Terms of Service

KM Photo Co. — Client Gallery Terms of Use

Effective Date: October 1, 2026

Welcome to your client gallery! Thank you for choosing KM Photo Co. It is our pleasure to capture and preserve your memories. These Terms of Use explain the guidelines for accessing, downloading, sharing, and using the photographs delivered through our online client galleries.

By accessing or using a KM Photo Co. client gallery, you agree to the following terms.

1. Copyright and Ownership

All photographs displayed or delivered through KM Photo Co. client galleries are protected by applicable United States copyright laws.

Unless otherwise agreed in writing, Kobe McFadden, doing business as KM Photo Co., retains all copyrights and intellectual property rights to the photographs.

The delivery, purchase, or download of photographs does not transfer copyright ownership to the client.

2. Personal Use License

Upon fulfillment of applicable payment obligations, clients are granted a non-exclusive, perpetual, non-transferable license to use their delivered photographs for personal, non-commercial purposes.

Permitted uses include:

Downloading and saving images to personal devices.
Printing photographs for personal display, gifts, or family keepsakes.
Sharing photographs with family and friends.
Posting photographs on personal social media accounts.
Using photographs for personal holiday cards, announcements, invitations, and similar purposes.

Photographer credit is appreciated when images are shared publicly but is not required for ordinary personal use.

Commercial use, advertising, resale, paid publication, or licensing to third parties requires prior written authorization from KM Photo Co.

3. Image Editing and Alterations

All delivered photographs reflect KM Photo Co.'s artistic style, professional editing, and creative judgment.

Clients may crop or resize images as reasonably necessary for personal printing, social media, or display.

Clients are asked not to apply additional filters, presets, substantial color alterations, AI-generated modifications, or other edits that materially change the original artistic appearance when publicly representing the work as photography by KM Photo Co.

Requests for additional retouching or image modifications may be submitted directly to KM Photo Co. and may be subject to additional fees.

4. Gallery Access and Expiration

Client galleries will remain accessible for up to 60 days following initial delivery, unless otherwise agreed in writing.

After this period, KM Photo Co. may deactivate, archive, or permanently remove the gallery without further notice.

Clients are responsible for downloading and securely backing up their images before their gallery expires.

KM Photo Co. does not guarantee indefinite storage, continued access, or future availability of delivered images. Gallery reactivation or file recovery, when available, is at the discretion of KM Photo Co. and may be subject to additional fees.

5. Image Downloads and File Delivery

Clients may download the edited digital images made available to them according to their selected photography package or applicable agreement.

Only final, professionally edited images are included in standard delivery.

RAW files, unedited images, working files, and rejected photographs are not provided.

Download availability, file resolution, and the number of included images may vary depending on the selected package and gallery settings.

Clients are encouraged to download their photographs promptly and preserve backup copies in multiple secure locations.

6. Gallery Privacy and Sharing

Some galleries may be protected by passwords, download PINs, or other access restrictions.

Clients are responsible for sharing their gallery links and access credentials only with individuals they authorize to view their photographs.

Recipients of shared gallery links must also respect the copyright, licensing, and permitted-use restrictions described in these Terms.

KM Photo Co. cannot guarantee that photographs will remain private after clients or authorized recipients download, distribute, or publicly share them.

For photographs featuring minors, clients are encouraged to exercise additional care when sharing gallery access or publishing images online.

7. Photographer Portfolio and Promotional Use

KM Photo Co.'s right to display, publish, or use photographs for portfolio, website, social media, advertising, or promotional purposes is governed by the applicable photography agreement and any separate model or promotional release.

Accessing a client gallery does not, by itself, grant KM Photo Co. additional permission to use a client's likeness or photographs of minors for promotional purposes.

KM Photo Co. respects client privacy and any applicable written restrictions concerning public image usage.

8. Printing and Image Quality

Clients may use their downloaded, properly licensed images for personal printing through the printing service of their choice.

For the best results, KM Photo Co. recommends professional-quality print services.

Printed colors, brightness, cropping, and overall appearance may vary depending on the print laboratory, display calibration, paper selection, and production process.

KM Photo Co. is not responsible for quality issues resulting from third-party printing services or client-modified files.

Print orders purchased directly through an integrated gallery store may also be subject to separate store policies and fulfillment terms.

9. Unauthorized Use and Distribution

Without prior written permission from KM Photo Co., photographs may not be:

Sold, sublicensed, or distributed for commercial purposes.
Used in business advertisements or commercial promotional materials.
Submitted to stock photography platforms or commercial image libraries.
Claimed as the original photographic work of another person.
Used to train artificial intelligence models or included in datasets for such training.

KM Photo Co. reserves the right to pursue appropriate remedies for unauthorized reproduction, distribution, or commercial use.

10. Gallery Availability and Technical Issues

KM Photo Co. utilizes Pixieset, a third-party gallery hosting platform, to deliver and display client photographs.

Although reasonable efforts are made to ensure gallery accessibility, uninterrupted availability cannot be guaranteed.

Temporary outages, maintenance, technical issues, or circumstances outside KM Photo Co.'s reasonable control may affect gallery access or downloads.

Clients experiencing technical difficulties should contact KM Photo Co. during their gallery access period for assistance.

11. Relationship to Photography Agreements

These Terms of Use govern general access to and use of KM Photo Co. client galleries.

Any separately executed photography services agreement, applicable written image license, or signed release remains in effect.

If a specific signed agreement conflicts with these general gallery terms, the signed agreement will control for that client's session to the extent of the conflict.

12. Updates to These Terms

KM Photo Co. may update these Terms of Use periodically. Updated terms will be made available through our client gallery platform.

Changes will not retroactively alter rights expressly granted under an existing signed photography agreement.

13. Contact Information

Questions about image usage, licensing, gallery access, or privacy may be directed to:

KM Photo Co.
Kobe McFadden, Photographer
Website: https://www.kmphotographyco.com