Terms of Use

Effective September 7, 2026 · Last updated September 7, 2026

1. Agreement to These Terms

These Terms of Use ("Terms") are a binding agreement between you ("you," "your," or "User") and Bhagvat Daraji ("Photographer," "we," "us," or "our"), governing your access to and use of the photography portfolio website operated by the Photographer, including all galleries, pages, booking features, and online store (collectively, the "Site").

By accessing, browsing, purchasing from, or submitting a booking request through the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms incorporate by reference the Photography, Media Credentials, Copyright & Public Event Notice ("Photography Notice") and the Privacy Policy. Together, these three documents constitute the agreement between you and the Photographer.

Section 15 contains a limitation of liability, and Section 18 contains a governing-law and dispute-resolution provision. Please read them.

2. Eligibility

2.1 The Site is intended for users aged thirteen (13) and older. It is not directed to children under thirteen, and we do not knowingly collect personal information from them. See the Privacy Policy.

2.2 To make a purchase or enter a booking agreement, you must be at least eighteen (18) years of age and legally able to form a binding contract, or you must have your parent or legal guardian complete the transaction on your behalf.

2.3 By making a purchase, you represent that the payment method you use is lawfully yours to use.

3. License to Access the Site

Subject to these Terms, the Photographer grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for personal, non-commercial purposes.

This license does not include any right to download, copy, reproduce, distribute, sell, license, publicly display, modify, create derivative works from, scrape, mine, index (except as permitted in Section 12 of the Photography Notice), or otherwise exploit the Site or its content, except as expressly permitted in these Terms.

All rights not expressly granted are reserved.

4. Intellectual Property

4.1 The Site and all content on it — including photographs, video, text, layout, design, graphics, and code — are owned by the Photographer or the Photographer's licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

4.2 Ownership, permitted uses, and prohibited uses of photographs are set out in Sections 11 and 12 of the Photography Notice, which are incorporated here in full.

4.3 Third-party names, logos, uniforms, mascots, and marks appearing within photographs remain the property of their respective owners and are addressed in Section 13 of the Photography Notice.

5. Prohibited Conduct

You agree not to:

copy, download, reproduce, republish, distribute, sell, license, or publicly display any content from the Site except as expressly permitted;
remove, obscure, or alter any watermark, credit, copyright notice, or metadata;
use any automated system — including bots, spiders, crawlers, scrapers, or headless browsers — to access, monitor, index, or copy the Site, other than search-engine crawlers observing robots.txt;
use the Site or its content for text and data mining or for training, fine-tuning, grounding, or evaluating machine-learning or artificial-intelligence models;
frame, mirror, hotlink, or embed the Site or its content in a manner that presents it as another party's content;
circumvent, disable, or interfere with any security, access-control, watermarking, or download-prevention feature;
attempt to gain unauthorized access to the Site, its servers, or any related systems;
transmit malware, or take any action that imposes an unreasonable load on the Site's infrastructure;
use the Site to harass, stalk, threaten, defame, or infringe the rights of any person;
use contact information obtained from the Site to send unsolicited commercial communications;
misrepresent your identity or your relationship to a person depicted in a photograph, including for the purpose of obtaining or removing an image; or
use the Site in violation of any applicable law or regulation.

The Photographer may investigate suspected violations and may suspend or terminate access, cancel orders, and pursue available legal remedies.

6. Galleries and Depicted Individuals

6.1 Photographs displayed on the Site depict real people at real events. Your rights and obligations regarding those photographs are set out in the Photography Notice.

6.2 If you appear in a photograph, or are the parent or legal guardian of a depicted minor, you may request removal, restriction, or modification under Section 14 of the Photography Notice. That right exists independently of these Terms and is not conditioned on your agreement to them.

6.3 You may not download, repost, or redistribute a photograph of another person from the Site, even if you know that person, without the Photographer's permission and — where applicable — that person's consent.

7. Booking Requests and Photography Services

7.1 — Inquiries are not contracts. Submitting a booking inquiry, contact form, or request through the Site does not create a contract or reserve a date. No session, event, or shoot is booked until the Photographer confirms it in writing and any required retainer is received.

7.2 — Separate agreement. Photography services are governed by a separate written service agreement between you and the Photographer covering scope, deliverables, timeline, usage rights, and fees. If any term of that agreement conflicts with these Terms, the service agreement controls as to the services it covers.

7.3 — Retainers. Unless the service agreement states otherwise, a retainer paid to reserve a date is non-refundable, because it reserves a date the Photographer would otherwise make available to others. It is credited against the total fee.

7.4 — Rescheduling and cancellation. Rescheduling and cancellation terms, including any rescheduling window and any weather or force-majeure provisions, are set out in the service agreement.

7.5 — Copyright in commissioned work. Unless the service agreement expressly provides otherwise in writing, the Photographer retains copyright in all photographs created, and the client receives a license as described in that agreement. Commissioned work is not a "work made for hire" absent a signed written agreement expressly stating so.

