Terms of Service for PhotosByFOV.com

Effective Date and Last Updated: 10.28.25

Welcome to PhotosByFOV.com

Welcome to PhotosByFOV.com (the "Site"). This Site is owned and operated by Felipe Ortiz ("PhotosByFOV," "we," "us," or "our"), doing business at PO Box 1002, Brentwood, CA 94513. These Terms of Service ("Terms of Service" or "Terms") govern your access to and use of our website, services, products, and any other online services we provide (collectively, the "Services").

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, PURCHASING PRODUCTS OR SERVICES, SUBMITTING FORMS, BOOKING APPOINTMENTS, OR CLICKING THAT YOU AGREE WHEN PROMPTED, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service contain provisions that govern how claims that you and PhotosByFOV have against each other are resolved (see Section 18 — Dispute Resolution). These Terms of Service also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use PhotosByFOV Services.

Introduction

PhotosByFOV.com provides professional photography services, including portrait photography, event photography, commercial photography, and related services. Through our Site, users can view our photography portfolio, purchase photographic prints and digital downloads, book photography sessions and appointments, and access related products and services.

These Terms of Service protect the legal interests of PhotosByFOV, our clients, our users, and our third-party vendors. Your use of the Services and your purchase of products or services is expressly conditioned upon your agreement to these Terms of Service. If you do not consent to these Terms of Service, you are not permitted to use PhotosByFOV or any PhotosByFOV Services.

If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Service.

Age Requirement

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may only use the Services with the involvement and consent of a parent or legal guardian.

Modifications to Terms of Service

PhotosByFOV reserves the right to change, modify, revise, or otherwise amend any provision of these Terms of Service, and any other terms, policies, or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Service have been modified. Such notice may be provided by sending an email to the address you provided during registration, by posting a notice on the Site, by posting the revised Terms of Service on the Site and revising the date at the top of these Terms of Service, or by such other form of notice as determined by PhotosByFOV.

Your continued use of the Services, or your purchase of any products or services following the posting of the revised Terms of Service or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the posting of the revisions on the Site unless you notify PhotosByFOV within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Service whenever you access the Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.

Privacy and Data Collection

You authorize PhotosByFOV to collect, use, disclose, and otherwise process information about you as set forth in our Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service by reference and can be found at [insert privacy policy URL]. By using our Services, you consent to our collection and use of your personal information, including but not limited to:

• Contact information (name, email address, phone number, mailing address)
• Payment information (credit card details, billing address)
• Appointment and booking information
• Information submitted through forms on our Site
• Photographs and images you provide for us
• Communications between you and PhotosByFOV
• Usage data and analytics regarding your interaction with our Site

We take the security of your personal information seriously and implement commercially reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Section 1: General Terms

1.1 Additional Policies

These Terms of Service and the following additional PhotosByFOV terms and policies (as applicable) together constitute a binding agreement between you and PhotosByFOV. All such additional policies are incorporated into these Terms of Service as applicable and collectively govern your use of the Services and/or purchase of products or services.

Privacy Policy

Our Privacy Policy describes how we collect, use, store, and protect your personal information. The Privacy Policy is incorporated into these Terms of Service by reference.

Photography Services Terms

Our Photography Services Terms set forth additional terms, conditions, and policies applicable to booking photography sessions, appointments, and related services. These terms include session fees, cancellation policies, rescheduling policies, and delivery timelines for photographs.

Terms of Sale

Our Terms of Sale set forth in Section 3 below contain additional terms, conditions, and policies applicable to your purchase of photographic prints, digital downloads, photo products, and other merchandise through the Services. By ordering products through the Services, you agree to be bound by and accept the Terms of Sale.

Copyright Policy

PhotosByFOV respects the intellectual property rights of others and expects its users to do the same. To that end, all PhotosByFOV users and clients are subject to the Copyright Policy set forth in Section 19 below.

Booking and Appointment Policy

When you book a photography session or appointment through our Services, you agree to our booking policies, including payment requirements, cancellation and rescheduling terms, session preparation requirements, and client responsibilities during photography sessions.

1.2 License to Use the Site

The PhotosByFOV Services and all images, photographs, software, platforms, tools, graphics, data, text, code, logos, trademarks, and other content and materials available on the Services (excluding User Content as defined below) and the selection and arrangement thereof (collectively, the "PhotosByFOV Materials") are the property of PhotosByFOV or its third-party licensors and are protected by United States and international intellectual property laws, including copyright laws.

PhotosByFOV hereby grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the PhotosByFOV Materials solely in accordance with these Terms of Service and solely for your personal, non-commercial use. Except for the limited licenses granted herein, PhotosByFOV reserves all rights not expressly granted, and no such additional rights may be implied.

You acknowledge that:

(i) All right, title, and interest in and to the PhotosByFOV Materials, including all patents, copyrights, trade secrets, trademarks, and other proprietary rights embodied therein or associated therewith, are and will remain with PhotosByFOV or its third-party licensors;

(ii) No right or interest in the PhotosByFOV Materials is conveyed other than the limited licenses granted herein;

(iii) The PhotosByFOV Materials are protected by copyright and other intellectual property laws;

(iv) PhotosByFOV asserts that the PhotosByFOV Materials embody valuable confidential and proprietary information of PhotosByFOV or its licensors, the development of which required the expenditure of considerable time, money, and creative effort.

1.3 Trademarks and Branding

You acknowledge that "PHOTOSBYFOV," "PHOTOS BY FOV," the PhotosByFOV logo, the look and feel of the Services, and any other product or service names, logos, or slogans of PhotosByFOV contained in the Services are trademarks of PhotosByFOV (collectively, the "PhotosByFOV Marks") and may not be copied, imitated, or used without the prior written permission of PhotosByFOV.

All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PhotosByFOV.

You may not use any PhotosByFOV Marks without our express prior written consent. Any unauthorized use of the PhotosByFOV Marks may violate copyright laws, trademark laws, privacy and publicity laws, and other applicable regulations and statutes.

1.4 Restrictions on Use

You agree that you will not:

(i) Modify, alter, or create derivative works of the PhotosByFOV Materials.

(ii) Decompile, disassemble, decode, or reverse engineer the PhotosByFOV Materials, translate the PhotosByFOV Materials, or otherwise attempt to learn the source code, structure, algorithms, or internal ideas underlying the PhotosByFOV Materials or reduce the PhotosByFOV Materials by any other means to a human-perceivable form.

(iii) Bypass, delete, or disable any copy protection mechanisms or any security mechanisms in the PhotosByFOV Materials.

(iv) Use the Services or the PhotosByFOV Materials for any illegal or unauthorized purpose.

