Last updated: September 21, 2026
These Customer Terms of Sale and End User License Agreement ("Terms") govern every purchase of a digital photograph made through surfphoto.net (the "Site"). By placing an order, downloading a digital photo, or otherwise using the Site to buy a digital photo, you ("Buyer," "you") agree to be bound by these Terms. If you do not agree, do not complete a purchase.
[Company Legal Name], LLC, a Florida limited liability company ("Company," "we," "us," "our"), is the sole legal seller and merchant of record for every digital photograph sold through the Site. Photographs featured on the Site are captured by independent photographers, but Company — not the individual photographer — is the counterparty to your purchase, processes your payment, issues your receipt, and is solely responsible to you for the sale. Any reference to a photographer's name on the Site identifies the creator of the image; it does not make that photographer a party to your purchase.
When you complete a purchase, you are buying one digital copy of a specific photograph — a single "copyrighted article" — for delivery by download. You are not buying the copyright in the photograph, and you are not buying any right to exploit the photograph commercially. Ownership and all copyright and other intellectual property rights in the photograph remain at all times with Company and/or the photographer who created it.
Subject to your compliance with these Terms and full payment, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the single downloaded copy strictly for your own personal, non-commercial purposes, such as printing it for yourself, sharing it privately with friends or family, or posting it to your own personal social media accounts with attribution where reasonably practicable.
You may NOT, under any circumstances, without Company's prior written consent:
Any use outside the scope of this license immediately terminates your right to use the photograph and may expose you to liability for copyright infringement, in addition to Company's remedies under these Terms.
Because digital photographs are delivered to you instantly and irrevocably upon purchase, all sales are final. Except where required by applicable law, Company does not offer refunds, exchanges, or cancellations once a download has been made available to you, regardless of whether you actually download the file.
Initiating a bank or card chargeback, payment dispute, or "friendly fraud" claim with your bank, card issuer, or payment processor after you have successfully downloaded a digital photograph — rather than contacting Company directly to resolve a genuine billing error — is a material breach of these Terms and constitutes fraudulent activity against Company.
If you initiate a chargeback or dispute after a successful download, Company reserves the right to:
Prices are shown in U.S. dollars and are processed through Company's third-party payment processor. Company may change prices at any time before an order is placed; the price you pay is the price displayed at checkout. You are responsible for any taxes, duties, or currency conversion fees applicable to your purchase.
Company may suspend or terminate your access to the Site and any license granted under these Terms, without notice, if you violate these Terms, engage in fraudulent or abusive conduct (including the chargeback abuse described above), or use a purchased photograph outside the scope of Section 2.
THE SITE AND ALL PHOTOGRAPHS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR PURCHASE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE PHOTOGRAPH(S) GIVING RISE TO THE CLAIM. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or your purchase will be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of those courts.
Company may update these Terms from time to time. The version posted on the Site at the time of your purchase governs that purchase. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms for future purchases.
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any order confirmation, constitute the entire agreement between you and Company regarding your purchase and supersede any prior agreements. You may not assign these Terms; Company may assign these Terms in connection with a merger, acquisition, or sale of assets.
Questions about these Terms or a purchase can be sent to [legal@surfphoto.net].
