Terms of Service
Terms of Service for Wettlaufer Media
Last Updated: August 21, 2025
Welcome to the client gallery website for Wettlaufer Media (“we,” “us,” “our”), located at www.wettlaufermedia.ca (the “Website”).
These Terms of Service (“Terms”) govern your access to and use of the Website, including viewing, downloading, and purchasing photographic prints and products (collectively, the “Services”). Please read these Terms carefully.
By accessing or using our Website, you (“you,” “your,” “the Client”) agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Website.
1. The Service
The Website provides you with access to a private, password-protected online gallery containing the digital photographs from your photography session (the "Photographs"). The gallery is designed for you to view, download, and, if applicable, purchase prints and other products derived from the Photographs.
2. Relationship to Your Photography Services Agreement
These Terms are in addition to, and do not replace, the primary photography services agreement (“Photography Contract”) you signed with us. In the event of any direct conflict between these Terms and your Photography Contract, the terms of the Photography Contract will prevail.
3. Gallery Access and User Accounts
To access your gallery, you will be provided with a unique link and/or password. You are responsible for maintaining the confidentiality of your access credentials. You agree to:
Not share your password or gallery link with any unauthorized third parties.
Notify us immediately of any unauthorized use of your gallery.
Access to your online gallery is provided for a limited time, the duration of which is specified in your Photography Contract (e.g., 90 days, 6 months). After this period, the gallery may be archived or permanently removed at our discretion. We are not responsible for storing your Photographs indefinitely. It is your responsibility to download and back up your Photographs before the gallery expires.
4. Intellectual Property Rights
A. Copyright of Photographs: All Photographs on this Website are the exclusive intellectual property of Wettlaufer Media and are protected by the Copyright Act of Canada and international copyright laws. We retain all rights, title, and interest in and to the Photographs, including full copyright.
B. Grant of Personal Use License: Upon delivery of the final digital files, you are granted a limited, non-exclusive, non-transferable, perpetual license to use the Photographs for personal, non-commercial purposes only.
Permitted Uses Include:
Printing copies for personal use (e.g., for your home, for family and friends).
Sharing on personal social media websites and blogs, provided that credit is given to “Wettlaufer Media” or your designated social media handle is tagged.
Creating personal albums, cards, and gifts.
Prohibited Uses Include:
Any commercial use, including selling the Photographs, using them for business advertising, or submitting them to contests without our express written permission.
Altering, editing, or manipulating the Photographs beyond basic cropping for printing. This includes applying filters on social media.
Removing any watermarks, if present.
Claiming the Photographs as your own work.
C. Website Content: All other content on this Website, including text, graphics, logos, and software, is the property of Wettlaufer Media and is protected by copyright law.
5. Purchases of Prints and Products (If Applicable)
Note for the Photographer: If you do not sell products directly through your gallery, you can delete this section. If you do, you must customize it to reflect your specific policies.
We may offer prints, albums, or other physical products for sale through the Website.
Pricing and Payment: All prices are listed in Canadian Dollars (CAD) and are subject to applicable taxes (GST and PST in British Columbia). Payment is due at the time of order and is processed through our secure third-party payment processor, Stripe.
Order Fulfillment: Orders are fulfilled by our professional print lab partners. Please allow their time estimate for production and shipping.
Refunds and Returns: Due to the custom nature of photographic products, all sales are final. We do not offer refunds or exchanges. If your product arrives damaged, please contact us at info.wettlaufermedia@gmail.com within 7 days of receipt with a photo of the damage, and we will arrange for a replacement.
6. Prohibited Conduct
You agree not to use the Website to:
Violate any applicable local, provincial, federal, or international law.
Attempt to circumvent any security features of the Website, including accessing galleries that are not your own.
Introduce any viruses, trojan horses, or other malicious or technologically harmful material.
Use any automated system, such as “bots” or “spiders,” to access or scrape the Website.
We reserve the right to terminate your access to the Website without notice for any violation of these Terms.
7. Disclaimer of Warranties
The Website and Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, secure, or error-free.
8. Limitation of Liability
To the fullest extent permitted by law, in no event shall [Your Photography Business Name] or its owner(s) be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the Photographs. Our total liability to you for any and all claims arising from the Services is limited to the amount you paid us for the specific services related to the Website.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Surrey or Vancouver, British Columbia, and the parties irrevocably consent to the personal jurisdiction and venue therein.
10. General Provisions
Entire Agreement: These Terms, together with our Privacy Policy and your Photography Contract, constitute the entire agreement between you and Wettlaufer Media.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced.
Changes to Terms: We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the “Last Updated” date. Your continued use of the Website after any such change constitutes your acceptance of the new Terms.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Wettlaufer Media