Terms of Service & Media Licensing

Overview & Covered Digital Properties

Welcome to billynewmanphoto.com and its affiliated studio and publishing properties operated by Billy Newman Photo (“we,” “us,” or “our”). These Terms of Use and Licensing Guidelines govern your access to and use of our websites, digital storefronts, client galleries, and media feeds, including billynewmanphoto.com, wphoto.co, card.wnp.app, and wnp-pay.web.app (collectively, the “Services”).

By accessing or using the Services, downloading digital editions, or commissioning photography or media production services, you agree to these Terms of Use. If you have entered into a separate signed studio contract, commercial license agreement, or statement of work with Billy Newman Photo, the specific terms of that signed agreement will take precedence over any conflicting general provisions on this page.

Intellectual Property, Copyright & AI Training Restrictions

Unless otherwise noted, all photographs, motion picture footage, 360-degree panoramas, audio recordings, podcast episodes, books, essays, graphics, and site code published across the Services are the copyrighted intellectual property of Billy Newman Photo and are protected under United States and international copyright laws.

Prohibition on Unauthorized Scraping & AI/ML Training: You may not use automated bots, crawlers, or data extraction tools to scrape photographs, video frames, audio recordings, or written text from our Services. Expressly and without limitation, no content from the Services may be copied, ingested, or used to train, fine-tune, or evaluate artificial intelligence, machine learning, facial recognition, or generative media models without a prior written license agreement.

Commercial Photography Licensing (Rights-Managed) & Studio Commissions

Commercial & Editorial Licensing: Photographs and film footage displayed in our portfolios are presented for viewing and evaluation. Except for files explicitly marked as personal digital downloads, portfolio images are licensed on a Rights-Managed (RM) basis. Any commercial, advertising, corporate, broadcast, merchandising, or editorial reproduction requires a written license specifying permitted media channels, territory, and duration.

Wedding & Portrait Client Galleries (wphoto.co): Clients who commission wedding, elopement, or portrait photography receive a personal, non-exclusive license to download, share with family and guests, and print their delivered high-resolution gallery images for personal, non-commercial use. Commercial resale, third-party vendor advertising, or publication submission requires prior studio consent.

Digital Books, Podcasts & Value-for-Value Downloads

We make select digital publications, Author Edition EPUB and PDF books, curriculum vitae documents, and podcast audio episodes available for direct access on billynewmanphoto.com and wnp-pay.web.app.

• Personal Non-Commercial License: When you download an Author Edition book, PDF guide, or podcast episode through our official download links, you are granted a personal, non-exclusive, non-transferable license to read, listen to, and store those files on your personal devices.
• No Redistribution or Resale: You may not resell, repackage, upload to commercial file-sharing repositories, or distribute modified copies of our digital books or audio productions.
• Value-for-Value Contributions & Digital Purchases: Value-for-Value patron contributions, direct creator support payments, and digital download purchases processed via Stripe on wnp-pay.web.app or billynewmanphoto.com/support/ directly fund independent media production. Because digital editions and patron contributions are delivered immediately without digital rights management locks, Value-for-Value support contributions are non-refundable once processed. If you experience a technical delivery issue or duplicate charge, please contact billy@billynewmanphoto.com for prompt assistance.

Acceptable Use & Third-Party Links

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others or interfere with the security and availability of our servers. You may not attempt to bypass authentication controls, probe site infrastructure, or misrepresent your affiliation with Billy Newman Photo.

Our pages reference external platforms and retail partners, including Amazon, Apple Podcasts, Spotify, YouTube, Outform, and Stripe. Those external services are governed by their own terms and privacy policies, and we are not responsible for third-party platform availability or external transactions.

Digital Millennium Copyright Act (DMCA) Notice Procedure

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512), if you believe that any material on our Services infringes a copyright you own or control, please send a written notification to our designated agent at billy@billynewmanphoto.com containing:

• Identification of the copyrighted work claimed to have been infringed;
• Identification of the specific URL or material on our Services that is claimed to be infringing;
• Your name, mailing address, telephone number, and email address;
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner, accompanied by your physical or electronic signature.

Disclaimer of Warranties & Limitation of Liability

The Services, portfolio archives, field guides, astronomy ephemeris tables, and digital downloads are provided on an “as is” and “as available” basis for informational, educational, and artistic purposes. Outdoor photography, backcountry overland travel, and night-sky fieldwork involve inherent environmental risks; readers are solely responsible for their own safety, navigation, and equipment in the field.

To the fullest extent permitted by applicable law, Billy Newman Photo disclaims all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In no event shall Billy Newman Photo be liable for any indirect, incidental, consequential, or punitive damages arising out of your access to or use of the Services, or for any claim exceeding the amount you paid directly to us for the specific product or service giving rise to the claim during the preceding twelve (12) months.

Governing Law, Severability & Contact Information

These Terms of Use and any dispute arising out of our Services or licensing arrangements are governed by the laws of the State of Oregon and applicable federal laws of the United States, without regard to conflict-of-law principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Oregon.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. We may update these Terms periodically to reflect new publications, studio services, or legal requirements, with the revision date posted at the top of this page.

For commercial licensing inquiries, studio permissions, or questions regarding these Terms, contact Billy Newman Photo at billy@billynewmanphoto.com.