7.6 — Deliverables. Editing style, selection of images, and the number of delivered images are within the Photographer's professional discretion, subject to any minimum stated in the service agreement. RAW files and unselected images are not delivered.

8. Purchases, Payment, and Stripe

8.1 — Products. The Site offers photographic prints and digital downloads for purchase. Additional restrictions on who may purchase images containing identifiable individuals — particularly minors — are set out in Section 8 of the Photography Notice and apply to every order.

8.2 — Payment processing. Payments are processed by Stripe, Inc. ("Stripe"). The Photographer does not receive, process, or store your full payment card number, CVC, or bank account credentials. Your use of Stripe is subject to Stripe's own terms and privacy policy. See the Privacy Policy for details.

8.3 — Pricing and currency. Prices are stated in U.S. dollars and are exclusive of applicable sales tax and shipping unless stated otherwise. Prices are subject to change without notice; the price displayed at checkout applies to your order.

8.4 — Order acceptance. Your submission of an order is an offer to purchase. No contract is formed until the Photographer accepts the order, which occurs when the order is confirmed or fulfilled. The Photographer may decline or cancel any order — including for pricing or product errors, suspected fraud, payment failure, or inconsistency with Section 8 of the Photography Notice — and will refund any amount charged for a declined or cancelled order.

8.5 — Errors. Prices, product descriptions, and availability may contain errors. The Photographer reserves the right to correct them and to cancel affected orders with a full refund.

8.6 — Taxes. You are responsible for any applicable sales, use, or import taxes and duties, except where the Photographer is required to collect them.

8.7 — Chargebacks. Please contact the Photographer before initiating a chargeback. Fraudulent or bad-faith chargebacks may result in suspension of access and recovery of associated fees.

9. Shipping, Prints, and Delivery

9.1 Prints are produced to order. Production and delivery estimates are estimates, not guarantees.

9.2 Risk of loss passes on delivery to the carrier. The Photographer is not responsible for carrier delays, damage in transit, or loss after delivery to a correct address, though we will assist in pursuing a carrier claim.

9.3 You are responsible for providing an accurate shipping address. Orders returned as undeliverable due to an incorrect address may be reshipped at your cost.

9.4 Reasonable variation in color, tone, and cropping between an on-screen preview and a physical print is inherent to printing and is not a defect. Screen calibration varies by device.

9.5 Digital downloads are delivered electronically. It is your responsibility to download the files within the period stated at checkout and to maintain your own backup.

10. License Granted With a Purchase

10.1 — Personal use license. Unless a written license expressly states otherwise, every print and digital download is sold with a perpetual, non-exclusive, non-transferable, worldwide license for personal, non-commercial use only.

10.2 — You may:

display the image in your home, office, or personal space;
print the image for personal use (for a digital download, at sizes up to the resolution provided);
share the image on personal social media accounts, provided the Photographer is credited and any watermark is left intact; and
include the image in personal keepsakes such as albums, yearbook submissions, or gifts to family.

10.3 — You may not:

resell, sublicense, or redistribute the image;
use the image in advertising, promotion, merchandise, or any commercial context;
use the image to depict, endorse, or promote a product, service, business, or organization;
alter the image and represent the result as the Photographer's work, or remove the Photographer's credit;
upload the image to a stock library, print-on-demand service, NFT platform, or AI training dataset; or
use the image in a manner that would violate the Photography Notice or the rights of any person depicted.

10.4 — Commercial licenses. Commercial, editorial, team, school, sponsor, and publication licenses are available separately. Contact bhagvatdaraji1@gmail.com.

10.5 — Purchase is not assignment. Purchase of a print or download does not transfer copyright, and does not convey any right of publicity in a person depicted.

11. Refunds and Cancellations

11.1 — Digital downloads. Because digital downloads are delivered immediately and cannot be returned, all sales of digital downloads are final once the file has been made available for download, except where the file is corrupt, incorrect, or does not match its description — in which case a replacement or refund will be provided.

11.2 — Prints. Prints are made to order. A print that arrives damaged, defective, or materially different from what was ordered will be replaced or refunded at the Photographer's election, provided you notify bhagvatdaraji1@gmail.com within fourteen (14) days of delivery and include photographs of the issue and the packaging. Prints are otherwise non-returnable.

11.3 — Order cancellation. An order may be cancelled for a full refund before production begins. Once production has begun, cancellation is at the Photographer's discretion.

11.4 — Sessions. Refunds for photography sessions are governed by the applicable service agreement and Section 7.

11.5 — Method. Refunds are issued to the original payment method through Stripe. Processing time depends on your bank or card issuer.

11.6 — Statutory rights. Nothing in this section limits any non-waivable right you have under applicable consumer-protection law.

