1. Agreement to these terms

ohiomichael.com (the "Site") is operated by Potts Digital Services LLC ("we", "us", "our"), an Ohio limited liability company. These Terms of Service (the "Terms") govern your access to and use of the Site, including browsing collections, creating an account, and purchasing photograph downloads.

By using the Site or placing an order, you agree to these Terms. If you do not agree, do not use the Site. Our Privacy Policy and Refund Policy are incorporated into these Terms by reference.

2. Who may use the Site

You must be at least 18 years old, or the age of majority in your state, to create an account or make a purchase. By purchasing, you represent that you meet that requirement and that you are able to form a binding contract.

The Site is operated from the United States and is intended for customers in the United States. We make no representation that the Site or the photographs are appropriate or available for use in other locations. We may decline or cancel any order placed from outside the United States.

3. Your account

An account is required to purchase. You agree to provide accurate information, to keep your password confidential, and to be responsible for everything that happens under your account.

Notify us at contact@ohiomichael.com immediately if you believe your account has been accessed without your permission. Because purchased downloads remain available in your account, an account you share is an account through which your license can be breached — and you remain responsible for that breach.

We may suspend or terminate an account that violates these Terms, that is used to redistribute our photographs, or that we reasonably believe is being used fraudulently.

4. Ownership of the photographs

Every photograph on the Site is an original work owned by Potts Digital Services LLC and protected by United States and international copyright law. All rights not expressly granted in Section 5 are reserved.

Buying a download does not transfer copyright. You are purchasing a limited license to use a copy of the photograph. We remain the copyright holder, and we may continue to display, license and sell the same photograph to anyone else.

The Site itself — its layout, text, and code — along with our name and logo, is also our property and may not be copied or reused without permission.

5. What your purchase licenses you to do

When your payment is complete, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual license to use the purchased photograph for personal, non-commercial purposes only.

5.1 You may

• Print the photograph, at any size, for display in your own home or office.
• Have a third-party print lab produce those prints for you, provided the prints are for your own personal use and are not sold.
• Use it as a personal wallpaper, screen background, or profile image.
• Post it to your personal social media accounts, provided the post is not advertising, sponsored, or otherwise commercial, and provided you credit ohiomichael.com where the platform allows it.
• Give a single physical print as a personal, non-commercial gift.
• Keep your own backup copies of the file for personal archival purposes.

5.2 You may not

• Use the photograph for any commercial, promotional, or revenue-generating purpose, including advertising, marketing, packaging, a business website, or business social media.
• Resell, license, sublicense, rent, lend, or otherwise distribute the file, whether alone or as part of a collection.
• Sell prints, canvases, merchandise, or any other product incorporating the photograph.
• Share, email, upload, or transfer the file to any other person, or make it available on a network, file-sharing service, or public server.
• Upload the photograph to a stock photography site, print-on-demand service, NFT platform, or any other service that offers it to third parties.
• Use the photograph, or any part of it, to train, fine-tune, or otherwise develop a machine learning or generative artificial intelligence model or dataset.
• Claim authorship of the photograph, or register it, or any derivative of it, with any copyright office or rights registry.
• Remove, alter, or obscure any copyright notice or embedded metadata in the file.
• Use the photograph in a way that is unlawful, defamatory, obscene, or that suggests we endorse a person, product, cause, or organization.

5.3 Editing

You may crop, resize, and adjust the photograph for your own personal display. Any such edit remains subject to this license and does not create a new work you own.

5.4 Need broader rights?

If you want to use a photograph commercially, we license that separately. Write to contact@ohiomichael.com and tell us what you have in mind. Commercial use without a commercial license is copyright infringement, not a billing dispute.

5.5 Termination of the license

This license terminates automatically if you breach it. On termination you must stop using the photograph and destroy the files in your possession. Termination does not limit any other remedy available to us, and it does not entitle you to a refund.

6. Watermarked previews

Photographs displayed on the Site before purchase are low-resolution, watermarked previews. They are provided so you can decide what to buy. No license of any kind is granted in a preview. Saving, screenshotting, scraping, or attempting to remove the watermark from a preview is a breach of these Terms and an infringement of our copyright.

7. Pricing, orders and payment

All prices are listed in United States dollars and are exclusive of applicable sales tax, which is calculated at checkout where required.