(v) Violate any local, state, national, or international law or regulation in connection with your use of the Services.

(vi) Interfere with or disrupt the Services or servers or networks connected to the Services.

(vii) Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.

(viii) Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.

(ix) Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through the Services.

(x) Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or displayed on the Services.

(xi) Frame or mirror any part of the Services without our express prior written consent.

(xii) Use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.

Except as otherwise expressly permitted herein, you may not use the Services or the PhotosByFOV Materials to engage in any of the following prohibited activities:

1. The collection, copying, or distribution of any portion of the PhotosByFOV Materials;
2. Any resale, commercial use, commercial exploitation, distribution, public performance, or public display of the Services or the PhotosByFOV Materials.
3. Modifying or otherwise making any derivative uses of the Services or the PhotosByFOV Materials.
4. Scraping or otherwise using any data mining, robots, or similar data gathering or extraction methods on or in connection with the Services.
5. Except for content made available by PhotosByFOV for download, the downloading of any portion of the PhotosByFOV Materials or any information contained therein;
6. Any use of the Services or the PhotosByFOV Materials other than for their intended purposes.

Any use of the Services or of any PhotosByFOV Materials other than as specifically authorized herein, without the express prior written permission of PhotosByFOV, is strictly prohibited. Such unauthorized use may result in the immediate termination of your rights under these Terms of Service and will constitute a breach of the license granted herein. PhotosByFOV reserves the right to pursue all legal remedies available for such unauthorized use.

1.5 Hyperlinks

You may create a text hyperlink to the Site, provided such link does not portray PhotosByFOV or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by PhotosByFOV at any time. You may not frame the Site or utilize framing techniques to enclose the Site, PhotosByFOV Materials, PhotosByFOV Marks, or other proprietary information without PhotosByFOV's express prior written consent.

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by PhotosByFOV. PhotosByFOV has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. We do not warrant the offerings of any of these entities or individuals or their websites.

You acknowledge and agree that PhotosByFOV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

1.6 User Content and Photography

Client Photographs

When you participate in a photography session with PhotosByFOV, we create photographs and other creative works during that session. All photographs created by PhotosByFOV during any photography session, whether delivered to you or not, are the property of PhotosByFOV and are protected by United States and international copyright laws. You receive certain limited usage rights to the photographs as specified in your photography service agreement, but PhotosByFOV retains all copyrights and ownership rights to all photographs created.

Unless otherwise specified in a separate written agreement, you may use the photographs delivered to you for personal, non-commercial purposes only. You may not sell, license, publish, or otherwise commercially exploit the photographs without PhotosByFOV's express prior written consent.

Content You Submit

The Services may enable you to upload, post, and transmit photographs, images, text, information, comments, messages, or other content or materials (collectively, "User Content"). This may include photographs you provide for editing services, reference images, testimonials, or other communications with PhotosByFOV.

For any User Content that you submit to PhotosByFOV through the Services (excluding photographs taken by PhotosByFOV during photography sessions), you retain all intellectual property rights in and to such User Content. PhotosByFOV does not claim any ownership, right, title, or interest in and to your User Content.

However, by uploading, submitting, or posting any User Content to the Site or otherwise through the Services, you grant PhotosByFOV a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to use such User Content as is reasonably necessary to:

(i) Provide the Services you have requested.

(ii) Process your orders and fulfill your requests.

(iii) Communicate with you regarding your account, orders, or inquiries.

(iv) Improve our Services and develop new services.

(v) Comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities.

(vi) Disclose User Content without any compulsory legal process when PhotosByFOV believes there is a threat to life or limb.

(vii) Protect the rights, property, or safety of PhotosByFOV, our clients, or others.

In the absence of a legal requirement to do so, PhotosByFOV may refrain from notifying you of PhotosByFOV's disclosures to government authorities where such notification may jeopardize an important law enforcement investigation.

Your Representations and Warranties

You represent and warrant that:

(i) You own or otherwise control all the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute, and reproduce such User Content and to grant the rights granted herein.

(ii) The User Content you supply is accurate and not misleading.

(iii) The use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.

(iv) You have obtained all necessary permissions, releases, and consents for any individuals depicted in any User Content you submit, including model releases for any recognizable person and property releases for any private property depicted.

(v) Your User Content does not contain any confidential or proprietary information belonging to any third party.

(vi) Your User Content does not infringe upon any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party.

Portfolio and Marketing Use

Unless you specifically opt out in writing, you grant PhotosByFOV permission to use photographs from your photography session for portfolio display, marketing, advertising, social media, website display, promotional materials, competitions, and other business purposes. This includes but is not limited to display on our website, social media platforms (Instagram, Facebook, Pinterest, etc.), printed marketing materials, advertisements, and photography competitions or exhibitions.

If you wish to opt out of this marketing use, you must notify PhotosByFOV in writing at the time of booking your session or within seven (7) days after your session. Even if you opt out of general marketing use, PhotosByFOV retains the right to use photographs for internal business purposes, including but not limited to staff training, quality control, and business records.

1.7 Acceptable Use Policy

You are solely responsible for any User Content that you post, submit, or transmit using the Services, and you agree not to post, transmit, or otherwise publish through the Services any of the following:

1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national, or international law.
3. User Content that may infringe or violate any patent, trademark, trade secret, copyright, or other intellectual or other proprietary right of any party.
4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising, or solicitations.
6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, or other financial information.
7. Viruses, corrupted data, or other harmful, disruptive, or destructive files.
8. User Content that is objectionable, harmful, or which restricts or inhibits any other person from using or enjoying the Services, or which may expose PhotosByFOV or its clients to any harm or liability of any nature.
9. User Content containing nude or sexually explicit content, child sexual abuse material, or any content that exploits, sexualizes, or otherwise harms children.
10. User Content that contains false, misleading, or fraudulent information.
11. User Content that violates any applicable law, regulation, or third-party right.

PhotosByFOV's Rights Regarding User Content

Although we prohibit certain activities in these Terms of Service, PhotosByFOV does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Service. Your use of the Services is solely at your own risk. These Terms of Service do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions.

PhotosByFOV reserves the right (but is not obligated) to:

(i) Review or screen any User Content submitted to the Site or otherwise submitted through the Services.

(ii) Edit any User Content submitted through the Services to the extent necessary for technical or formatting purposes.

(iii) Remove or take down any User Content from the Services for any reason, at any time, without notice, at our sole discretion.

(iv) Report on any User Content or user activity that we believe violates applicable law to appropriate law enforcement authorities.

(v) Cooperate with law enforcement, regulatory authorities, and other governmental bodies in their investigations of illegal activity.

