Terms of Service

1. Acceptance of Terms

By accessing and using NoirLens ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. NoirLens reserves the right to modify these terms at any time, and continued use of the Platform constitutes acceptance of any changes. We encourage you to review these terms periodically to stay informed of any updates.

These terms apply to all users of the Platform, including photographers who upload and sell their work, customers who purchase photography, and visitors who browse the gallery. By creating an account, you confirm that you are at least 18 years of age, or that you have the consent of a parent or guardian who agrees to be bound by these Terms on your behalf.

2. Account Registration

To access certain features of NoirLens, including purchasing photos, uploading content, or managing orders, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify NoirLens immediately of any unauthorized use of your account.

When registering, you may choose between a "Photographer" account (for those who wish to upload and sell photography) or a "Customer" account (for those who wish to browse and purchase). Photographers are subject to additional obligations regarding content ownership, licensing rights, and quality standards as outlined in Section 4.

3. User Conduct

You agree not to use the Platform for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Platform. Prohibited activities include, but are not limited to: attempting to gain unauthorized access to any part of the Platform, using automated systems or bots to scrape or collect data, uploading content that infringes upon the intellectual property rights of others, and circumventing any security measures implemented by the Platform.

Users must not attempt to redistribute, resell, or sublicense purchased digital content unless explicitly authorized by the applicable license. Violations of these conduct rules may result in account suspension or termination, forfeiture of purchased content, and potential legal action.

4. Photographer Obligations

Photographers represent and warrant that they own or have the legal right to sell all content uploaded to the Platform. This includes owning the copyright to the photographs and having obtained all necessary model releases, property releases, and other permissions required for the commercial sale of the images. Photographers retain ownership of their uploaded content while granting NoirLens a limited, non-exclusive license to display, market, and deliver the content to purchasers.

Photographers are responsible for setting accurate and fair pricing for their work, providing accurate descriptions and metadata for each photo, ensuring that watermarked previews do not misrepresent the final delivered product, and promptly addressing any customer complaints or issues related to their content. NoirLens reserves the right to remove any content that violates these obligations, infringes on third-party rights, or is deemed inappropriate for the Platform.

5. Purchasing & Licensing

Customers may purchase photography in three formats: digital downloads, physical prints, and commercial licenses. Each format carries specific usage rights and restrictions. Digital downloads are licensed for personal, non-commercial use unless a commercial license is also purchased. Physical prints are intended for personal display and may not be reproduced, scanned, or digitized for redistribution. Commercial licenses grant broader usage rights as specified at the time of purchase.

All prices are displayed in US Dollars and are subject to change without notice. NoirLens reserves the right to offer promotional discounts and volume-based pricing. Volume discounts are automatically applied based on the number of items in the shopping cart, and promotional codes may be applied subject to their specific terms and expiration dates. The maximum combined discount is capped at 90% of the subtotal.

6. Refund Policy

Due to the digital nature of photography downloads, all sales of digital content are final once the download has been initiated. If you experience technical difficulties with a download, please contact us within 48 hours and we will make reasonable efforts to resolve the issue, including providing a replacement download link.

Physical print orders may be eligible for a refund or replacement if the product arrives damaged, defective, or significantly different from the description provided on the Platform. Refund requests for print orders must be submitted within 14 days of delivery. To request a refund, please provide your order number and a description of the issue. NoirLens reserves the right to request photographic evidence of damage or defects before processing a refund.

Commercial license purchases are refundable within 7 days of purchase if the licensed content has not been used in any published or distributed work. Once the licensed content has been incorporated into a commercial project, the license becomes non-refundable.

7. Intellectual Property

All content on the NoirLens Platform, including but not limited to photographs, logos, icons, and text, is protected by copyright and other intellectual property laws. Photographers retain copyright ownership of their uploaded images. The NoirLens name, logo, and brand identity are the exclusive property of NoirLens and may not be used without written permission.

Unauthorized reproduction, distribution, modification, or creation of derivative works from any content on the Platform is strictly prohibited and may result in legal action. Watermarks displayed on preview images are applied for copyright protection and are removed from purchased digital downloads and prints.

8. Limitation of Liability

NoirLens provides the Platform on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not guarantee that the Platform will be uninterrupted, error-free, or free of harmful components. In no event shall NoirLens be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform.

Our total liability to you for any claims arising from or related to the Platform shall not exceed the amount you paid to NoirLens in the twelve months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Dispute Resolution

Any disputes arising from these Terms of Service or your use of the Platform shall be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in accordance with applicable laws. You agree to waive any right to participate in class action lawsuits or class-wide arbitration against NoirLens.

10. Contact

If you have questions about these Terms of Service, please contact us through the NoirLens Platform. We aim to respond to all inquiries within two business days. For urgent matters related to account security or unauthorized transactions, please include "URGENT" in your message subject.