TERMS & CONDITIONS
Effective Date: December 11, 2025
Last Updated: December 11, 2025
Welcome to D23 Foto (“we,” “our,” “us”). These Terms & Conditions (“Terms”) govern your access to and use of D23foto.com, including all related services, galleries, digital downloads, print sales, workshops, public speaking engagements, photography services, and any other offerings (collectively, the “Services”).
By using our website or purchasing any product or service, you agree to these Terms. If you do not accept them, do not use the site.
1. BUSINESS INFORMATION
D23 Foto
Atlanta, Georgia, USA
Email: hallo@d23foto.com
Website: https://d23foto.com
We operate globally, but these Terms are governed by Georgia state law and applicable U.S. law.
2. ELIGIBILITY
You must be at least 18 years old or have legal guardian consent to use our Services or make purchases. By using the site, you affirm you have the legal capacity to enter binding contracts.
3. INTELLECTUAL PROPERTY OWNERSHIP
All images, videos, text, designs, logos, graphics, blog posts, and all creative content on D23foto.com are the exclusive intellectual property of D23 Foto, unless otherwise stated.
This includes:
Photographs (digital or print)
Photo sets and gallery downloads
Visual artwork
Public speaking materials
Written stories, essays, and travel-based content
Branding and trademarks
You do NOT acquire ownership of any content by purchasing a product or service. All rights not expressly granted in writing remain with D23 Foto.
Unauthorized reproduction, resale, redistribution, minting as NFTs, editing, AI training, or commercial use is strictly prohibited without explicit written permission.
4. PURCHASES & PAYMENT TERMS
4.1 Pricing
All prices listed are subject to change without notice. Pricing may vary based on location, licensing, print specifications, and service complexity.
4.2 Payment
We accept major credit cards and other payment options available on the site. You authorize us to charge the payment method provided.
4.3 Order Acceptance
We reserve the right to refuse or cancel orders, including suspected fraud, misuse, or violation of these Terms.
5. DIGITAL DOWNLOAD LICENSES
When you purchase a digital download, you are granted a non-exclusive, non-transferable, non-sublicensable license for the specific use listed at checkout.
Unless explicitly stated:
Personal Use License: You may print for personal/home use. No commercial use allowed.
Commercial License (if purchased): Permits promotional or editorial use by your business or organization.
Editorial Use License: Permits publication in media, press, or storytelling formats.
You may NOT:
Sell the images
Claim authorship
Resell or redistribute
Create derivative works for commercial sale
Use in advertising without a commercial license
Use the images in any AI training dataset
Any unauthorized use will result in license revocation and potential legal action.
6. PRINT PRODUCTS & ACCESSORIES
6.1 Quality & Color Disclaimer
Print colors may vary slightly due to monitor calibration, paper stock, and printing processes. These variances do not qualify as defects.
6.2 Shipping
You are responsible for providing accurate shipping information. We are not liable for packages lost or delayed due to courier issues, customs processes, or incorrect addresses.
6.3 Damaged Items
Damaged items must be reported within 7 days of receipt with photos of packaging and product. Replacements are issued at our discretion.
7. PHOTOGRAPHY SERVICES & BOOKINGS
7.1 Scheduling
All bookings require a deposit and are confirmed only when payment is received.
7.2 Cancellations
Client cancellation within 7 days of the scheduled session may result in forfeiture of deposit.
D23 Foto may cancel or reschedule due to travel delays, health issues, weather, or unforeseen circumstances. Refunds or rescheduling will be offered accordingly.
7.3 Model Releases & Permissions
Clients are responsible for securing all necessary permissions for locations, people, minors, or property appearing in the photographs.
D23 Foto retains the right to use images for portfolio, marketing, editorial, and promotional purposes unless a written buyout is negotiated.
7.4 Limitation of Deliverables
We are not responsible for missed shots due to limitations imposed by venues, promoters, security, lighting, weather, or circumstances outside our control.
8. PUBLIC SPEAKING & WORKSHOP SERVICES
Once scheduled, public speaking engagements, workshops, or corporate programs follow the same cancellation/refund rules as photography services unless otherwise contracted.
Content delivered during these programs—including slides, images, audio, and stories—is protected intellectual property and may not be recorded, reproduced, or distributed without written permission.
9. USER ACCOUNTS
You are responsible for maintaining confidentiality of your login credentials. We are not liable for unauthorized account access caused by negligence or shared credentials.
10. PROHIBITED USES
You agree NOT to use the website or our content for:
Unauthorized commercial use
AI model training
Illegal activities
Harassment or defamation
Circumvention of licensing restrictions
Attempting to reverse-engineer website features
Automated scraping, harvesting, or downloading of gallery content
Violations may result in legal action and permanent bans.
11. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
We are not liable for indirect, incidental, punitive, or consequential damages.
Our total liability for any claim shall not exceed the amount paid by you for the product or service in question.
We are not liable for losses related to delays, travel disruptions, weather, emergencies, global events, or third-party service failures.
Use of the website is at your own risk.
12. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless D23 Foto, its owners, contractors, employees, and partners from any claims, liabilities, damages, losses, or expenses arising from:
Your use of the website
Unauthorized use of our images or content
Violations of these Terms
Misuse of licensed materials
Third-party claims arising from content you submit or publish
13. INTERNATIONAL USE
Accessing our Services from outside the U.S. is done at your own initiative. You are responsible for compliance with local laws, taxes, and customs requirements.
14. THIRD-PARTY LINKS
We may link to third-party sites. We do not endorse or control these sites and are not responsible for their content, privacy practices, or security.
15. REFUNDS
Unless otherwise stated:
Digital downloads are non-refundable once delivered.
Prints and physical products may be replaced but not refunded, except in cases of error on our part.
Services (photography, workshops, speaking engagements) follow the cancellation policies listed above.
16. FORCE MAJEURE
We are not liable for delay or failure caused by events beyond our control, including natural disasters, pandemics, war, civil unrest, strikes, supply chain failures, or government restrictions.
17. DISPUTE RESOLUTION
All disputes shall be resolved:
First through informal negotiation
If unresolved, through binding arbitration in Atlanta, Georgia
Under Georgia state law
You waive the right to participate in class-action lawsuits against D23 Foto.
18. CHANGES TO TERMS
We may update these Terms at any time. Continued use of the website signifies acceptance of updated Terms.
19. CONTACT
For questions or legal inquiries:
Email: hallo@d23foto.com
Website: https://d23foto.com