Terms of Service, Licensing & Privacy Policy

Commercial & Third-Party Use Alignment
Last Updated: December 1, 2025

1. Agreement to Terms

By accessing or using this website located at
https://www.poshtography.com , or by engaging Poshtography Professional Photography & Videography alongside Suzanne Dani’L Simone and associates, Poshtography for photography, videography, or related creative services, you agree to be bound by these Terms of Service, all applicable laws and regulations, and any written agreement, license, or release executed between you and Poshtography.

All content on this Site and created by Poshtography—including images, video, audio, text, branding, concepts, edits, and derivative works—is protected by United States and international copyright, trademark, and intellectual property laws.

2. Relationship to Client Contracts, Licenses & Releases

These Terms operate in conjunction with, and not in replacement of, any:

• Client service agreements

• Licensing agreements

• Commercial usage agreements

• Model releases

• Property releases

• NDAs or production agreements

In the event of any conflict, the terms of the fully executed written agreement between Poshtography and the client or licensed party shall govern.

No rights, licenses, or permissions are granted by implication, estoppel, or assumption.

3. Ownership & Copyright

Unless expressly stated otherwise in a signed written agreement:

• Poshtography retains full copyright ownership of all photographs, video footage, audio, and creative assets produced.

• Clients and third parties are granted diverse non-exclusive licenses only as explicitly defined in their written agreement.

• Moral rights, authorship credit, and creative attribution are retained where applicable.

Transfer of copyright does not occur unless expressly stated in writing and signed by Poshtography and clients.

4. Use License – Website Content, Proofing Galleries & Deliverables

Website & Promotional Materials

Permission is granted to view Site materials for personal, non-commercial reference only. You may not reproduce, distribute, publicly display, or commercially exploit any Site content without written authorization.

Client Deliverables

Usage of delivered images or video is governed solely by the written license agreement issued for that project. Unless expressly granted:

• Commercial use is prohibited

• Third-party distribution is prohibited

• Alteration, resale, sublicensing, or AI training use is prohibited

Any unauthorized use constitutes copyright infringement. These ideals are set in place to protect both Poshtography and clients.

5. Third-Party Commercial Use & Brand Engagements

For third-party brands, agencies, platforms, or companies seeking to utilize Poshtography’s Content:

• Usage must be licensed in writing

• Scope, term, territory, media, exclusivity, and modification rights must be defined

• Model and property releases must be verified for the intended use

• Additional fees may apply for expanded usage or redistribution

Poshtography makes no representation that Content is cleared for uses beyond the scope of the executed agreement. Responsibility for compliance with advertising, FTC, platform, or industry regulations rests with the licensing party.

6. Creative Disclaimer

All Services and Content are provided on an “as is” creative basis. Photography and videography are interpretive arts influenced by variables including lighting, environment, subject participation, timing, and artistic discretion.

Mood boards, previews, inspiration references, or prior work are illustrative and not guarantees of specific results.

7. Limitation of Liability

To the fullest extent permitted by law, Poshtography shall not be liable for:

• Indirect, incidental, consequential, or punitive damages

• Loss of profits, data, or business opportunity

• Claims arising from misuse, misinterpretation, or unauthorized distribution of Content

Liability, if any, is limited to the amount paid under the applicable written agreement.

8. Accuracy & Modifications

Content on the Site may contain typographical, technical, or creative variances. Poshtography may update, revise, or remove materials at any time without notice.

Terms may be modified periodically. Continued use of the Site or Services constitutes acceptance of the updated terms.

PRIVACY POLICY

10. Information Collection

We collect personal information necessary to provide Services, including:

• Contact and identification details

• Project, session, and usage information

• Billing and payment data via secure third-party processors

Non-identifying analytics data may also be collected to improve Site performance.

11. Use of Information

Personal information is used solely to:

• Deliver contracted Services

• Communicate project details and updates

• Fulfill legal and contractual obligations

• Improve client experience and operations

We do not sell or misuse personal data.

12. Data Security & Retention

Reasonable administrative, technical, and physical safeguards are implemented to protect information. Data is retained only as long as necessary to fulfill contractual, legal, and operational obligations.

13. Information Sharing

Information may be shared only with:

• Trusted service providers essential to delivery (galleries, payment processors)

• Legal authorities when required by law

• Parties expressly authorized within a written agreement

14. Minors

When Content involves minors, parental or legal guardian consent is required and documented via release forms prior to Services.

15. Contact

For licensing inquiries, legal clarification, or data requests:

Poshtography Professional Photography & Videography
poshtographyphotographics@gmail.com
303.999.8894
https://www.poshtography.com