Effective Date of current version: 04th of July, 2025
This version of the Agreement is effective as of July 4, 2025, and applies to all orders placed on or after this date. The Photographer reserves the right to modify the Agreement at any time. Clients will be bound by the version in effect at the time of their order.
Photographer: Irina Pigman / Ira Ochomma
Website: iraochomma.com
Client (Buyer): The person placing an order through this website, who confirms that they are at least 18 years old and legally capable of entering into a binding agreement.
1. Scope of Purchase
The Client is purchasing a made-to-order, physical photographic print of an original image created and copyrighted by the Photographer. This purchase includes a non-exclusive, non-transferable, revocable license to display the print for personal, non-commercial purposes only.
For purposes of this Agreement, "written consent" includes verifiable email communication.
2. Permitted Use
The purchased print may be:
• Displayed in a private home, office, or personal space;
• Gifted to another individual for personal use (non-commercial).
The print may not be used in any public venue or shared digitally in any format unless otherwise agreed in writing.
3. Restrictions
The Client may not:
• Reproduce, scan, copy, or digitize the print;
• Use the image for any commercial purposes, including marketing, resale, or advertising;
• Alter the image in any way (e.g., cropping, editing, overlaying text) for redistribution;
• Sell or otherwise transfer the physical print to third parties for any commercial or resale purposes without written permission from the Photographer;
• Create, train, or use the image in connection with any machine learning model, artificial intelligence system, or to generate derivative digital works, including NFTs or AI-generated variations, without explicit written permission.
• Upload, post, or share the image, including photographs of the print, on any website, social media platform, or digital publication without prior written consent.
4. Copyright Notice
The Photographer retains full copyright and ownership of all images. Purchase of a print does not transfer any intellectual property rights.
The Photographer retains all moral and economic rights under the U.S. Copyright Act.
5. Order Processing & Shipping
Prints are made to order and will be shipped to the address provided during checkout.
Standard production and delivery times will be listed on the website.
Shipping delays caused by carriers are outside the Photographer’s control.
The Client is responsible for providing accurate shipping information. The Photographer is not liable for lost or undeliverable shipments resulting from incorrect address details provided by the Client.
All shipments are insured. In the case of damage during shipping, the Photographer will file an insurance claim on behalf of the Client and provide a replacement print upon approval of the claim.
6. Returns & Refunds
All prints are custom made to order and therefore not eligible for return or refund, except in the case of damage or misprints.
Clients must notify the Photographer within 7 days of delivery and provide photographic evidence.
Approved claims will result in a replacement shipment. No monetary refunds will be issued.
7. Limitation of Liability
The Photographer is not responsible for any indirect or incidental damages arising from the use or delivery of the purchased print.
In no event shall the Photographer’s total liability exceed the amount paid by the Client for the print.
8. Governing Law
This agreement shall be governed by the laws of the state of Florida.
Any disputes shall be resolved exclusively in the state and federal courts located in [City], [States]. Both partiesconsent to the jurisdiction of these courts.
9. Force Majeure
The Photographer shall not be held liable for any failure to perform or delay in performance caused by circumstances beyond reasonable control, including but not limited to acts of God, natural disasters, war, pandemics, governmental actions, postal or shipping disruptions, or internet outages.
10. Agreement to Terms
By placing an order, you agree to the terms outlined in the Bird Photography Print Sale and Personal Use License Agreement.
This agreement must be accepted by checking the box at checkout before completing your order.
