Terms of Service

Terms of Service

Effective Date: Jan 1, 2026
Last Updated: June 9, 2026

These Terms of Service (“Terms”) govern your access to and use of the websites and online services operated by Create With Don LLC, including:

and any related subdomains, galleries, shop pages, booking pages, inquiry forms, downloads, and online services that link to or reference these Terms (collectively, the “Sites”).

In these Terms, “Create With Don,” “we,” “us,” and “our” refer to Create With Don LLC and its owner, Don Wilson.

By accessing or using the Sites, submitting an inquiry, booking services, purchasing prints or digital files, or otherwise interacting with us through the Sites, you agree to these Terms. If you do not agree, do not use the Sites.

1. Eligibility and Permitted Use

You may use the Sites only in compliance with applicable law and these Terms. You agree to use the Sites only for lawful purposes, including browsing our portfolio, learning about our services, submitting inquiries, booking services, and purchasing authorized products or licenses.

You may not use the Sites for any fraudulent, unlawful, harmful, infringing, or abusive purpose.

2. Scope of These Terms

These Terms apply to:

casual visitors and viewers of the Sites,
prospective clients who submit inquiries or booking requests,
customers who purchase prints, digital downloads, or other products,
existing clients who access galleries, scheduling pages, invoices, or other online materials through the Sites.

If you enter into a separate agreement with us, including a proposal, contract, invoice, booking confirmation, quote, license agreement, or model release, that separate agreement will control to the extent of any conflict with these Terms.

3. Inquiries, Booking Requests, and Client Relationships

Submitting an inquiry, questionnaire, or booking request through the Sites does not guarantee availability, acceptance, or reservation of services.

A client relationship for photography or related creative services is formed only when we affirmatively accept the booking and, where applicable, you complete any required steps such as signing an agreement, paying a retainer or deposit, or receiving written confirmation from us.

Project-specific details, including scope, session length, deliverables, turnaround times, usage rights, fees, retainer requirements, cancellation/rescheduling terms, and any refund policies, may be set forth in a separate agreement or booking confirmation. Those terms are incorporated into your transaction and will control for that project.

4. Products, Services, and Site Content

The Sites may include:

portfolio images and videos,
package descriptions and pricing,
booking and inquiry forms,
online galleries,
print and digital image sales,
educational or informational content,
links to third-party tools or service providers.

We may update, suspend, remove, or modify any part of the Sites, including product availability, pricing, service descriptions, and features, at any time without liability.

5. Digital Downloads and Image Licenses

Any digital image, download, or other creative asset purchased or delivered through the Sites is licensed, not sold, unless we expressly state otherwise in writing.

Unless a separate written license says otherwise, digital image purchases are subject to a limited, non-exclusive, non-transferable, revocable license for personal use only. That license does not permit commercial use, advertising use, editorial use, resale, sublicensing, publication, merchandising, or other exploitative use.

You may not:

use any image for commercial purposes without a separate written license,
sell, sublicense, share, redistribute, or transfer the file to others except for ordinary personal viewing,
alter, remove, or obscure watermarks, metadata, copyright notices, or embedded ownership information,
submit, upload, scrape, ingest, or use any image, preview, file, or site content for training, fine-tuning, testing, or developing machine learning systems, artificial intelligence models, generative tools, computer vision systems, or similar technologies,
falsely claim authorship or ownership of any image.

Any rights not expressly granted are reserved by Create With Don LLC.

6. Print Orders and Physical Products

Prints and physical products are made to order unless otherwise stated.

By purchasing a print or physical product, you agree that:

all sales are final except as required by law or as expressly stated in these Terms,
slight variations in color, density, crop, framing, finish, or presentation may occur due to screen settings, lab processes, materials, and production methods,
processing and shipping timelines are estimates only and are not guaranteed,
custom orders, framing requests, rush requests, or special sizing may require separate approval and pricing.

Damaged or Defective Orders

If your print or physical product arrives damaged or materially defective, you must contact us at hi@thedonwilson.com within 5 calendar days of delivery and provide:

your order information,
a description of the issue,
clear photographs showing the damage or defect.

If we determine replacement is appropriate, we may replace the item or provide another remedy at our discretion, subject to applicable law.

7. Pricing, Payments, and Taxes

Prices, package details, and product availability may change at any time before your order is accepted.

Payments made through the Sites may be processed by third-party providers. By submitting payment information, you authorize the applicable payment processor and us to charge the amounts due for your order, booking, or purchase.

You are responsible for any applicable taxes, shipping charges, transaction fees, customs charges, or other charges disclosed at checkout or imposed by law.

For services, we may require a retainer, deposit, or advance payment. Unless otherwise stated in a separate written agreement, payments made to reserve time on our calendar may be non-refundable.

8. Refunds and Chargebacks

Unless a separate written agreement states otherwise:

digital downloads are non-refundable once delivered, made available, or accessed,
print and physical product orders are non-refundable except for damage, defect, or as otherwise required by law.

You agree to contact us first at legal@thedonwilson.com to attempt to resolve any issue before initiating a chargeback or payment dispute.

9. Intellectual Property

All photographs, videos, graphics, logos, branding, text, layouts, designs, downloads, and other content on the Sites, and all associated intellectual property rights, are owned by or licensed to Create With Don LLC unless otherwise stated.

Your use of the Sites does not grant you any ownership rights in any site content, photograph, or other material.

You may not copy, download, screenshot, reproduce, republish, distribute, display, sell, license, scrape, reverse engineer, or create derivative works from any part of the Sites or their content except as expressly authorized in writing.

