Terms of Service
Terms of Use for DukArtPhotography.com
Effective Date: August 6, 2025
Welcome to DukArtPhotography.com (the “Site”), operated by DukArt Photography (“we,” “us,” or “our”) and hosted on Pixieset. By accessing or using our Site, client galleries, online store, or other services, you agree to these Terms of Use (“Terms”). If you do not agree, please do not use our Site or services.
1. Use of the Site
• Eligibility: You must be at least 18 years old to use our Site or services. By using the Site, you confirm you meet this requirement.
• Permitted Use: You may use the Site to view galleries, book sessions, purchase prints or digital downloads, and contact us. You agree not to use the Site for any unlawful or prohibited purpose.
• Prohibited Conduct: You may not:
• Copy, reproduce, or distribute our content (e.g., photos, text) without permission.
• Attempt to access password-protected galleries without authorization.
• Use the Site to harass, defame, or harm others.
• Introduce viruses or malicious code.
2. Intellectual Property
• All images, text, and designs on the Site are owned by DukArt Photography or licensed to us and are protected by copyright law. You may not use, reproduce, or distribute our content without explicit permission.
• Photos in client galleries are for personal use by authorized clients only, as outlined in our Digital Image License.
3. Client Galleries and Privacy
• Access: Client galleries may be password-protected. You are responsible for keeping your password confidential.
• Privacy Features: You can control gallery visibility through Pixieset’s privacy settings, such as hiding collections from the public homepage or setting passwords.
• Photo Protection: We use features like disabled right-click and low-resolution images to deter unauthorized use, but we cannot guarantee complete protection against theft.
4. Online Store and Sales
• Terms of Sale: Purchases of prints, digital downloads, or other products are subject to our Terms of Sale, available in the Pixieset Store checkout. You are responsible for reviewing these terms before purchasing.
• Order Accuracy: We strive to ensure accurate pricing and product descriptions but reserve the right to cancel or refuse orders due to errors (e.g., incorrect pricing).
• Non-Refundable Products: Due to the custom nature of photography products, all sales are final unless damaged during shipping or misidentified. Returns for eligible items must be requested within 14 days.
• Fulfillment: Orders may be fulfilled by third-party print labs. We are not responsible for delays or issues caused by these partners, though we will assist in resolving disputes.
5. Payments
Payments are processed securely via third-party providers (e.g., Stripe, PayPal). We do not store your payment information. All transactions are subject to the provider’s terms.
6. Limitation of Liability
• Our Site and services are provided “as is” without warranties of any kind, express or implied. We do not guarantee the Site will be error-free or uninterrupted.
• To the maximum extent permitted by law, DukArt Photography shall not be liable for indirect, consequential, or punitive damages arising from your use of the Site or services. Our liability is limited to the price of the product or service purchased.
7. Termination
We reserve the right to suspend or terminate your access to the Site or services if you violate these Terms or engage in prohibited conduct.
8. Governing Law
These Terms are governed by the laws of the United States. Any disputes will be resolved in the courts of El Paso County, Colorado Springs, Colorado, USA.
9. Changes to These Terms
We may update these Terms at any time. Changes will be posted on the Site, and continued use constitutes acceptance of the updated Terms.
10. Contact Us
For questions about these Terms, contact us at:
• Email: info@dukartphotography.com