Terms of service

TERMS OF USE

Manson Photography Effective Date: August 17, 2026 Last Updated: August 18, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.

These Terms of Use ("Terms") govern your access to and use of the website located at brianmanson.com (the "Site"), operated by Manson Photography, a sole proprietorship ("Manson Photography," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not access or use the Site.

If you purchase a license to any photograph through the Site, that transaction is also governed by our License Terms, which are incorporated into these Terms by reference and available at [link to License Terms]. In the event of a conflict between these Terms and the License Terms regarding the scope of a photo license, the License Terms control.

1. Eligibility

The Site is intended for a general audience. By using the Site, you represent that you are at least 18 years old, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into these Terms. If you are using the Site on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

2. The Site and Our Services

The Site allows visitors to view, purchase, and obtain licenses to use photographs taken by Manson Photography. Purchases and payment processing made through the Site are handled by Shopify and its payment processors. Our Privacy Policy [link] describes how we and Shopify handle information collected through the Site.

We may add, modify, or discontinue any feature, product, or content on the Site at any time, without notice.

3. Accounts

If the Site allows you to create a customer account (through Shopify's account functionality), you are responsible for:

  • Providing accurate and complete information when creating the account
  • Maintaining the confidentiality of your account credentials
  • All activity that occurs under your account

You agree to notify us promptly at photographybymanson@gmail.com if you become aware of any unauthorized use of your account. We are not liable for any loss arising from unauthorized use of your account, except to the extent caused by our own gross negligence or willful misconduct.

You may also complete a purchase as a guest, without creating an account, where that option is available.

4. Intellectual Property

a. Site Content. All content on the Site — including but not limited to photographs, text, graphics, logos, layout, and design — is owned by Manson Photography or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as expressly permitted under a valid photo license purchased through the Site, nothing in these Terms grants you any right to copy, reproduce, distribute, modify, display, or create derivative works from any content on the Site.

b. Browsing Use Only. Viewing photographs on the Site for the purpose of evaluating a potential purchase does not grant you any license to use those photographs. Any actual use of a photograph — including downloading, copying, printing, publishing, or otherwise using it — requires a valid, purchased license governed by our License Terms.

c. Trademarks. "Manson Photography" and any associated logos are trademarks or service marks of Manson Photography. You may not use these marks without our prior written permission.

5. Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms;
  • Copy, scrape, "screen-scrape," data-mine, or use any automated system to extract content or data from the Site, including watermarked or preview images, other than through the Site's intended purchase functionality;
  • Attempt to remove, obscure, or alter any copyright notice, watermark, or attribution on any photograph;
  • Circumvent or attempt to circumvent any security or access-control measure on the Site;
  • Upload or transmit any virus, malware, or other harmful code;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Interfere with or disrupt the operation of the Site or servers/networks connected to it;
  • Use the Site to harass, abuse, or harm another person; or
  • Submit false, misleading, or fraudulent information, including in connection with a purchase or contact form submission.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including removing content, suspending or terminating access to the Site, and reporting conduct to law enforcement where warranted.

6. Purchases

Prices for photo licenses are listed on the Site and are subject to change without notice. All purchases are processed through Shopify. By placing an order, you represent that any payment information you provide (directly to Shopify) is accurate and that you are authorized to use the applicable payment method.

We reserve the right to refuse or cancel any order, including for reasons such as suspected fraud, errors in pricing or product description, or unavailability, and, where an order is cancelled after payment, to issue a refund through Shopify.

Applicable taxes, if any, will be calculated and collected through Shopify's checkout process.

7. User-Submitted Content

If the Site allows you to submit content — such as messages through a contact form, reviews, testimonials, or comments ("User Content") — you agree that:

  • You will not submit User Content that is unlawful, infringing, defamatory, obscene, or otherwise objectionable;
  • You own or have the necessary rights to submit the User Content you provide; and
  • You grant Manson Photography a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, and display any User Content you voluntarily submit (such as a testimonial) for purposes of operating and promoting the Site, unless we agree otherwise in writing.

We may, but are not obligated to, monitor, edit, or remove User Content at our discretion.

8. Third-Party Links and Services

The Site may link to or integrate with third-party services, including Shopify and its checkout, payment, and account systems, as well as social media platforms. We do not control and are not responsible for the content, policies, or practices of any third-party site or service. Your use of any third-party service is governed by that third party's own terms and privacy policy.

9. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that: the Site will be uninterrupted, timely, secure, or error-free; the results obtained from use of the Site will be accurate or reliable; or that colors, tones, or other visual characteristics of photographs will appear identical on your screen, in print, or in other end uses as they appear on the Site, due to variations in monitors, printers, and other display or output devices.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MANSON PHOTOGRAPHY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Manson Photography from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any User Content you submit.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.

13. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights.

a. Agreement to Arbitrate. You and Manson Photography agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any purchase made through the Site (a "Dispute") will be resolved by binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if it qualifies.

b. Arbitration Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted in Los Angeles County, California, or another mutually agreed location, or, if both parties agree, by telephone or videoconference. The arbitrator's decision will be final and binding, subject only to limited review as provided by the Federal Arbitration Act.

c. Class Action Waiver. YOU AND MANSON PHOTOGRAPHY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

d. Opt-Out. You may opt out of this arbitration agreement by sending written notice to photographybymanson@gmail.com within thirty (30) days of the date you first accept these Terms. Your notice must include your name and a clear statement that you wish to opt out of arbitration.

e. Severability of This Section. If any part of this Section 13 is found unenforceable, the remainder of this Section will still apply, except that if the Class Action Waiver in subsection (c) is found unenforceable, then this entire Section 13 (other than this sentence) shall be null and void, and the Dispute shall be resolved in the courts identified in Section 14.

14. Venue (For Non-Arbitrable Disputes)

To the extent any Dispute is not subject to arbitration under Section 13 (for example, a qualifying small claims action, or if the arbitration agreement is found unenforceable as to a particular Dispute), you agree that such Dispute shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of those courts.

15. Changes to These Terms

We may revise these Terms at any time by updating this page. Changes are effective when posted, unless otherwise stated. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms. We will update the "Last Updated" date above when changes are made.

16. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice, including for violation of these Terms. Sections of these Terms that by their nature should survive termination (including but not limited to Sections 4, 7, 9, 10, 11, 12, and 13) will survive.

17. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and License Terms, constitute the entire agreement between you and Manson Photography regarding the Site, and supersede any prior agreements.

Severability. If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a sale or transfer of the business.

No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Manson Photography.

18. Contact Us

If you have questions about these Terms, please contact us at:

Manson Photography Email: photographybymanson@gmail.com Website: brianmanson.com