PhotosByFOV will have no liability or responsibility to users of the PhotosByFOV Services or any other person or entity for performance or nonperformance of such activities. PhotosByFOV's enforcement of the acceptable use provisions set forth in these Terms of Service with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.

1.8 Your Account and Security

Account Registration

Certain activities on the Services require you to register and create an account. To create an account, you must be 18 years of age or older. By registering for an account, you represent and guarantee that you are at least 18 years of age and that all information you provide in the registration form ("Registration Data") is complete and accurate.

PhotosByFOV reserves the right to refuse access to the Services to anyone at any time, with or without cause, at its sole discretion. You agree to keep your registered email addresses and other Registration Data current and complete, as PhotosByFOV may send important notices about your account from time to time. By registering for an account, you consent to receive communications from PhotosByFOV about the Services by email and/or system messages consistent with the terms of our Privacy Policy.

Account Security

You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer or mobile device while logged into the Services. You accept responsibility for all activities that occur under your user account.

You understand and acknowledge that any User Content or information contained in your account is accessible only to you (and PhotosByFOV for the purposes of providing Services to you) unless you choose to share such information with others. We use commercially reasonable security measures to protect your User Content and account information consistent with your account settings. We cannot, however, guarantee absolute security of your account, your User Content, or the Registration Data we collect, and we cannot promise that our security measures will prevent third-party "hackers" or other unauthorized parties from illegally accessing the Services or their contents.

PhotosByFOV is not responsible or liable for any third-party access to or use of your User Content, Registration Data, or account information. You agree to immediately notify PhotosByFOV of any unauthorized use of your account, passwords, or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content, and any other information you provide to PhotosByFOV.

If you suspect any unauthorized use of your account, please contact us immediately at wecare@photosbyfov.com or (925) 354-2990.

1.9 Third-Party Services and Payment Processors

PhotosByFOV may make third-party content and services available on or through the Services ("Third-Party Services") solely as a convenience to its users. This may include payment processors (such as Square, Stripe, PayPal, or other payment gateways), printing laboratories, digital delivery services, scheduling platforms, and other service providers.

PhotosByFOV does not indicate affiliation, approval, or control of any Third-Party Services by making such Third-Party Services available via PhotosByFOV Services. PhotosByFOV makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership, or reliability of Third-Party Services.

YOUR USE OF ANY SUCH THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD-PARTY TERMS AND CONDITIONS AND THIRD-PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.

When you provide payment information to purchase products or services through our Site, that information may be processed by third-party payment processors. While we work with reputable payment processors and implement security measures, we are not responsible for the security of information you provide directly to such third-party payment processors. Your use of third-party payment processors is governed by their respective terms of service and privacy policies.

1.10 Communications and Notifications

By using our Services, registering for an account, booking an appointment, or making a purchase, you consent to receive electronic communications from PhotosByFOV. These communications may include:

• Order confirmations and receipts
• Appointment confirmations and reminders
• Updates regarding your photography session or order
• Responses to your inquiries
• Service announcements and updates
• Marketing and promotional communications (which you may opt out of at any time)
• Important notices regarding changes to our Terms of Service or Privacy Policy

You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in the email or by contacting us at wecare@photosbyfov.com. However, you cannot opt out of receiving transactional or service-related communications regarding your account, orders, or appointments.

Section 2: Photography Services

2.1 Booking and Appointments

Session Booking

When you book a photography session through our Services, you agree to provide accurate and complete information, including your name, contact information, preferred session date and time, session type, location preferences, and any special requests or requirements.

All photography sessions must be booked in advance. Session availability is subject to PhotosByFOV's schedule and confirmation. A session is not considered confirmed until you receive written confirmation from PhotosByFOV via email or through our booking system.

Session Fees and Deposits

Most photography sessions require a session fee and/or deposit at the time of booking. Session fees are non-refundable and are separate from the cost of any photographs, prints, or products you choose to purchase after your session. Session fees cover the photographer's time, expertise, creative services, session planning, and basic image editing.

The session fee and deposit requirements vary depending on the type of photography service you book. Specific session fees and deposit amounts will be communicated to you at the time of booking and confirmed in your booking confirmation.

Payment Requirements

All session fees and deposits must be paid in full before your scheduled session date unless otherwise agreed to in writing. We accept payment via credit card, debit card, and other payment methods as made available through our payment processors. Full payment for any products or additional services is due at the time of order unless otherwise specified in your service agreement.

2.2 Cancellation and Rescheduling Policy

Client Cancellations

If you need to cancel your photography session, you must notify PhotosByFOV as soon as possible. Cancellation policies are as follows:

• Cancellations made more than fourteen (14) days prior to your scheduled session date: Session fee/deposit will be refunded minus a $50 administrative fee, or you may reschedule your session to another available date at no additional charge.
• Cancellations made between seven (7) and fourteen (14) days prior to your scheduled session date: 50% of your session fee/deposit will be refunded, or you may reschedule your session to another available date with a $75 rescheduling fee.
• Cancellations made less than seven (7) days prior to your scheduled session date: No refund will be provided. You may reschedule your session one time to another available date with a rescheduling fee equal to 50% of your original session fee.
• Cancellations made within 48 hours of your scheduled session or failure to appear ("no-show"): No refund will be provided, and rescheduling is not permitted. Your session fee/deposit is forfeited.

Rescheduling

If you need to reschedule your session, please contact PhotosByFOV as soon as possible. Rescheduling requests are subject to photographer availability and the cancellation/rescheduling fees outlined above. You may reschedule your session up to two (2) times. If you need to reschedule more than twice, you will be required to pay an additional session fee to book a new session.

Weather-Related Cancellations

For outdoor photography sessions, PhotosByFOV reserves the right to cancel or reschedule your session due to inclement weather, unsafe conditions, or other circumstances beyond our control. If PhotosByFOV cancels your session due to weather or other unforeseen circumstances, you will be given the option to reschedule to another available date at no additional charge, or you may request a full refund of any session fees or deposits paid.

PhotosByFOV Cancellations

PhotosByFOV reserves the right to cancel any photography session due to photographer illness, emergency, equipment failure, unsafe conditions, or other unforeseen circumstances. In the event PhotosByFOV cancels your session, we will make every reasonable effort to notify you as soon as possible and offer you the option to reschedule to another available date or receive a full refund of any session fees or deposits paid. PhotosByFOV's liability for such cancellations is limited to the refund of session fees or deposits paid and does not include any consequential damages or other losses you may incur.

2.3 Session Conduct and Client Responsibilities

Punctuality

Please arrive on time for your scheduled photography session. Late arrivals may result in a shortened session time, as we must maintain our schedule for subsequent appointments. If you arrive more than fifteen (15) minutes late, PhotosByFOV reserves the right to cancel your session, and your session fee will be forfeited.

