comment on these linked websites will be useful to Exclusive Image, LLC in order to improve services and/or ensure the integrity of the Site. Exclusive Image, LLC undertakes to do everything possible to prevent the existence on its Site of links to sites with illegal content.

15. Cookies – Do we use cookies?

When the user enters the Site, Exclusive Image, LLC may store some information on their computer in the form of a “cookie” or similar file. The Site uses cookies to (i) track advertising, (ii) collect data about Site traffic, and (iii) improve the user experience when using the Site.

The user should know that to navigate the Site, it is not necessary for the user to allow the installation of cookies sent by the Site. This may only be required in relation to certain services. The user can erase cookies from the hard drive of his/her computer, prevent access to his/her computer either through his/her browser or by choosing the corresponding option when asked about the possibility of using cookies for these purposes and in compliance with the Cookies Policy of Exclusive Image, LLC.

Cookies are information files that a website or the provider of certain services of the site transfers to the hard drive of the user’s computer through the browser program. Cookies by themselves cannot personally identify the user (although they can contain the user’s IP address) but they allow them to recognize the user’s browser, and capture and store certain data (user’s operating system, domain name of the website from which the Site was linked, among others). Exclusive Image, LLC reserves the right to contract the services of third parties to analyze and understand the users of the Site, who may not use the information collected for purposes other than to improve Exclusive Image, LLC services.

16. Approval

The use of the Site by the user implies the knowledge and full approval of the Privacy Policy of Exclusive Image, LLC and the Terms and Conditions of Exclusive Image, LLC, if any. Likewise, the user accepts the Privacy Policy of Exclusive Image, LLC and the Terms and Conditions of Exclusive Image, LLC by completing the request for services.

17. Modifications – Is this the most current version?

This is the current version of the Exclusive Image, LLC Privacy Policy, updated on January 18, 2023.

Exclusive Image, LLC may at any time and without prior notice, modify this Privacy Policy. Such modifications will be operative from their publication on the Site or when they are notified to users by any means, whichever occurs first. The user must keep informed about the terms included here by entering periodically.

18. Information for Californian consumers

This part of the document integrates with and supplements the information contained in the rest of the privacy policy and is provided by the business running this Application and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users who are consumers residing in the state of California, United States of America, according to “The California Consumer Privacy Act of 2018” (Users are referred to below, simply as “you”, “your”, “yours”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal information“ as it is defined in The California Consumer Privacy Act (CCPA).

Categories of personal information collected, disclosed or sold In this section we summarize the categories of personal information that we’ve collected, disclosed or sold and the purposes thereof. You can read about these activities in detail in the section titled “Detailed information on the processing of Personal Data” within this document.

Information we collect: the categories of personal information we collect We have collected the following categories of personal information about you: internet information.

We will not collect additional categories of personal information without notifying you.

How we collect information: what are the sources of the personal information we collect? We collect the above mentioned categories of personal information, either directly or indirectly, from you when you use this Application.

For example, you directly provide your personal information when you submit requests via any forms on this Application. You also provide personal information indirectly when you navigate this Application, as personal information about you is automatically observed and collected. Finally, we may collect your personal information from third parties that work with us in connection with the Service or with the functioning of this Application and features thereof.

How we use the information we collect: sharing and disclosing of your personal information with third parties for a business purpose We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the personal information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.

We may also disclose your personal information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Service.

To find out more about the purposes of processing, please refer to the relevant section of this document.

Sale of your personal information For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer’s personal information by the business to another business or a third party, for monetary or other valuable consideration”.

Your right to opt out of the sale of personal information You have the right to opt out of the sale of your personal information. This means that whenever you request us to stop selling your data, we will abide by your request. Such requests can be made freely, at any time, without submitting any verifiable request, simply by following the instructions below.

Instructions to opt out of the sale of personal information If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by this Application, both online and offline, you can contact us for further information using the contact details provided in this document.

What are the purposes for which we use your personal information? We may use your personal information to allow the operational functioning of this Application and features thereof (“business purposes”). In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.

We may also use your personal information for other reasons such as for commercial purposes (as indicated within the section “Detailed information on the processing of Personal Data” within this document), as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.

We will not use your personal information for different, unrelated, or incompatible purposes without notifying you.

Your California privacy rights and how to exercise them The right to know and to portability You have the right to request that we disclose to you:

the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared; in case of sale of personal information or disclosure for a business purpose, two separate lists where we disclose: for sales, the personal information categories purchased by each category of recipient; and for disclosures for a business purpose, the personal information categories obtained by each category of recipient. The disclosure described above will be limited to the personal information collected or used over the past 12 months.

If we deliver our response electronically, the information enclosed will be “portable”, i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

The right to request the deletion of your personal information You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Application, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).

If no legal exception applies, as a result of exercising your right, we will delete your personal information and direct any of our service providers to do so.

How to exercise your rights To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.

For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:

provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.

If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.

If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority.

You can submit a maximum number of 2 requests over a period of 12 months.

How and when we are expected to handle your request We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.

We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.

Our disclosure(s) will cover the preceding 12 month period.

Should we deny your request, we will explain you the reasons behind our denial.

We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

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