Terms of Service

Welcome to Ben Scholl Photos. These Terms of Service ("Terms") constitute a legally binding agreement between you and Benjamin Scholl ("I," "me," or "my") governing your use of this website, online photography galleries, and related services.

By accessing or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease use of the website immediately.

1. Intellectual Property & Ownership

All content on this website — including but not limited to photographs, digital downloads, text, and logos — is my exclusive property and is protected by United States and international copyright laws.

• Limited License: I grant you a limited, non-exclusive, non-transferable license to view content for personal, non-commercial use only.
• Restrictions: You may not copy, screenshot, scrape, modify, or distribute any content without my express written permission.
• Watermarks: Removal or alteration of any watermark or metadata is strictly prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA).

2. User Conduct & Prohibited Acts

You agree not to:

• Use the website for any commercial purpose or unauthorized solicitation.
• Engage in automated data collection (scraping) or "hotlinking" to images.
• Use any image in a way that suggests endorsement or is defamatory, obscene, or unlawful.

3. Photo Publication & Removal Policy

Photographs are generally captured at public or newsworthy events where there is no reasonable expectation of privacy.

• Discretionary Removal: While I respect privacy, removal requests are evaluated at my sole discretion.
• Minors: I provide additional consideration for requests from parents or legal guardians regarding minors.
• No Obligation: Submission of a request does not guarantee removal or create a legal obligation for me to delete content.

4. AI Assistant Disclaimer

I provide an AI-powered assistant for your convenience and for general informational purposes. By using this feature, you acknowledge the following:

• Informational Only: While I strive for accuracy, AI-generated responses may occasionally contain errors regarding pricing, availability, or specific service details.
• Verification Required: All information provided by the AI is subject to final verification by me. AI-generated responses do not constitute a binding contract or a guaranteed quote.
• No Liability: I am not liable for any decisions made based solely on AI-generated content that contradicts my official pricing guides or direct communications.

5. Indemnification

You agree to indemnify, defend, and hold me harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the website, your violation of these Terms, or your infringement of any third-party rights (including but not limited to copyright or privacy rights).

6. Disclaimer of Warranties & Limitation of Liability

• "As Is" Basis: This website is provided on an "as is" and "as available" basis without any warranties, express or implied.
• Liability Cap: To the maximum extent permitted by law, I shall not be liable for any indirect, incidental, or consequential damages. In no event shall my total liability to you for all damages exceed the amount paid by you, if any, for accessing this website.

7. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Pike County, Pennsylvania.

8. Changes to Terms

I reserve the right to modify these Terms at any time. Changes are effective immediately upon posting. Your continued use of the site signifies your acceptance of the updated Terms.

9. Contact Information

For questions or formal notices, please contact:
Benjamin Scholl
Email: photos@bscholl.xyz