Placing an order is an offer to buy. We may decline or cancel any order — including after a payment attempt — if a photograph was mispriced or listed in error, if we suspect fraud, or if the order breaches these Terms. Where we cancel an order you have already paid for, we will refund it in full.

Order holds. When you start checkout we reserve your order for a limited period so you can complete payment. If payment is not completed within that window, the pending order is released and its items return to your cart. You may also cancel a pending, unpaid order yourself from your account page.

Payment processing. Payments are processed by Stripe, Inc. We never receive or store your full card number. Your purchase contract is with us, not with Stripe — but Stripe handles your payment details under its own Privacy Policy, which covers people who buy from businesses using Stripe. If you choose to save your details with Link, Stripe's own saved-payment service, your use of that service is separately subject to Stripe's Consumer Terms of Service. If a payment is reversed, charged back, or otherwise fails after delivery, the license in Section 5 terminates automatically.

8. Delivery of your files

Photographs are delivered digitally. There is nothing to ship and no physical product. After your payment succeeds we prepare your full-resolution files as a single .zip archive and email you when it is ready. Preparation is usually quick, but it is not instant, and large orders take longer.

Your download is available from your account page, and you may re-download it as many times as you need. We do not currently expire download links, but we do not guarantee that any file will remain available indefinitely — please save your own backup copy once you have downloaded it.

If your download fails to build, arrives corrupt, or does not appear within a reasonable time, contact us and we will fix it or refund you. See the Refund Policy.

9. Refunds

Because files are delivered digitally and cannot be returned, sales are final except in the circumstances described in our Refund Policy, which forms part of these Terms.

10. Acceptable use of the Site

You agree not to:

• Scrape, crawl, harvest, or bulk-download any part of the Site or its images by automated means.
• Attempt to access files, accounts, orders, or administrative areas that are not yours.
• Probe, scan, or test the security of the Site, or interfere with its normal operation.
• Reverse engineer any part of the Site, or circumvent any access control, watermark, or rate limit.
• Use the Site to transmit malware, spam, or unlawful content, including through the contact form.

11. Messages you send us

If you send us a message through the contact form or by email, you grant us permission to store it and to reply to it. Do not send us confidential information, and do not send us creative ideas or proposals you expect to be paid for — we cannot accept unsolicited submissions on confidential terms.

12. Third-party services and links

The Site relies on third-party services, including payment processing, hosting, file storage, and email delivery, and may link to third-party websites. We are not responsible for the content, policies, or practices of any third party.

13. Disclaimer of warranties

THE SITE AND ALL PHOTOGRAPHS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Site will be uninterrupted, secure, or error-free, that defects will be corrected, or that any photograph will meet your expectations as to color, resolution, or suitability for a particular print size or medium. Monitors and printers vary; a file that looks right on your screen may print differently.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POTTS DIGITAL SERVICES LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PHOTOGRAPH, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some states do not allow the exclusion of certain warranties or the limitation of certain damages. In those states, the exclusions and limitations above apply only to the extent permitted by law, and nothing in these Terms limits liability for fraud or for any other liability that cannot lawfully be limited.

15. Indemnification

You agree to indemnify and hold harmless Potts Digital Services LLC and its members, officers, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of the Site, your use of any photograph outside the license granted in Section 5, or your breach of these Terms.

16. Term and termination

These Terms apply for as long as you use the Site. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms. Sections 4, 5.2, 5.5, and 11 through 18 survive termination.

17. Governing law and venue

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Delaware County, Ohio, and you consent to the personal jurisdiction of those courts.

Informal resolution first. Before filing anything, please email contact@ohiomichael.com with a description of the problem. Most disputes are a misunderstanding about the license or a download that did not arrive, and both are quicker to fix directly. We ask for 30 days to resolve a dispute informally.

18. Changes to these Terms

We may update these Terms from time to time. The "last updated" date at the top of this page reflects the most recent version. Material changes will be posted here before they take effect, and continuing to use the Site after that means you accept them. The Terms in force at the time of your purchase govern that purchase.

19. General

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us regarding the Site. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a sale or reorganization of the business.

20. Copyright complaints

If you believe material on the Site infringes your copyright, send a notice with the details required by the Digital Millennium Copyright Act to contact@ohiomichael.com, including identification of the work, its location on the Site, your contact information, and a statement made under penalty of perjury that you are authorized to act.

21. Contact

Potts Digital Services LLC
9064 Ellersly Dr, Lewis Center, OHIO 43035
contact@ohiomichael.com