Terms of Service
Client Gallery Terms of Service
Last updated: October 23, 2026
These Client Gallery Terms of Service apply to galleries hosted or provided by Noelani Images (“Photographer,” “we,” “us,” or “our”), including commissioned portrait and equine galleries and, where applicable, horse show and event proof galleries.
By accessing or using a gallery, you agree to these terms and any additional terms identified within that gallery. If you do not agree, please do not use the gallery.
1. Gallery Access and Use
Gallery access is provided for the intended client, authorized participants, or other individuals to whom access has been granted. You are responsible for keeping private gallery links and access credentials secure and for sharing them only with individuals who have a legitimate reason to access the gallery.
Gallery links may provide access to photographs that have not been purchased or finalized. Access to a gallery does not transfer ownership or copyright in any image.
We may restrict, suspend, or remove gallery access when reasonably necessary, including when a gallery expires, access is misused, or these terms are violated.
2. Proofing and Image Selection
Where a gallery is provided for proofing or image selection, the images are presented to help clients review available photographs and make selections.
Proofs may be unedited, lightly processed, watermarked, or otherwise presented for selection purposes. Proofs are not necessarily representative of the final delivered image. Final images may receive professional color correction, cropping, straightening, basic retouching, or other editing included in the applicable service or purchase.
The Photographer retains final artistic and technical discretion over editing and delivery, consistent with the applicable Photography Services Agreement or event-specific terms.
The presence of an image in a proof gallery does not guarantee that it will be available for purchase indefinitely or that it will be delivered as a final image without the required selection, purchase, or other applicable steps.
3. Downloads, Sharing, and Gallery Availability
Downloading, sharing, and use of images are subject to the Digital Image License, any license provided with a purchase, and any applicable signed agreement.
Unless expressly authorized, you may not screenshot, download, reproduce, distribute, publish, or otherwise use unpurchased proof images. Access to a proof gallery is not permission to use its images.
Gallery availability and expiration dates may vary by service, event, or purchase. Please download purchased final images within the availability period stated in your delivery or gallery notice. The Photographer is not responsible for maintaining an active gallery indefinitely. Please contact us promptly if you experience a download issue.
Clients are responsible for maintaining their own backups of delivered digital files.
4. Copyright and Intellectual Property
All photographs and related creative work remain the copyrighted property of Noelani Images unless a separate written agreement expressly states otherwise. Purchasing an image or receiving a digital file does not transfer copyright.
Use of delivered images is limited to the rights granted under the applicable Digital Image License, purchase terms, or signed agreement. No rights beyond those expressly granted are transferred.
5. Prohibited Conduct
Unless the Photographer has provided prior written permission, you may not:
Download, screenshot, reproduce, publish, or share unpurchased proof images.
Remove, obscure, or alter a watermark, copyright notice, or attribution.
Apply filters, materially alter, manipulate, or use artificial intelligence tools to modify delivered images in a way that changes the Photographer’s work or presentation.
Sell, sublicense, distribute, or commercially exploit images.
Use images for business promotion, advertising, sponsorship, commercial publication, or other commercial purposes without the required written license.
Attempt to bypass gallery access controls or interfere with the gallery service.
Nothing in these terms prohibits a use expressly authorized by your written license or applicable agreement.
6. Promotional Use
Accessing a gallery, purchasing an image, or sharing a photograph does not, by itself, grant Noelani Images permission to use an identifiable client or participant’s image for the Photographer’s own promotional purposes.
Any promotional use involving a client or participant is governed by the applicable signed agreement and any separate consent or release. A client’s decision not to consent to promotional use does not affect their ability to book or receive the services described in their agreement.
7. Third-Party Services
Galleries and storefronts may be hosted or supported by third-party providers, including Pixieset. Your use of those services may also be subject to the provider’s own terms and privacy policy. The Photographer does not control all aspects of third-party platforms, their availability, or their technical operations.
8. Unauthorized Use
Unauthorized use of an image may infringe the Photographer’s copyright or exceed the license granted. The Photographer reserves the right to request removal of unauthorized content, seek payment for an appropriate license, restrict gallery access where warranted, and pursue other remedies available under applicable law.
Any stated licensing fee or other charge will be subject to the applicable written terms and applicable law.
9. Relationship to Other Agreements
For commissioned photography services, the signed Photography Services Agreement governs booking-specific matters, including services, deliverables, fees, cancellation and rescheduling terms, and any negotiated license provisions. If these gallery terms conflict with the signed agreement, the signed agreement controls to the extent of the conflict.
For storefront purchases and event proof galleries, the applicable Terms of Sale, Digital Image License, and event-specific terms also apply. Nothing in these terms is intended to waive rights that cannot lawfully be waived.
10. Changes and Contact
These terms may be updated from time to time. The version published when you access or use the gallery will generally apply to that use, subject to any applicable signed agreement or legal requirements.
For questions about a gallery, image selection, or permitted use, please contact Noelani Images through the contact information available at noelaniimages.com.
Noelani Images
Northern California
noelaniimages.com