Terms of service

Marabito Photography

Terms of Use

Effective Date: 2026-03-13

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of www.marabito.com (the "Site"), operated by Marabito Photography ("Company," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Site immediately.

2. Eligibility

You must be at least 18 years old to use this Site or make purchases. By using the Site, you represent that you meet this requirement.

3. Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

- Use the Site in any way that violates applicable laws or regulations.

- Attempt to interfere with the proper functioning of the Site.

- Use any automated tools, data mining, or similar methods to access information from the Site.

- Impersonate any person or entity or misrepresent your affiliation with us.

We reserve the right to suspend or terminate access for any user who violates these Terms.

4. Accounts

We currently do not offer or require user accounts to make purchases. If this changes in the future, additional terms will apply.

5. Purchases and Payment

All products sold through the Site must be paid for at the time of purchase. Payments are processed securely through Shopify’s e-commerce platform and its authorized payment providers. By completing a purchase, you authorize us and our payment processors to charge your selected payment method.

We reserve the right to refuse or cancel orders, including in cases of suspected fraud, pricing errors, or product unavailability.

6. Shipping and Availability

We only ship to addresses within the United States and U.S. territories. We do not offer products to customers outside these regions. Estimated delivery times are provided for convenience and may vary.

7. Intellectual Property

All photographs, images, artwork, graphics, text, product descriptions, layout, design elements, digital downloads, and all other content displayed on or sold through the Site (collectively, the "Content") are the exclusive property of Marabito Photography or its licensors. The Content is protected by U.S. and international copyright, trademark, and other intellectual property laws.

A. Ownership of Photographs

All photographs displayed on the Site—whether for viewing, purchase, or digital download—are owned by Marabito Photography or its licensors. Purchasing a print or digital file grants you only a personal, non-exclusive, non-transferable license to use the purchased item for personal display. You do not acquire any ownership or intellectual property rights by purchasing a photograph.

You may not:

- Copy, scan, digitize, or reproduce photographs in any form

- Modify, edit, crop, or create derivative works

- Remove copyright notices or metadata

- Sell, license, or distribute photographs to others

- Publish photographs online or in print without written permission

- Use photographs for commercial purposes, including advertising, marketing, or resale

If you wish to license an image for commercial or editorial use, you must contact us to obtain a separate written license agreement.

B. No Use of Content for Artificial Intelligence Training or Dataset Creation

You may not use, copy, scrape, reproduce, download, or otherwise access any photographs, images, text, or other Content on the Site for the purpose of training, refining, or developing artificial intelligence models, machine learning systems, neural networks, image recognition tools, or any similar technologies.

Unauthorized use of the Site’s Content for AI training is strictly prohibited and constitutes copyright infringement.

Marabito Photography reserves all rights to pursue legal remedies, including statutory damages, for any such use.

 C. Copyright Protection

All photographs and other Content on the Site are protected by U.S. and international copyright law.
Any unauthorized reproduction, distribution, display, or use of the Content—including copying images, downloading images, removing watermarks, screenshotting, or posting images elsewhere without permission—is strictly prohibited.

Such unauthorized use may subject you to civil liability, including statutory damages of up to $150,000 per infringement under 17 U.S.C. § 504, in addition to actual damages, attorney’s fees, and injunctive relief.

We actively monitor for unauthorized reproduction and distribution of our photographs and enforce our rights to the fullest extent permitted by law.

D. Trademarks

All trademarks, service marks, logos, and trade names displayed on the Site are the property of Marabito Photography or third parties. You may not use any trademarks without prior written permission.

E. Limited License to Access the Site

We grant you a limited, revocable, non-transferable license to access and use the Site for personal, non-commercial purposes. This license does not permit:

- Downloading (other than page caching) or copying of any Content

- Use of the Site or Content for commercial purposes without permission

- Use of data mining, robots, or scraping tools

Any use of the Site or Content beyond what is expressly permitted terminates the license granted to you.

8. Product Information and Availability

Product Information and Availability We make reasonable efforts to display accurate product information, but we do not guarantee that:

- Descriptions, pricing, or availability are error-free.

- Colors or materials appear exactly as displayed on your device.

We reserve the right to:

- Modify or discontinue products at any time.

- Correct errors or inaccuracies without prior notice.

9. Third-Party Services

The Site uses third-party tools and integrations, including Shopify (which powers our online store), Google Analytics, and advertising platforms. Your use of these services may be subject to their own terms and policies.