10. User Submissions

If you submit information to us, including through a contact form, questionnaire, email, review, testimonial, or booking inquiry, you represent that the information is accurate and that you have the right to provide it.

If you send us comments, reviews, testimonials, suggestions, or other feedback, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and publish that feedback for business purposes, unless we agree otherwise in writing.

You must not submit any content that is unlawful, defamatory, infringing, misleading, obscene, or invasive of another person’s privacy.

11. Prohibited Conduct

You may not, and may not attempt to:

bypass or interfere with security features of the Sites,
scrape, harvest, crawl, or systematically extract content or data from the Sites,
use bots, scripts, automation, or other means to access the Sites in a manner that burdens or disrupts them,
obtain or attempt to obtain digital files, proofs, previews, or gallery content without authorization,
reproduce, redistribute, or resell any image, gallery content, or download,
impersonate any person or entity,
upload malicious code or interfere with the operation of the Sites,
use the Sites or their content in a way that violates copyright, privacy, publicity, consumer protection, or other laws,
use watermarked previews or low-resolution previews for public or commercial purposes.

12. Third-Party Services and Links

The Sites may integrate with or link to third-party services, including gallery, booking, payment, analytics, shipping, lab, or social media providers.

We are not responsible for third-party services, websites, policies, content, uptime, payment processing, accessibility, or security practices. Your use of third-party services is governed by their own terms and policies.

13. Privacy

Your use of the Sites is also subject to our Privacy Policy, which is incorporated into these Terms by reference. If these Terms and the Privacy Policy conflict on a privacy-specific issue, the Privacy Policy will control for that issue.

14. Accessibility

We are committed to making our Sites more accessible and usable for all visitors. Because accessibility is an ongoing effort, some areas may improve over time. If you encounter an accessibility barrier, please contact us at hi@thedonwilson.com and include the page or feature involved so we can review it.

15. Disclaimers

The Sites and all content, products, and services made available through them are provided on an “as is” and “as available” basis to the fullest extent permitted by law.

We do not guarantee that:

the Sites will always be available, uninterrupted, secure, or error-free,
any page, gallery, feature, or checkout flow will function without delay or defect,
colors or image appearance will display identically across all devices,
all descriptions, prices, or availability information will always be complete, current, or error-free,
your use of the Sites will meet your expectations or business needs.

To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

16. Limitation of Liability

To the fullest extent permitted by law, Create With Don LLC and its owner, officers, agents, contractors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, lost savings, business interruption, reputational harm, or loss arising out of or related to:

your use of or inability to use the Sites,
purchases, bookings, downloads, or transactions made through the Sites,
unauthorized access to or alteration of your information,
third-party services or providers,
delays, outages, delivery failures, or technical issues,
errors or omissions in site content.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Sites or these Terms will not exceed the fees you paid us for the specific transaction giving rise to the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law.\

17. Indemnification

You agree to defend, indemnify, and hold harmless Create With Don LLC and its owner, officers, agents, contractors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your misuse of the Sites,
your violation of these Terms,
your infringement of intellectual property, privacy, publicity, or other rights,
any information or content you submit through the Sites,
your unlawful or unauthorized use of purchased or delivered images.

18. Suspension and Termination

We may suspend, restrict, or terminate your access to all or part of the Sites at any time, with or without notice, if we believe you have violated these Terms, pose a risk to us or others, or are using the Sites in an unauthorized way.

Sections that by their nature should survive termination will survive, including sections relating to intellectual property, licenses, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

19. Dispute Resolution, Governing Law, and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Informal Resolution First

Before initiating arbitration or filing a claim, you and Create With Don LLC agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Sites through informal good-faith negotiations.

A party starting a dispute must send written notice describing the issue and requested relief to hi@thedonwilson.com or, if you are the recipient, to the contact information you have provided to us. The parties will then have 30 days from receipt of that notice to attempt to resolve the matter informally.

Binding Arbitration

If the dispute is not resolved within that 30-day period, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”).

Arbitrations involving individual consumers shall be administered under the AAA Consumer Arbitration Rules, if applicable.
Arbitrations involving businesses, commercial parties, or claims not governed by the consumer rules shall be administered under the AAA Commercial Arbitration Rules.
The arbitration shall be conducted by one arbitrator.
The seat of the arbitration shall be Kings County, New York, unless the applicable AAA rules or applicable law require otherwise.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except where applicable law provides otherwise.

Exceptions

Nothing in this section prevents either party from:

filing an individual claim in small claims court if it qualifies,
seeking temporary, preliminary, or emergency injunctive relief in a court of competent jurisdiction where necessary to prevent unauthorized use of intellectual property, misuse of confidential information, security abuse, or other irreparable harm, pending completion of the informal resolution or arbitration process.

No Class Actions

To the fullest extent permitted by law, disputes must be brought on an individual basis only, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative action.

Court Proceedings Where Needed

If a court determines that this arbitration provision is unenforceable as to a particular claim or request for relief, then that claim or request shall be brought exclusively in the state or federal courts located in Kings County, New York, and the parties consent to the personal jurisdiction of those courts for that limited purpose.

20. Changes to These Terms

We may update these Terms from time to time. The updated version will be effective when posted unless a later date is stated. Your continued use of the Sites after updated Terms are posted constitutes your acceptance of the revised Terms.

21. Electronic Communications

By contacting us through the Sites, submitting forms, or purchasing through the Sites, you consent to receive electronic communications from us related to your inquiry, booking, purchase, or account.

22. Severability and Waiver

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision or any other provision.

23. Contact

For questions about these Terms, licensing, orders, accessibility issues, or service inquiries, contact:

Create With Don LLC
Email: legal@thedonwilson.com
Website: thedonwilson.com