Terms of Service Privacy Policy Cookie Policy

Terms of Service

Terms of Service – Kerwyn Joseph Photography (Pixieset Gallery)

These Terms of Service (“Agreement”) govern access to and use of the online gallery delivered via Pixieset (“Gallery”). By accessing, viewing, downloading, purchasing, or interacting with the Gallery, the client (“Client”) agrees to be legally bound by the terms outlined below.

1. Ownership & Copyright

All images remain the exclusive intellectual property of Kerwyn Joseph – Photography.

  • Full copyright ownership is retained by the Photographer at all times.

  • No transfer of copyright is granted under any circumstance unless explicitly stated in writing.

  • The Client is granted a limited, non-exclusive, non-transferable license for personal use only.

  • Images may not be:

    • Sold, licensed, or redistributed to third parties.

    • Submitted to competitions, publications, or commercial platforms without written consent.

    • Altered, manipulated, or edited beyond basic cropping for social media.

2. Usage License (Personal vs Commercial)

Personal Use (Standard License)

  • Permitted uses include:

    • Social media posting

    • Personal printing

    • Sharing with family and friends

  • Must include credit: Kerwyn Joseph – Photography where applicable.

Commercial Use (Restricted)

  • Any use involving:

    • Business promotion

    • Advertising

    • Brand campaigns

    • Paid partnerships

  • Requires a separate commercial licensing agreement and fee.

Unauthorized commercial usage triggers retroactive licensing fees:

  • Minimum TTD $10,000 per image

  • Plus administrative and legal enforcement costs

3. Image Delivery & Editing Standards

  • Only final edited JPEG images are delivered.

  • RAW files are strictly not provided under any condition.

  • Editing style, color grading, and retouching are:

    • At the sole discretion of the Photographer

    • Consistent with the Photographer’s brand and portfolio

Additional edits:

  • Requests beyond the agreed package incur additional fees.

  • Extensive retouching (skin, body, object removal, etc.) is billed separately.

4. Gallery Access & Expiry

  • Galleries are delivered via Pixieset with private access.

  • Standard gallery availability:

    • 7–30 days unless otherwise stated

  • After expiry:

    • Gallery may be removed without notice

    • Re-activation incurs a gallery restoration fee

Client responsibility:

  • Download and back up all images before expiry

  • Photographer is not liable for lost files after gallery expiration

5. Image Selection Process (If Applicable)

  • Clients must select images using the Favorites feature within Pixieset.

  • Selection guidelines:

    • Follow allocated number of images based on package

    • Submit selections within the stated timeframe

Failure to comply:

  • Photographer reserves the right to:

    • Select images on behalf of the Client

    • Delay delivery timelines

6. Printing & Product Orders

  • Prints ordered through Pixieset are:

    • Fulfilled via third-party professional labs

  • The Photographer is not responsible for:

    • Shipping delays

    • Courier handling issues

    • Minor color variations due to print calibration

I

mportant:

  • Printing images outside recommended labs may result in quality degradation.

  • The Photographer is not liable for poor print quality from external vendors.

7. Payment Terms (For Purchases in Gallery)

  • All purchases (digital or print) must be:

    • Paid in full before delivery

  • Accepted payment methods:

    • Online payment gateways via Pixieset

    • Approved local payment methods (if applicable)

No refunds policy:

  • Due to the digital nature of products, all sales are final.

  • No refunds or exchanges once images are delivered or downloaded.

8. Prohibited Use & Misconduct

Clients are strictly prohibited from:

  • Screenshotting or screen-recording images from the gallery

  • Using unedited previews for posting or distribution

  • Applying filters that distort the Photographer’s work

  • Removing watermarks from proofs

  • Misrepresenting the work as their own

Violation results in:

  • Immediate termination of access

  • Legal enforcement action where necessary

9. Limitation of Liability

  • The Photographer is not liable for:

    • Third-party platform issues (Pixieset outages, errors)

    • Loss of images after download period

    • Unauthorized access due to Client sharing gallery links

  • Maximum liability is limited to the amount paid for the service.

10. Force Majeure

The Photographer is not responsible for failure or delay caused by:

  • Natural disasters

  • Technical failures

  • Illness or emergencies

  • Government restrictions

In such cases, reasonable solutions will be provided at the Photographer’s discretion.

11. Privacy & Data Handling

  • Client information is used strictly for:

    • Service delivery

    • Communication

    • Transaction processing

  • No personal data is sold or shared without consent.

12. Amendments

  • Terms may be updated at any time without prior notice.

  • Continued use of the gallery constitutes acceptance of revised terms.

13. Governing Law

This Agreement is governed by the laws of Trinidad and Tobago.

  • Any disputes shall be resolved within local jurisdiction.

  • Legal enforcement, including recovery of fees, will be pursued where necessary.

14. Acceptance of Terms

By accessing the Pixieset gallery, the Client:

  • Confirms they have read and understood these Terms

  • Agrees to comply fully with all conditions outlined

  • Accepts that breach of terms may result in legal and financial consequences

© KERWYN JOSEPH - PHOTOGRAPHY