Terms of Service
TERMS OF SALE AND SERVICE AGREEMENT
Effective Date: February 2026
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
These Terms of Sale ("Agreement") constitute a legally binding contract between the purchaser ("Client," "You," or "Buyer") and Housny Pomare / Pomare Portraits ("Studio," "We," or "Us"), a business entity operating under the laws of the Commonwealth of Virginia. By purchasing Products, booking Services, or downloading Digital Content from the Studio’s online platforms, You acknowledge that You have read, understood, and agree to be bound by these terms.
1. DEFINITIONS
"Products" refers to tangible goods sold by the Studio, including but not limited to photographic prints, albums, canvases, frames, and USB drives.
"Digital Content" refers to intangible data files, including high-resolution JPEGs, web-resolution files, and RAW files (if applicable).
"Services" refers to the artistic labor of photography, editing, retouching, and gallery curation.
"Custom Goods" refers to Products that are manufactured to order based on specific images selected by the Client, rendering them unfit for resale.
2. PRICING, FEES, AND TAXES
2.1. Total Price Disclosure: In compliance with Virginia Senate Bill 1212, the total price displayed at checkout includes the product price and any mandatory processing fees. Shipping charges are calculated based on weight/destination and will be itemized prior to payment. 2.2. Sales Tax Collection: The Studio acts as a registered Dealer under Virginia law.
Tangible Products: Sales tax is calculated based on the shipping destination of the Product.
Digital Content: In accordance with the Virginia Digital Personal Property Tax legislation (2026), sales tax for digital downloads is calculated based on your billing address.
Bundled Transactions: Where Services are bundled with Products (e.g., "Session + Album"), the entire package price is subject to sales tax under the Virginia "True Object" test. 2.3. Price Changes: Prices for future orders are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed.
3. ORDER FULFILLMENT AND SHIPPING
3.1. Third-Party Vendors: The Studio utilizes professional third-party laboratories ("Vendors") for the manufacturing of Products. You acknowledge that the Studio serves as the retailer but does not physically manufacture the goods. 3.2. Risk of Loss:
Physical Shipments: The risk of loss and title for physical Products pass to You upon our tender of the Product to the shipping carrier (FedEx/UPS/USPS). While the Studio is not liable for carrier delays or loss, we will assist You in filing claims for insured packages.
Digital Delivery: Delivery is deemed complete when the download link is transmitted to your email or made available in your online gallery. You are solely responsible for downloading and archiving your files immediately. The Studio is not a cloud storage provider and does not guarantee indefinite archival of your images.
4. RETURN AND REFUND POLICY (VCPA NOTICE)
4.1. Custom Goods (No Refund): NOTICE PER VA. CODE § 59.1-200(16): BECAUSE PHOTOGRAPHIC PRINTS, ALBUMS, AND CANVASES ARE CUSTOM-MANUFACTURED TO YOUR SPECIFICATIONS, ALL SALES OF PHYSICAL PRODUCTS ARE FINAL. THE STUDIO DOES NOT OFFER REFUNDS, EXCHANGES, OR CREDITS FOR "BUYER'S REMORSE," DISLIKE OF AESTHETIC STYLE, OR INCORRECT SIZE SELECTION BY THE CLIENT.
4.2. Manufacturer Defects: Notwithstanding the above, if a Product arrives with a material defect (e.g., significant ink banding, physical damage to the substrate, or binding errors), the Studio will provide a replacement of the exact same item at no cost to You.
Reporting Window: You must inspect all Products immediately upon receipt. Claims for defects must be reported to [Insert Email] within 48 hours of delivery, accompanied by photographic evidence of the damage. Failure to report within this window constitutes acceptance of the Goods as-is.
4.3. Digital Content: Due to the non-returnable nature of digital data, ALL SALES OF DIGITAL CONTENT ARE FINAL AND NON-REFUNDABLE once the download link has been generated.
5. INTELLECTUAL PROPERTY AND USAGE LICENSE
5.1. Copyright Ownership: The Studio retains all rights, title, and interest in and to all photographs and Digital Content, including all worldwide copyrights, moral rights, and intellectual property rights. You are purchasing a license, not the copyright itself.
5.2. Personal Use License: Upon full payment, the Studio grants You a non-exclusive, non-transferable, perpetual, worldwide license to:
Display the images on personal electronic devices.
Print the images for personal, non-commercial use (e.g., home decor, gifts).
Post the images to personal social media profiles (e.g., Instagram, Facebook) for non-commercial purposes.
5.3. Prohibited Uses: You may NOT:
Resell, sublicense, or redistribute the images for profit.
Use the images in any paid advertising, billboard, or commercial marketing (a separate Commercial License is required).
Enter the images into third-party contests or competitions without written permission.
Alter the images in a manner that distorts the artistic intent (e.g., applying heavy Instagram filters).
6. ARTIFICIAL INTELLIGENCE (AI) AND DATA RIGHTS
6.1. No AI Training: You are strictly prohibited from using the Images, or allowing third parties to use the Images, for the purpose of training artificial intelligence (AI) systems, machine learning models, or neural networks. This includes uploading images to platforms that claim rights to use uploaded content for model training. 6.2. Synthetic Media Prohibition: You may not use the Images to generate "deepfakes," synthetic performances, or biometric templates. Any unauthorized use of the Images to create synthetic media will be considered a material breach of this Agreement and a violation of the Studio’s intellectual property rights. 6.3. Studio Use of AI: The Studio reserves the right to use AI-assisted tools (e.g., for noise reduction, sharpening, or culling) in the post-production process to ensure the highest quality Product.
7. LIMITATION OF LIABILITY
7.1. Liability Cap: TO THE FULLEST EXTENT PERMITTED BY VIRGINIA LAW, THE STUDIO’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. 7.2. Waiver of Consequential Damages: IN NO EVENT SHALL THE STUDIO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF MEMORIES, EMOTIONAL DISTRESS, OR FAILURE TO REALIZE EXPECTED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7.3. Force Majeure: The Studio shall not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, pandemics, government orders, supply chain embargoes, or internet service provider failures.
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Studio, its officers, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) Your breach of this Agreement; (b) Your violation of any third-party rights, including privacy or intellectual property rights; or (c) Your unauthorized commercial use or AI training use of the Images.
9. DISPUTE RESOLUTION AND VENUE
9.1. Governing Law: This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. 9.2. Venue: Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the state courts of [Insert County, e.g., Fairfax County], Virginia, or the United States District Court for the Eastern District of Virginia. You waive any objection to the jurisdiction and venue of such courts. 9.3. Mandatory Arbitration for Small Claims: Any dispute where the total amount in controversy is less than $5,000 shall be resolved through binding arbitration in [Insert City], Virginia, in accordance with the rules of the American Arbitration Association.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, whether oral or written. No waiver or modification of these terms shall be valid unless in writing and signed by the Studio.