EJM Photography – Client Terms of Service for Pixieset Galleries
Last updated: April 12, 2025
Welcome! We are honored to share your photographs through our online gallery powered by Pixieset. To protect everyone involved and to ensure a smooth experience, please review and accept the following Terms of Service ("Terms"). By accessing, downloading, or purchasing any image or product from your gallery, you agree to be bound by these Terms.
1. Acceptance of Terms
Accessing the gallery constitutes your legally binding acceptance of these Terms. If you do not agree, please refrain from using the gallery. These Terms supplement (and do not replace) the provisions in your Photography Services Agreement.
2. Description of Services
EJM Photography ("Photographer," "we," "our") provides clients ("Client," "you") with password‑protected online galleries via Pixieset to view, download, share, and order prints or other products of the photographs captured under your session agreement.
3. Gallery Access & Availability
Delivery: A link and, if applicable, a download PIN will be emailed to you within the delivery timeframe stated in your session agreement.
Duration: Your gallery will remain active for 90 days from the delivery email date. After that, the gallery may be archived or removed. Reactivation is subject to a $50 archival‑retrieval fee and availability of the files.
Downloads: You are responsible for promptly downloading and backing up your images. We are not liable for lost files after the gallery expires.
4. Licensing & Permitted Personal Use
Upon full payment of all fees, you receive a non‑exclusive, perpetual, worldwide license to:
Download the high‑resolution files for personal use.
Make unlimited personal prints.
Share the images on personal social‑media accounts, provided you credit "EJM Photography" in the caption or tag.
5. Prohibited Uses
You may not:
Sell, license, or commercially exploit the images.
Submit images to contests, publications, or stock libraries without written consent.
Alter images beyond minor cropping or global color correction, or remove embedded metadata.
Use AI image‑generation tools to create derivative works.
6. Copyright & Ownership
All photographs are copyrighted © EJM Photography. Copyright is not transferred with the image files. We reserve the right to use images for portfolio, website, social media, and promotional purposes unless you negotiated a written exclusion.
7. Prints & Products
If you wish, you can order professional‑quality prints and other physical products directly through the Pixieset storefront attached to your gallery. Color rendition may vary between monitors, mobile devices, and print labs; we guarantee color accuracy only for products ordered through this storefront. Orders are fulfilled by professional partner labs, and shipping times and costs are displayed at checkout.
8. Editing, Retouching & Image Integrity
Delivered images represent the Photographer’s artistic vision and final editing decisions. Additional retouching requests may be accommodated at $25 per image (minimum 5 images) and must be ordered within 30 days of gallery delivery.
9. Payment & Fees
All outstanding session balances, product costs, taxes, and shipping fees must be paid in full before downloads are enabled or print orders are processed. Pixieset securely processes payments via Stripe; we never store your card information.
10. Data Security & Privacy
Pixieset employs industry‑standard encryption. We do not sell or share your personal data except as required to fulfill orders or by law. For more details, review Pixieset’s Privacy Policy.
11. Technical Limitations & Color Variance
While we strive for continuous service, access may be interrupted by maintenance or internet outages. We are not responsible for any damages arising from such interruptions.
12. Indemnification
You agree to indemnify and hold harmless EJM Photography, its owners, and agents from any claim arising out of your misuse of the images or breach of these Terms.
13. Limitation of Liability
Our total liability for any claim related to your gallery will not exceed the amount you paid for your photography session.
14. Term & Termination
These Terms remain in effect for as long as you access the gallery. We may terminate access immediately if you breach these Terms.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict‑of‑laws principles. Any dispute shall be resolved through good‑faith mediation in New Hanover County before litigation.
16. Changes to Terms
We may update these Terms from time to time. The "Last updated" date above will change accordingly. Continued use after an update constitutes acceptance of the revised Terms.
17. Contact Information
EJM Photography
Winnabow, NC 28479
Email: info@erikmaasch.com