These Terms of Use ("Terms") govern your access to and use of the Foggy Bay Photos website at photos.thefoggybay.com (the "Site") and any services provided through it (the "Services"). By accessing the Site or purchasing photos, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
Acceptance of Terms
By using this Site or purchasing any photos or products, you confirm that you are at least 18 years of age (or accessing on behalf of a minor as their parent or legal guardian), and that you agree to these Terms and our Privacy Policy.
We reserve the right to update these Terms at any time. Continued use of the Site after any changes constitutes your acceptance of the revised Terms.
Photo Licensing
When you purchase photos from Foggy Bay Photos, you receive a non-exclusive, non-transferable personal use license to the digital files delivered to you. This license permits you to:
Permitted Uses
Print photos for personal display. Share photos on personal social media accounts. Use photos in personal, non-commercial contexts such as family communications or personal blogs.
Not Permitted
All photos remain the intellectual property of Foggy Bay Photos. You may not sell, sublicense, transfer, or commercially exploit the photos in any way. You may not remove or alter any watermark present on preview images. You may not use photos for advertising, sponsorship, or any commercial purpose without prior written consent from Foggy Bay Photos.
Prohibited Uses
You agree not to use the Site or Services to:
Search for, purchase, or download photos of individuals other than yourself or persons for whom you have explicit authorization (such as a minor child). Attempt to circumvent any access controls, watermarks, or security measures. Scrape, crawl, or systematically download content from the Site. Impersonate another person or provide false bib or identity information. Use the Site in any manner that could damage, disable, or impair our systems or interfere with other users' access.
Purchases & Payments
All purchases are processed securely through Stripe, Inc. By completing a purchase, you authorize Foggy Bay Photos to charge the stated amount to your chosen payment method via Stripe.
Prices are displayed in US dollars. Foggy Bay Photos reserves the right to change pricing at any time. The price shown at the time of purchase is the price you will be charged.
Upon successful payment, you will receive a confirmation email. Your photo download link will be delivered by email once your order has been prepared, typically within 1–4 hours.
Refund Policy
All sales are final. Due to the digital nature of our products, we do not offer refunds once a photo gallery or digital download has been delivered.
If you experience a technical issue preventing access to your purchased photos, please contact us at support@thefoggybay.com within 30 days of purchase and we will work to resolve the issue.
If your order was charged but no photos matching your bib were found, please contact us and we will review your case and issue a refund or credit at our discretion.
Bib & Identity
Foggy Bay Photos uses bib numbers provided by you to locate and fulfill photo orders. By entering a bib number and completing a purchase, you represent that you are the registered participant for that bib number, or that you have authorization to purchase photos on their behalf (such as for a minor child).
Foggy Bay Photos does not independently verify bib ownership at the time of purchase. Fulfillment is subject to review. We reserve the right to cancel or withhold delivery of any order where bib fraud or misrepresentation is suspected.
Each event is treated independently. A bib number used at one event has no relationship to the same number at a different event.
Face Search
Foggy Bay Photos offers an optional face search feature to help you find your photos. By using this feature, you consent to the temporary processing of facial geometry data as described in our Privacy Policy.
Face search results are provided as a convenience. We do not guarantee that all photos of you will be identified, and results may include photos of other individuals in cases where faces appear similar. You are responsible for reviewing results before purchasing.
Face data is scoped to the individual event where it was collected and is not used to identify you across other events. See our Privacy Policy for full details on how biometric data is handled and your rights to request deletion.
Intellectual Property
All photographs on this Site are the original work of Foggy Bay Photos photographers and are protected by copyright law. All rights not expressly granted in these Terms are reserved by Foggy Bay Photos.
The Foggy Bay Photos name, logo, and site design are trademarks of Foggy Bay Photos. You may not use our trademarks without prior written permission.
Disclaimer of Warranties
The Site and Services are provided "as is" and "as available" without warranties of any kind, either express or implied. Foggy Bay Photos does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.
We do not guarantee that photos will be taken of every participant at every event, or that all photos taken will be successfully processed and available for purchase.
Limitation of Liability
To the fullest extent permitted by law, Foggy Bay Photos shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site or Services, even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid to us in the twelve months preceding the claim.
Changes to Terms
We may update these Terms at any time by posting a revised version on this page. The date at the top of this page reflects when the Terms were last updated. Your continued use of the Site after any changes constitutes acceptance of the updated Terms.
Contact Us
If you have any questions about these Terms, please contact us:
Email: support@thefoggybay.com
Foggy Bay Photos