Terms of Service

Polari Media LLC · Dallas, Texas

Effective date: 17-June 2026

These Terms of Service govern your access to and use of the photography galleries and mobile gallery apps provided by Polari Media LLC ("we," "us," or "our") through Pixieset. By accessing a gallery, you agree to these terms. If you do not agree, do not access or use the gallery.

1. ELIGIBILITY AND AGE

You must be at least 18 years of age, or the age of majority in your jurisdiction if it is higher, to access our galleries. Some galleries and work include artistic nudity. By accessing a gallery you confirm that you are of legal age to view this material where you live and that doing so is lawful in your jurisdiction.

2. GALLERY ACCESS AND CONFIDENTIALITY

Private galleries are shared with specific, invited individuals. If a gallery has been shared with you, the access link and any password or PIN are for your use only. You agree not to share gallery access, links, passwords, or PINs with anyone else, and not to attempt to access galleries that were not shared with you.

3. INTELLECTUAL PROPERTY

All images displayed in our galleries are the copyrighted property of David Smith / Polari Media LLC. Accessing or viewing a gallery does not transfer any copyright, ownership, or license to you. Where a gallery allows you to download images, those downloads are provided only for the specific purpose for which the gallery was shared with you.

4. PERMITTED AND PROHIBITED USE

Except as expressly permitted for your gallery, you may not:

- Copy, screenshot, scrape, download, or save images from a gallery.

- Reproduce, republish, redistribute, or publicly share images.

- Use any image for commercial purposes.

- Remove, obscure, or alter any watermark, credit, or copyright metadata.

- Use any image, in whole or in part, to train, develop, or test any artificial intelligence, machine learning, or generative model.

5. RELATIONSHIP TO OTHER AGREEMENTS

These Terms of Service do not replace other agreements that may apply to you. If you are a model or subject, the use rights in your images are governed by your separately signed Model Release. If you purchase images or prints through our store, those purchases are governed by our Terms of Sale and, for digital downloads, our Digital Image License. Where a separate signed agreement grants you specific rights, that agreement controls for those rights.

6. DISCLAIMER

Our galleries are provided on an "as is" and "as available" basis. They are hosted by Pixieset, and we are not responsible for interruptions, errors, or unavailability of the hosting service.

7. LIMITATION OF LIABILITY

To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages arising from your access to or use of our galleries.

8. PRIVACY

Your use of our galleries is also subject to our Privacy Policy, which explains how we handle personal information.

9. GOVERNING LAW

These Terms of Service are governed by the laws of the State of Texas. Any dispute that cannot be resolved through good-faith communication will be addressed through mediation before any other action is pursued.

10. CHANGES

We may update these Terms of Service from time to time. The version posted at the time you access a gallery applies to that access.

11. CONTACT

Questions: david@davidsmith.photo