Session Preparation

You are responsible for preparing appropriately for your photography session. This includes:

• Selecting and bringing appropriate clothing and accessories
• Ensuring all participants are ready and prepared at the start of the session
• Communicating any special requests, concerns, or needs in advance
• Obtaining necessary permissions if the session takes place on private property
• Following any preparation guidelines provided by PhotosByFOV

Behavior and Cooperation

You agree to cooperate with PhotosByFOV during your photography session and to follow reasonable directions regarding posing, lighting, location, and other aspects of the session. PhotosByFOV reserves the right to terminate any session if a client or session participant engages in abusive, threatening, inappropriate, or uncooperative behavior. In such cases, no refund will be provided.

Children and Minors

For photography sessions involving children under the age of 18, a parent or legal guardian must be present during the entire session. The parent or legal guardian is responsible for the behavior and safety of all minors during the session.

Location and Permits

If your photography session takes place at a location that requires permits, access fees, or special permissions (such as state parks, private venues, or commercial properties), you are responsible for obtaining all necessary permits and permissions and paying any associated fees unless otherwise agreed to in writing. PhotosByFOV is not responsible for any fees, fines, or penalties incurred due to lack of proper permits or permissions.

2.4 Creative Control and Image Delivery

Artistic License

PhotosByFOV retains full creative control over all aspects of your photography session, including but not limited to posing, lighting, location selection, composition, editing, color correction, and final image selection. While we welcome your input and will make reasonable efforts to accommodate your preferences and requests, the final creative decisions rest with PhotosByFOV.

Image Selection and Editing

Following your photography session, PhotosByFOV will select, edit, and deliver images according to the package or service you purchased. The number of edited images delivered will be specified in your service agreement or package description. PhotosByFOV reserves the right to determine which images from your session are edited and delivered to you.

All images delivered to you will be edited according to PhotosByFOV's standard editing process, which may include but is not limited to color correction, exposure adjustment, cropping, and light retouching. Advanced retouching services (such as extensive skin smoothing, body reshaping, background replacement, or object removal) may be available for an additional fee.

You may not request unedited or "raw" image files unless specifically included in your service package. PhotosByFOV does not provide unedited images, as they do not represent the quality and style of our work.

Image Delivery Timeline

PhotosByFOV will deliver your edited images within the timeframe specified in your service agreement, typically within two (2) to four (4) weeks after your session date, though delivery times may vary depending on session type and current workload. Specific delivery timelines will be communicated to you at the time of booking.

Rush delivery may be available for an additional fee, subject to photographer availability. If you require expedited delivery, please contact PhotosByFOV to discuss options and fees.

Delivery Method

Images will be delivered digitally via online gallery, downloadable link, or other electronic delivery method specified in your service agreement. Physical delivery of prints, albums, or other products will be subject to the terms in Section 3 (Terms of Sale) below.

You are responsible for downloading your images within the specified timeframe (typically 90 days from delivery). PhotosByFOV is not responsible for maintaining your images indefinitely and may remove your online gallery after the specified download period. It is your responsibility to download, back up, and store your images.

2.5 Copyright and Usage Rights

Copyright Ownership

All photographs and creative works created by PhotosByFOV are the exclusive property of PhotosByFOV and are protected by United States and international copyright laws. PhotosByFOV retains all rights, title, and interest in and to all photographs created during your session, including but not limited to copyrights, publication rights, and the right to use the photographs for any purpose.

Client Usage Rights

Upon full payment of all fees, you are granted a limited, non-exclusive, non-transferable license to use the photographs delivered to you for personal, non-commercial purposes. Unless otherwise specified in a separate written agreement, this license permits you to:

• Display the photographs in your home
• Share photographs with friends and family
• Post the photographs on personal social media accounts (with photo credit to PhotosByFOV)
• Order prints for personal use
• Create personal photo gifts and keepsakes

Usage Restrictions

Unless you have purchased commercial usage rights through a separate written agreement, you may NOT:

• Use the photographs for any commercial purpose
• Sell, license, or sublicense the photographs
• Use photographs in advertising, marketing, or promotional materials
• Alter, edit, or modify the photographs (including cropping, filters, or adding text) without PhotosByFOV's written consent
• Remove or obscure any copyright notices, watermarks, or photographer credits
• Transfer your usage rights to any third party
• Enter the photographs in competitions or contests without PhotosByFOV's written consent
• Use photographs in any way that violates applicable laws or third-party rights

Commercial Usage Rights

If you require commercial usage rights for the photographs, you must purchase such rights through a separate written commercial license agreement with PhotosByFOV. Commercial usage rights are not included in standard photography session packages and require additional fees. Contact PhotosByFOV to discuss commercial licensing options.

Third-Party Editing Prohibited

You may not have the photographs edited, altered, or modified by any third party without PhotosByFOV's express written consent. This includes but is not limited to color correction, retouching, cropping, manipulation, or the addition of filters, text, or other elements. Any unauthorized editing or alteration of the photographs is a violation of PhotosByFOV's copyright and these Terms of Service.

Photo Credit Requirement

When sharing or displaying photographs created by PhotosByFOV, you must provide appropriate photo credit to PhotosByFOV. When posting on social media, you should tag @photosbyfov (or our relevant social media handle) and/or include text credit such as "Photos by FOV" or "Photographer: Felipe Ortiz / PhotosByFOV.com."

2.6 Model Release and Publicity Rights

By participating in a photography session with PhotosByFOV and unless you specifically opt out in writing as described in Section 1.6 above, you grant PhotosByFOV an unrestricted, worldwide, perpetual, royalty-free license to use your name, likeness, image, voice, and photographs created during your session for any lawful purpose, including but not limited to:

• Display on PhotosByFOV.com and other PhotosByFOV websites
• Social media marketing and promotion
• Print and digital advertising
• Portfolio display
• Marketing materials and brochures
• Blog posts and articles
• Photography competitions and exhibitions
• Educational purposes
• Any other business or promotional purpose

You waive any right to inspect or approve the finished photographs or any printed or electronic matter that may be used in conjunction with them, or the use to which they may be applied.

You release PhotosByFOV and its representatives, licensees, and assigns from any claims, damages, or liability arising from or related to the use of your name, likeness, image, or photographs as described herein.

For minors under the age of 18, the parent or legal guardian grants this model release and publicity rights license on behalf of the minor.

If you wish to opt out of this marketing and promotional use, you must provide written notice to PhotosByFOV at wecare@photosbyfov.com at the time of booking or within seven (7) days after your session.