12. Third-Party Services and Links

12.1 The Site may use or link to third-party services, including a payment processor, gallery or hosting platform, analytics provider, print lab, shipping carrier, and email provider.

12.2 The Photographer does not control and is not responsible for third-party services, their content, their availability, or their privacy and security practices. Your use of them is governed by their own terms.

12.3 Links to third-party sites are provided for convenience and do not imply endorsement.

13. Communications You Send Us

13.1 If you send the Photographer a message, inquiry, testimonial, review, or other communication, you grant the Photographer permission to read, store, and respond to it.

13.2 Do not send confidential information, sensitive personal information, health information, or government identification numbers through the Site or by email. Email is not a secure channel.

13.3 If you provide feedback or suggestions about the Site or services, the Photographer may use them without restriction, obligation, or compensation.

13.4 If you submit a testimonial or review and the Photographer wishes to publish it, the Photographer will obtain your permission first and will publish it accurately.

14. Disclaimer of Warranties

14.1 The Site and all content on it are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory.

14.2 To the fullest extent permitted by law, the Photographer disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14.3 The Photographer does not warrant that the Site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any defect will be corrected.

14.4 Nothing on the Site is legal advice. The Photography Notice describes the Photographer's practices and understanding of applicable law; it is not a legal opinion and should not be relied on as one.

14.5 Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, these exclusions apply to the maximum extent permitted.

15. Limitation of Liability

15.1 To the fullest extent permitted by law, the Photographer will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of goodwill, or business interruption, arising out of or relating to your use of the Site or these Terms, whether based in contract, tort, strict liability, or any other theory, and whether or not the Photographer has been advised of the possibility of such damages.

15.2 The Photographer's total aggregate liability arising out of or relating to the Site or these Terms will not exceed the greater of (a) the total amount you paid to the Photographer through the Site in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

15.3 These limitations do not apply to liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, or gross negligence, and do not limit any non-waivable statutory consumer right.

15.4 Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, liability is limited to the maximum extent permitted.

16. Indemnification

You agree to indemnify, defend, and hold harmless the Photographer from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

your breach of these Terms, the Photography Notice, or any license granted under Section 10;
your misuse of any photograph or other content from the Site;
your violation of any law or of any third party's rights, including intellectual property and privacy rights; or
any content or communication you submit to the Site.

17. Copyright Complaints

Notice-and-takedown procedures under 17 U.S.C. § 512 are set out in Section 15 of the Photography Notice and apply to these Terms.

18. Governing Law and Disputes

18.1 — Governing law. These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 — Venue. You and the Photographer agree that the exclusive venue for any dispute is the state or federal courts located in the City and County of San Francisco, California, and you consent to personal jurisdiction there.

18.3 — Informal resolution first. Before filing any claim, you agree to contact bhagvatdaraji1@gmail.com with a description of the dispute and to attempt in good faith to resolve it informally for at least thirty (30) days.

18.4 — Small claims. Either party may bring an individual claim in small claims court if it qualifies.

18.5 — Injunctive relief. Nothing in this section prevents the Photographer from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property.

18.6 — Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Site must be filed within one (1) year after it arises, or it is permanently barred.

19. Termination

19.1 The Photographer may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including a violation of these Terms.

19.2 Sections 4, 5, 10, 13.3, 14, 15, 16, 18, and 20 survive termination.

19.3 Termination does not affect a license already granted with a completed purchase under Section 10, provided you continue to comply with its terms.

20. General Provisions

20.1 — Entire agreement. These Terms, together with the Photography Notice, the Privacy Policy, and any applicable service agreement, constitute the entire agreement between you and the Photographer regarding the Site, and supersede all prior understandings on that subject.

20.2 — Order of precedence. In the event of a conflict: a signed service agreement controls as to the services it covers; otherwise these Terms control; otherwise the Photography Notice controls as to photographs.

20.3 — Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

20.4 — No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.

20.5 — Assignment. You may not assign these Terms without the Photographer's written consent. The Photographer may assign them in connection with a transfer of the business.

20.6 — No third-party beneficiaries. These Terms do not create rights in any third party, except that individuals depicted in photographs retain all rights they hold under applicable law, as described in the Photography Notice.

20.7 — Force majeure. The Photographer is not liable for any failure or delay caused by events beyond reasonable control, including natural disasters, illness, power or network failure, labor disruption, or governmental action.

20.8 — Headings. Headings are for convenience only and do not affect interpretation.

21. Changes to These Terms

The Photographer may revise these Terms at any time. The "Last Updated" date will reflect the most recent revision, and material changes will be indicated on the Site. Continued use of the Site after a revision constitutes acceptance. Terms in effect at the time of a completed purchase govern that purchase.

22. Contact

Bhagvat Daraji Email: bhagvatdaraji1@gmail.com

General and licensing inquiries — subject line: License Request
Image removal requests — subject line: Image Removal Request
Copyright complaints — subject line: DMCA Notice
Order issues — subject line: Order Support