We are not responsible for third-party websites linked from the Site.

Note about Shopify: While our store is hosted and operated using Shopify’s platform, all purchases are made directly with Marabito Photography. Shopify is not a party to any transactions made on the Site and disclaims all liability related to your interactions or purchases. For more details, see Shopify Terms of Service and Shopify Privacy Policy.

10. User Content

If you submit content (e.g., reviews, feedback, messages), you grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute such content in connection with operating and improving the Site.

You are responsible for ensuring any submitted content:

- Does not infringe intellectual property or privacy rights;

- Is not unlawful, harmful, defamatory, or inappropriate.

11. Prohibited Conduct

You may not:

- Interfere with or attempt to disrupt the Site's operation;

- Introduce viruses, malware, or harmful code;

- Attempt to gain unauthorized access to the Site or related systems;

- Use the Site for fraudulent or commercial purposes unrelated to purchasing products from us.

12. Disclaimer of Warranties

The Site and all content are provided "as is" and "as available" without warranties of any kind, express or implied.

We do not warrant that:

- The Site will be uninterrupted or error-free;

- Any defects will be corrected;

- The Site or server are free of viruses or harmful components.

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

To the fullest extent permitted by law, Marabito Photography shall not be liable for:

- Any indirect, incidental, special, consequential, or punitive damages;

- Any loss of profits, revenue, data, or goodwill;

- Any damages arising from your use of or inability to use the Site.

Our total liability for any claim shall not exceed the amount you paid for products purchased through the Site.

Some jurisdictions do not allow certain limitations, so some provisions may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless Marabito Photography and its officers, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses arising from your use of the Site or violation of these Terms.

15. DMCA Copyright Policy

Marabito Photography respects the intellectual property rights of others and expects users of the Site to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to valid notices of alleged copyright infringement that comply with the requirements of 17 U.S.C. § 512(c)(3). We may remove or disable access to material that is claimed to be infringing and may terminate the accounts or access of repeat infringers.

A. How to Submit a DMCA Takedown Notice

If you believe that your copyrighted work has been copied, displayed, or used on the Site in a manner that constitutes copyright infringement, please submit a written notice containing the following information:

1. Your full name, mailing address, telephone number, and email address;
2. A description of the copyrighted work you claim has been infringed;
3. The exact URL or a reasonably sufficient description of the location of the allegedly infringing material on the Site;
4. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner;
6. Your physical or electronic signature.

DMCA notices should be sent to:

Email: photographs@marabito.com
Subject Line: DMCA Takedown Notice

B. Counter-Notification Procedure

If material you posted was removed (or access to it was disabled) as a result of a DMCA notice, and you believe the removal was in error, you may send us a counter-notification containing:

1. Your name, mailing address, telephone number, and email address;
2. Identification of the material that was removed and its prior location on the Site;
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed due to mistake or misidentification;
4. A statement that you consent to the jurisdiction of the federal district court in the Commonwealth of Massachusetts, and that you will accept service of process from the person who provided the original DMCA notice;
5. Your physical or electronic signature.

If we receive a valid counter-notification, we may restore the removed content unless the original complainant files a court action within 14 days seeking an order to prevent restoration.

C. Repeat Infringer Policy

In appropriate circumstances, we may terminate or restrict access for users who are determined to be repeat infringers.

16. Changes to the Terms

We may update these Terms from time to time. Changes will be posted to the Site with an updated Effective Date. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

17. Governing Law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. Any disputes shall be resolved exclusively in state or federal courts located in Boston, Massachusetts.

18. Termination

We may suspend or terminate access to the Site at any time, without notice, for conduct that violates these Terms or is harmful to our business or other users.

19. Entire Agreement

These Terms constitute the entire agreement between you and Marabito Photography regarding your access to and use of the Site. They supersede all prior and contemporaneous agreements, communications, or proposals, whether oral or written.

20. Severability

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

21. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

22. Force Majeure

We shall not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, pandemics, failure of utility services, internet outages, or governmental restrictions.

23. Assignment

You may not assign, delegate, or transfer these Terms or any of your rights or obligations under them without our prior written consent. Any attempt to do so without consent will be null and void. We may assign or transfer these Terms without restriction.

24. Contact Us

For questions about these Terms, contact:

photographs@marabito.com