2.7 Limitation of Liability for Photography Services

PhotosByFOV will make every reasonable effort to provide high-quality photography services and deliver beautiful photographs that meet or exceed your expectations. However, photography is an artistic service, and results may vary. PhotosByFOV does not guarantee that you will be satisfied with the photographs or that the photographs will meet your subjective expectations.

Equipment Failure and Force Majeure

PhotosByFOV is not liable for any failure to perform services due to equipment failure, equipment malfunction, technical difficulties, acts of God, extreme weather, acts of terrorism, riots, labor disputes, accidents, illness, or any other cause beyond PhotosByFOV's reasonable control. In the event of such circumstances, PhotosByFOV's sole obligation is to return any session fees or deposits paid (minus any non-refundable costs already incurred) or to reschedule the session at no additional charge, at PhotosByFOV's discretion.

Lost or Damaged Images

While PhotosByFOV implements backup procedures and takes reasonable precautions to preserve your images, PhotosByFOV is not liable for images that are lost, damaged, or corrupted due to equipment failure, software failure, technical malfunction, or other circumstances beyond PhotosByFOV's control. It is your responsibility to download, back up, and store your images upon delivery.

Limitation of Damages

In no event shall PhotosByFOV be liable for any consequential, incidental, indirect, special, or punitive damage arising from or related to your photography session or the photographs created, including but not limited to loss of irreplaceable moments, emotional distress, lost profits, or any other damages, even if PhotosByFOV has been advised of the possibility of such damages.

PhotosByFOV's total liability to you for any claims arising from or related to photography services shall not exceed the total amount you paid to PhotosByFOV for the specific session at issue.

Section 3: Terms of Sale for Products

These Terms of Sale form a part of the Terms of Service applicable to your purchase of any photographic prints, digital downloads, photo products, or other merchandise through PhotosByFOV Services. Other than as specifically provided in any separate written agreement between you and PhotosByFOV, these Terms of Sale may not be altered, supplemented, or amended using any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Service, these Terms of Sale will control.

3.1 Product Offerings

PhotosByFOV offers various products for purchase, including but not limited to:

• Digital image downloads (high-resolution digital files)
• Photographic prints in various sizes and finishes
• Canvas prints and gallery wraps
• Framed prints
• Photo albums and books
• Photo gifts and specialty products
• Print collections and packages

Product offerings, specifications, sizes, and availability are subject to change without notice. Not all products may be available for all photography sessions or images.

3.2 Pricing and Payment

Product Pricing

All prices displayed on our website or communicated to you through other means are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax, shipping, or handling fees unless otherwise specified.

PhotosByFOV reserves the right to change product prices at any time. However, if you have already placed an order and received an order confirmation, the price stated in your order confirmation will apply to that order, even if prices subsequently change.

Payment Terms

Payment is due in full at the time you place your order unless otherwise agreed to in writing. We accept payment via credit card, debit card, and other payment methods as made available through our payment processors.

You are responsible for any taxes that you are obligated to pay or PhotosByFOV may collect from you in connection with your purchase of products. If you do not pay the sales tax or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and PhotosByFOV reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, PhotosByFOV may be required to collect and remit sales tax in connection with your purchase of products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

You agree to reimburse PhotosByFOV for any and all costs incurred in collecting amounts owed by you to PhotosByFOV, including, without limitation, attorneys' fees and costs of collection agencies.

3.3 Digital Downloads

Digital Image Delivery

Digital image downloads will be made available to you through our online gallery, downloadable link, or other electronic delivery method upon PhotosByFOV's receipt of your full payment. You will receive instructions on how to access and download your digital images via email.

Digital downloads are typically high-resolution JPEG files suitable for printing and are delivered at the resolution and file format specified in your product description or service agreement.

Download Period

You are responsible for downloading your digital images within the specified timeframe, typically ninety (90) days from the date they are made available to you. After this period, PhotosByFOV may remove the images from our servers, and they may no longer be available for download. PhotosByFOV is not responsible for maintaining your digital images indefinitely.

Backup and Storage

It is your sole responsibility to download, back up, and store your digital images. PhotosByFOV is not responsible for providing additional copies of digital images after the initial download period expires. If you lose or accidentally delete your digital images, PhotosByFOV may be able to provide replacement copies for a re-delivery fee, subject to availability.

Print Release

Digital image purchases typically include a print release, granting you permission to print the images for personal use through a professional printing lab or photo printing service of your choice. You may not use digital images for commercial purposes unless you have purchased commercial usage rights through a separate written commercial license agreement.

3.4 Physical Product Orders and Shipping

Order Processing

Physical product orders (prints, canvases, albums, etc.) will be processed and fulfilled by PhotosByFOV or by approved third-party printing laboratories and vendors. Order production and fulfillment typically takes two (2) to four (4) weeks, though production times may vary depending on product type and current production volume.

Specific production and delivery timelines will be communicated to you at the time of order. Custom products, specialty items, or large orders may require additional production time.

Shipping Terms and Policies

PhotosByFOV will use commercially reasonable efforts (and our third-party vendors will use commercially reasonable efforts) to ship all orders for physical products within the estimated delivery time applicable to various methods of shipping available at the time you place your order.

PhotosByFOV is not responsible for any delays in shipping or delivery caused by shipping carriers, customs delays (for international orders), weather conditions, or other circumstances beyond PhotosByFOV's reasonable control. PhotosByFOV or our third-party vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion.

All shipping charges are your responsibility unless otherwise specified. Shipping charges will be included in your shopping cart and can be viewed prior to finalizing your order. The shipping charge shown during the product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

All orders are shipped FOB shipping point. Title to the physical products passes from PhotosByFOV to you upon shipment. Risk of loss and damage transfers to you upon delivery to the shipping carrier.

Shipping Address

You are responsible for providing an accurate and complete shipping address. PhotosByFOV is not responsible for orders shipped to an incorrect address provided by you or for orders that are undeliverable due to an incorrect or incomplete address. If your order is returned to PhotosByFOV due to an incorrect address or delivery failure, you may be charged a reshipment fee to resend the order.

Damaged or Lost Shipments

If your order arrives damaged, you must notify PhotosByFOV within five (5) business days of receipt and provide photographic evidence of the damage. PhotosByFOV will work with you to resolve the issue by providing a replacement product or issuing a refund, at PhotosByFOV's discretion.

If your order is lost in transit, please contact PhotosByFOV, and we will work with the shipping carrier to locate your order or file a claim. If the order cannot be located, PhotosByFOV will provide a replacement product or issue a refund, at PhotosByFOV's discretion.

International Orders

International orders may be subject to customs duties, taxes, tariffs, and fees imposed by the destination country. You are responsible for all such customs duties, taxes, tariffs, and fees. PhotosByFOV is not responsible for any delays caused by customs clearance procedures. Please check with your country's customs office to determine what these additional costs will be prior to placing your order.

