These Terms of Service (“Terms”) govern the rights and responsibilities between clients ("Client") and Novitsky Photography ("Photographer") regarding the ownership and use of photographs ("Photos") taken and purchased. By purchasing Photos from Novitsky Photography, the Client agrees to the following terms:
1. Transfer of Ownership
Upon full payment, the Photographer transfers full ownership of the Photos to the Client. The Client is granted exclusive rights to use and distribute the Photos as they see fit, including both personal and commercial use.
2. Personal and Commercial Use
The Client is free to use the Photos for any personal or commercial purposes, including but not limited to:
Printing, sharing on social media, or displaying on websites.
Using the Photos in advertising, marketing, and promotional materials.
There are no restrictions on the type or manner of use, provided the Photographer is compensated in full.
3. Photographer’s Use of Photos
Novitsky Photography reserves the right to use the Photos for promotional purposes, portfolio display, social media, and advertising unless the Client requests in writing that their Photos not be used publicly. This request must be made prior to the delivery of the final Photos.
4. Photo Alteration
The Client may not edit, alter, or modify the Photos in any way, including applying filters or making cropping adjustments. Novitsky Photography retains all rights to the original images. If the Photos are used publicly, we request that proper attribution be given to Novitsky Photography. For commerical use, the client may request, in writing to Novitsky Photography, to allow for photo editing. Approval must be given prior to any editing.
5. Credit and Attribution
While attribution is not required, it is appreciated when the Client credits Novitsky Photography for original work, particularly when sharing on social media or in public forums.
6. Payment Terms
The Client will receive the final Photos in the agreed-upon format (digital or print) after full payment is received. Until full payment is made, Novitsky Photography retains ownership and no rights are transferred to the Client.
7. Liability
The Photographer is not liable for any claims or damages arising from the use or misuse of the Photos by the Client. The Client assumes full responsibility for any legal or third-party claims that may result from their use of the Photos.
8. Dispute Resolution
Any disputes arising under these Terms shall first be addressed through good faith negotiations between the parties. If a resolution cannot be reached, the dispute shall be settled through mediation or arbitration before pursuing legal action.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any legal proceedings arising from or related to this agreement shall be conducted exclusively in the courts located in Raleigh, North Carolina.
By purchasing Photos from Novitsky Photography, the Client acknowledges that they have read, understood, and agreed to these Terms of Service.