Terms of Service

Last Updated: May 5, 2026

Welcome to Ben Scholl Photos. These Terms of Service (“Terms”) constitute a legally binding agreement between you and Benjamin Scholl (“we,” “us,” or “our”) governing your use of this website (photos.bscholl.xyz), online photography galleries (benscholl.pixieset.com), and related services.

By accessing or using these platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must cease use of the website immediately.

1. Intellectual Property & Ownership

All content on this website—including but not limited to photographs, digital downloads, text, and logos—is the exclusive property of Benjamin Scholl and is protected by United States and international copyright laws.

• Limited License: We grant you a limited, non-exclusive, non-transferable license to view content for personal, non-commercial use only.

• Restrictions: You may not copy, screenshot, scrape, modify, or distribute any content without express written permission. This includes unauthorized sharing on social media platforms for organizational or promotional use.

• AI & Machine Learning: Use of any content for the purpose of training, fine-tuning, or developing Artificial Intelligence (AI) or machine learning models is strictly prohibited.

• Watermarks & Metadata: Removal or alteration of any watermark or EXIF/IPTC metadata is strictly prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA).

2. Unauthorized Use & Liquidated Damages

We take the protection of our creative work seriously. Any use of imagery that exceeds the "Limited License" defined in Section 1 (e.g., commercial use, non-profit promotional use, or social media distribution without credit/permission) will be subject to:

• Retroactive Licensing: A minimum retroactive licensing fee of $250.00 USD per image.

• Administrative Costs: You agree to pay all reasonable costs incurred by Benjamin Scholl in the discovery and enforcement of these Terms.

3. User Conduct & Prohibited Acts

You agree not to:

• Engage in automated data collection (scraping) or "hotlinking" to images.

• Use any image in a way that suggests endorsement or is defamatory, obscene, or unlawful.

4. Photo Publication & Removal Policy

Photographs are generally captured at public or newsworthy events where there is no reasonable expectation of privacy.

• Discretionary Removal: While we respect privacy, removal requests are evaluated at our sole discretion.

• Minors: We provide additional consideration for requests from parents or legal guardians regarding minors.

Removal Request Form

5. Indemnification

You agree to indemnify, defend, and hold harmless Benjamin Scholl from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the website, your violation of these Terms, or your infringement of any third-party rights.

6. Disclaimer of Warranties & Limitation of Liability

This website is provided on an "as is" basis. To the maximum extent permitted by law, Benjamin Scholl shall not be liable for any indirect, incidental, or consequential damages. In no event shall our total liability exceed the amount paid by you, if any, for accessing this website.

7. Governing Law & Attorney's Fees

These Terms shall be governed by the laws of the Commonwealth of Pennsylvania. Any legal action shall be brought exclusively in the state or federal courts located in Pike County, Pennsylvania. In the event of legal action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

8. Contact Information

For questions or formal notices, please contact:

Benjamin Scholl

Email: photos@bscholl.xyz