3.5 Return and Refund Policy

Satisfaction Guarantee

PhotosByFOV unconditionally guarantees your satisfaction with any physical products that you purchase through the Services. If you are unsatisfied with any prints, canvases, albums, or other physical products you have purchased from PhotosByFOV, we will gladly accept the return of any product you have ordered for any reason within thirty (30) days of your receipt of the product.

Return Procedure

To initiate a return, you must contact PhotosByFOV at wecare@photosbyfov.com within thirty (30) days of receiving your product and provide your order number, a description of the issue, and photographic evidence if the product is damaged or defective. Upon approval of your return request, PhotosByFOV will provide you with return instructions.

You must return the product in its original condition, unused and undamaged (except for defects or damage that existed upon receipt). You are responsible for return shipping costs unless the product arrived damaged or defective.

Refunds and Replacements

Upon completion of the return procedure and receipt of the returned product, PhotosByFOV will, at your option, either:

(i) Send you a replacement product of the same type; or

(ii) Issue you a full refund of the purchase price paid for such product.

Refunds will be issued to the original payment method within ten (10) business days of receiving the returned product. We do not provide refunds for original shipping costs unless your order arrived damaged or defective.

Digital Downloads

If you are unsatisfied with a digital download, please contact PhotosByFOV at wecare@photosbyfov.com. PhotosByFOV may, at its sole discretion, issue you a full refund of the purchase price paid for such digital download depending on the circumstances. Generally, digital downloads are non-refundable once delivered, as they cannot be "returned." However, if there is a technical issue with the file, image quality issue, or other legitimate concern, PhotosByFOV will work with you to resolve the issue.

Non-Returnable Items

Custom or personalized products that are made to your specifications may not be returnable unless they arrive damaged or defective.

3.6 Product Descriptions, Pricing, and Errors

PhotosByFOV strives to maintain accurate information on the Services and to eliminate any errors. However, we do not warrant that product descriptions, photographs, pricing, or other PhotosByFOV Materials are accurate, complete, reliable, current, or error-free.

All weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our product offerings, including the applicable colors and finishes, please note that the actual appearance of a product may vary due to differences in monitor settings, printer calibration, paper types, and other factors. PhotosByFOV cannot guarantee that your computer or mobile device will accurately display all product colors and finishes.

PhotosByFOV and our third-party vendors reserve the right to format, resize, crop, or otherwise modify images as may be required to fit the specifications of a particular product. For example, images may be cropped to fit standard print sizes, or images may be resized to fit product templates for photo books or specialty items.

Correction of Errors

In the event of an error, whether contained in the Services, in an order confirmation, in processing an order, or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order. If we cancel your order due to a pricing or other error, we will notify you and issue a full refund of any amounts charged. Your sole remedy in the event of such error is to cancel your order or accept the corrected pricing.

3.7 Product Availability

PhotosByFOV or our third-party vendors may revise or discontinue product options at any time without prior notice, and products may become unavailable even after an order is placed. All prices are subject to change without notice.

If a product you have ordered becomes unavailable after you place your order, PhotosByFOV will notify you and offer you the option to:

(i) Select a substitute product of equal or greater value;

(ii) Wait for the product to become available again (if applicable); or

(iii) Receive a full refund of the purchase price for the unavailable product.

Section 4: Disclaimers and Warranties

4.1 Disclaimer of Warranties

THE SITE, SERVICES, THE PHOTOSBYFOV MATERIALS, PHOTOGRAPHY SERVICES, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PHOTOSBYFOV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE PHOTOSBYFOV MATERIALS, PHOTOGRAPHY SERVICES, AND THE PRODUCTS.

PHOTOSBYFOV DOES NOT REPRESENT OR WARRANT THAT THE PHOTOSBYFOV MATERIALS, THE SERVICES, OR PHOTOGRAPHY SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS, OR EMAIL SENT FROM PHOTOSBYFOV OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PHOTOSBYFOV IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHS, OR PRODUCT DESCRIPTIONS. PHOTOSBYFOV ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY, OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.

PHOTOSBYFOV DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PHOTOGRAPHY IS AN ARTISTIC SERVICE, AND PHOTOSBYFOV MAKES NO GUARANTEES REGARDING YOUR SUBJECTIVE SATISFACTION WITH PHOTOGRAPHS OR PHOTOGRAPHY SERVICES. RESULTS MAY VARY, AND PHOTOGRAPHS MAY NOT MEET YOUR SUBJECTIVE EXPECTATIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH PHOTOGRAPHY SERVICES IS TO DECLINE TO PURCHASE PRODUCTS OR, FOR PHYSICAL PRODUCTS, TO RETURN THEM IN ACCORDANCE WITH THE RETURN POLICY.

Section 5: Limitation of Liability

IN NO EVENT WILL PHOTOSBYFOV OR ITS OWNER, EMPLOYEES, CONTRACTORS, AGENTS, OR THIRD-PARTY VENDORS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, EMOTIONAL DISTRESS, LOSS OF IRREPLACEABLE MOMENTS OR MEMORIES, OR ANY OTHER ECONOMIC OR NON-ECONOMIC DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR ACCESS THE SITE, THE SERVICES, PHOTOGRAPHY SERVICES, THE PRODUCTS, THE USER CONTENT, OR THE PHOTOSBYFOV MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM PHOTOSBYFOV, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY TERMINATION, SUSPENSION, OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PHOTOSBYFOV'S RECORDS, PROGRAMS, OR SERVICES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF PHOTOSBYFOV, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, PHOTOGRAPHY SERVICES, THE PRODUCTS, THE USER CONTENT, OR THE PHOTOSBYFOV MATERIALS, EXCEED THE TOTAL COMPENSATION YOU PAID, IF ANY, TO PHOTOSBYFOV FOR THE SPECIFIC SERVICE OR PRODUCT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, PHOTOSBYFOV'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF PHOTOSBYFOV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Section 6: Indemnification

You agree to defend, indemnify, and hold harmless PhotosByFOV and Felipe Ortiz, and their respective independent contractors, service providers, consultants, employees, agents, successors, and assigns (collectively, the "Indemnified Parties"), from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

(i) Any User Content you post, upload, or otherwise transmit on or through the Services.

(ii) Your use of or inability to use the Services.

(iii) Your participation in a photography session.

(iv) Your purchase or use of products or services.

(v) Your conduct in connection with the Services or with other users of the Services.

(vi) Your violation of these Terms of Service.

(vii) Your violation of the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.

(viii) Your violation of any applicable law, rule, or regulation.

(ix) Any claim that your User Content caused damage to a third party.

(x) Any actual or threatened suit, demand, or claim made against any of the Indemnified Parties arising out of or relating to your User Content, your conduct, your violation of these Terms of Service, or your violation of the rights of any third party.

This indemnification obligation will survive the termination of these Terms of Service and your use of the Services.

Section 7: Cooperation with Law Enforcement

PhotosByFOV will cooperate with law enforcement agencies, regulatory authorities, and other governmental bodies in their investigations of illegal activity or violations of applicable laws. This may include providing user information, content, and other data as required by law, regulation, subpoena, court order, or other legal process.

PhotosByFOV reserves the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement authorities, regulators, or other appropriate third parties. Such reporting may include disclosing appropriate customer information. PhotosByFOV also reserves the right to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.

In certain circumstances, PhotosByFOV may disclose your information without notice to you when we believe in good faith that disclosure is necessary to:

(i) Comply with legal process or government requests.

(ii) Enforce these Terms of Service.

(iii) Protect the rights, property, or safety of PhotosByFOV, our users, or the public.

(iv) Respond to claims that any content violates the rights of third parties.

(v) Respond to your requests for customer service.

(vi) Protect against fraud or other illegal activity.

Section 8: Data Retention and Backups

8.1 Your Responsibility for Backups

YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT, DIGITAL IMAGES, OR OTHER CONTENT YOU UPLOAD, POST, RECEIVE, OR MAKE AVAILABLE THROUGH THE SERVICES AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR CONTENT, USER CONTENT, OR DIGITAL IMAGES. PHOTOSBYFOV IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS, CORRUPTION, DELETION, OR BREACH OF YOUR USER CONTENT, DIGITAL IMAGES, OR OTHER CONTENT IN CONNECTION WITH YOUR USE OF THE PHOTOSBYFOV SERVICES.

8.2 PhotosByFOV's Data Retention

PhotosByFOV uses third-party service providers and vendors to host and store data, including photographs, client information, and other content. We may require our vendors to maintain certain standards with respect to data storage and security, but PhotosByFOV does not guarantee that your content will be secure and/or available at all times.

PhotosByFOV maintains photographs and client data in accordance with our internal data retention policies. However, PhotosByFOV does not guarantee that your photographs, User Content, or other data will be available on the Services indefinitely. It is your sole responsibility to download, back up, and maintain your own copies of any digital images or other content delivered to you.

8.3 Data Deletion

When User Content, digital images, or other files are deleted from our systems (or when your account is cancelled or terminated), those files will be deleted as soon as reasonable pursuant to PhotosByFOV's data destruction policies and cannot be recovered by PhotosByFOV or any third-party vendor following deletion.

If you request deletion of your account or specific content, we will make reasonable efforts to delete such information from our active systems within a reasonable timeframe. However, some information may remain in backup systems, archives, or other storage for a limited time before being permanently deleted. Additionally, we may retain certain information as required by law or for legitimate business purposes (such as financial records for tax purposes).

Section 9: Account Termination and Suspension

9.1 Termination by You

You may terminate your account at any time by contacting PhotosByFOV at wecare@photosbyfov.com and providing clear written notice of your request to terminate. When PhotosByFOV receives your termination request, we will terminate your account and notify you of such termination via email.

If you terminate your account, such termination will be effective immediately upon your receipt of confirmation from PhotosByFOV. Upon termination, your right to access and use the Services will immediately cease. You will remain responsible for any outstanding payments, fees, or other obligations incurred prior to termination.

9.2 Termination by PhotosByFOV

PhotosByFOV may terminate your account, or any user's access to and use of the Services, at any time for any reason or no reason, at its sole discretion, which such termination will be effective immediately. Without limiting the generality of the foregoing, PhotosByFOV may terminate your account if you violate these Terms of Service, engage in fraudulent activity, abuse or harass our staff or other users, fail to pay amounts owed, or for any other reason at our sole discretion.

If PhotosByFOV terminates your account due to your violation of these Terms of Service, you will not be entitled to any refund of fees or other amounts previously paid.

9.3 Effects of Termination

Upon termination of your account for any reason:

(i) Your right to access and use the Services will immediately cease.

(ii) You will no longer have access to any content, data, or information associated with your account.

(iii) PhotosByFOV may delete your account information, User Content, and any other data associated with your account in accordance with our data retention policies.

(iv) You will remain bound by all provisions of these Terms of Service that by their nature should survive termination, including but not limited to warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

(v) You will remain obligated to pay any outstanding fees, charges, or other amounts owed to PhotosByFOV.

PhotosByFOV is not liable to you or any third party for termination of your account or termination of your access to the Services.

9.4 No Refunds Upon Termination

All fees paid to PhotosByFOV are non-refundable except as expressly provided in these Terms of Service. Upon termination, cancellation, or discontinuation of your account or services for any reason, you will not be entitled to receive a refund for any fees or other amounts previously charged to you.

Section 10: Intellectual Property Rights

10.1 PhotosByFOV's Intellectual Property

All content, materials, photographs, designs, text, graphics, logos, images, video, audio, software, data compilations, and other materials included in or made available through the Services (collectively, "PhotosByFOV Intellectual Property") are owned by PhotosByFOV or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any PhotosByFOV Intellectual Property, except as expressly permitted in these Terms of Service.

10.2 Copyright Infringement

PhotosByFOV respects the intellectual property rights of others and expects users to do the same. You may not upload, post, or otherwise make available through the Services any content that infringes the copyright, trademark, or other intellectual property rights of any third party.

If you believe that any content available through the Services infringes your copyright, please notify us in accordance with the procedures in Section 19 (Copyright Policy) below.

10.3 Trademarks

"PhotosByFOV," "Photos By FOV," and all related names, logos, product and service names, designs, and slogans are trademarks of PhotosByFOV or its affiliates. You may not use such marks without the prior written permission of PhotosByFOV. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Section 11: Feedback and Suggestions

We welcome feedback, suggestions, ideas, and other communications regarding the Services and our business ("Feedback"). By providing Feedback to PhotosByFOV, you grant PhotosByFOV a royalty-free, sublicensable, transferable, perpetual, irrevocable, worldwide license to use, reproduce, modify, distribute, display, perform, and otherwise exploit such Feedback in any manner and for any purpose related to the operation of our business, without compensation or attribution to you.

You represent and warrant that any Feedback you provide:

(i) Is original to you or you have the right to provide such Feedback.

(ii) Does not infringe or violate any third-party rights.

(iii) Does not contain any confidential or proprietary information of any third party.

You waive any and all moral rights you may have in any Feedback you provide to PhotosByFOV.

Section 12: Force Majeure

PhotosByFOV shall not be liable for any failure or delay in performing its obligations under these Terms of Service if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or other labor disputes, equipment failure, telecommunications failures, power failures, or failures of third-party service providers.

In the event of any such delay or failure to perform, PhotosByFOV's performance will be suspended for the duration of such force majeure event, and PhotosByFOV will have a reasonable period of time after the force majeure event ends to resume performance.

Section 13: Assignment

These Terms of Service are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. You may not assign your rights or obligations under these Terms of Service without PhotosByFOV's prior written consent. PhotosByFOV may freely assign its rights and obligations under these Terms of Service at its sole discretion, including in connection with a merger, acquisition, sale of assets, or other corporate transactions.

Section 14: Severability

If any provision of these Terms of Service is held invalid, illegal, or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Service will remain in full force and effect. If legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties' intent.

Section 15: Waiver

No waiver of any provision of these Terms of Service shall be deemed a further or continuing waiver of such provision or any other provision. PhotosByFOV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Section 16: Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies, agreements, or terms referenced herein or provided to you in connection with specific services or products, constitute the entire agreement between you and PhotosByFOV regarding the use of the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Section 17: Survival

The terms and conditions of these Terms of Service which by their nature are intended to survive termination or expiration of your use of the Services (including, but not limited to, warranty disclaimers, limitation of liability, indemnification, dispute resolution, intellectual property provisions, and payment obligations) will survive any expiration or termination of these Terms of Service.

Section 18: Dispute Resolution

18.1 Applicable Law

Your use of the Services is subject to all applicable local, state, national, and international laws and regulations. These Terms of Service and your use of the Services will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law provisions.

18.2 Agreement to Arbitrate and Waiver of Representative Actions

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PHOTOSBYFOV AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 18, YOU ARE NOT PERMITTED TO USE THE PHOTOSBYFOV SERVICES.

You and PhotosByFOV agree to arbitrate any dispute arising from these Terms of Service or relating to the Services, Site, photography services, products, or PhotosByFOV Materials. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and PhotosByFOV agree:

(i) To notify each other of any dispute within thirty (30) days of when it arises by sending written notice to the other party at the addresses set forth in Section 21 (Contact Information) below.

(ii) To attempt informal resolution prior to any demand for arbitration, including by discussing the dispute in good faith through email, phone, or in-person meeting.

(iii) That any arbitration will occur in Contra Costa County, California, or by remote video conference if mutually agreed.

(iv) That arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by these Terms of Service. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

Other than class procedures and remedies described in these Terms of Service, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Notwithstanding the foregoing, this Section does NOT prevent the parties from seeking public injunctive relief in a court of competent jurisdiction, and you and PhotosByFOV are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

The arbitrator will not be bound by rulings in prior arbitrations involving different PhotosByFOV users but is bound by rulings in prior arbitrations involving the same PhotosByFOV user to the extent required by applicable law. The arbitrator's award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

18.3 Class Action Waiver

YOU AND PHOTOSBYFOV AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PHOTOSBYFOV AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PHOTOSBYFOV USERS.

18.4 Exceptions to Arbitration Agreement

Some jurisdictions may limit or prohibit arbitration agreements or class action waivers. If you are a resident of such a jurisdiction, the arbitration agreement and class action waivers above may not be applicable to you.

Unless you and PhotosByFOV agree otherwise, in the event that a court decides that any part of this Section 18 is invalid or unenforceable, you agree that any claim or dispute that has arisen or may arise between you and PhotosByFOV must be resolved exclusively by a state or federal court located in Contra Costa County, California. The remainder of the Terms of Service will continue to apply.

18.5 Consent to Jurisdiction and Venue

If arbitration does not apply to a particular dispute for any reason, you and PhotosByFOV agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Contra Costa County, California for the purpose of litigating all such claims or disputes. You and PhotosByFOV consent to venue in such courts and waive any objection to the jurisdiction or venue of such courts.

Section 19: Copyright Policy (DMCA)

In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, and other applicable laws, PhotosByFOV has adopted a policy of terminating, in appropriate circumstances and at PhotosByFOV's sole discretion, the accounts of users who are deemed to be repeat infringers.

PhotosByFOV may also, at its sole discretion, limit access to the website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. PhotosByFOV will respond to claims of copyright infringement committed using the Services that are reported to PhotosByFOV's Designated Copyright Agent, identified in the sample notice below.

If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

19.1 DMCA Notice of Alleged Infringement

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the PhotosByFOV Services by completing the following DMCA Notice of Alleged Infringement and delivering it to PhotosByFOV's Designated Copyright Agent.

Upon receipt of the Notice as described below, PhotosByFOV will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the PhotosByFOV Services.

DMCA Notice of Alleged Infringement ("Notice"):

1. Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the PhotosByFOV Services where such material may be found.
3. Provide your contact information, including your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Notice, with all items completed, to PhotosByFOV's Designated Copyright Agent: Attention: Copyright Agent

·       Felipe Ortiz / PhotosByFOV

·       Address: PO Box 1002, Brentwood, CA 94513

·       Email Address: wecare@photosbyfov.com

·       Phone Number: (925) 354-2990

19.2 Counter-Notification

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with PhotosByFOV by submitting written notification to our Designated Copyright Agent identified above.

A counter-notification must include the following:

1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or Contra Costa County, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

Upon receipt of a valid counter-notification, PhotosByFOV will forward it to the party who submitted the original DMCA notification. The original complainant will then have ten (10) business days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive such notice, we may restore the removed material.

Section 20: International Users

PhotosByFOV is located in the State of California in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with PhotosByFOV occur in the United States. You are responsible for compliance with all applicable laws, rules, and regulations applicable to your use of the Services in your jurisdiction.

The Services are intended for users in the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. PhotosByFOV makes no representation that the Services, or any content, materials, products, or services offered through the Services, are appropriate or available for use in locations outside the United States.

Section 21: Contact Information

If you have any questions, concerns, complaints, or comments in any way related to your use of the Services, please contact us:

·       Felipe Ortiz / PhotosByFOV

·       Email: wecare@photosbyfov.com

·       Phone: (925) 354-2990

·       Mailing Address: PO Box 1002, Brentwood, CA 94513

For copyright infringement notices, please see Section 19 (Copyright Policy) above.

For customer service inquiries, booking questions, or general information, please email wecare@photosbyfov.com or call (925) 354-2990 during business hours.

PhotosByFOV is committed to keeping our clients happy and satisfied with their experience. We value your feedback and will make every reasonable effort to address your concerns promptly and professionally.

Effective Date and Last Updated: 10.28.25

By using PhotosByFOV.com or any PhotosByFOV services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.