BE SURE TO READ THE USAGE LICENSE THAT GOES WITH DIGITAL DOWNLOADS!
**DIGITAL DOWNLOADS USED IN VIOLATION OF THE LICENSE UNDER WHICH THE PHOTO WAS PURCHASED CAN BE SUBJECT TO LEGAL ACTION. I HAVE A COPYRIGHT PROTECTIVE SERVICE THAT SCANS THE INTERNET FOR MY PHOTOS AND SCREENSHOTS OF MY PHOTOS THAT CAN RESULT IN A LAWYER CONTACTING OFFENDERS USING UNAUTHORIZED PHOTOS.**
**TERMS AND PRICING OF EDITORIAL AND PROMOTIONAL LICENSES CAN BE NEGOTIATED TO FIT ONE'S NEEDS.**
**ALL NON-DIGITAL PRODUCTS ARE CONSIDERED PERSONAL USE ONLY
AND CAN ALSO BE SUBJECT TO LEGAL ACTION IF PERSONAL LICENSE TERMS ARE VIOLATED.**
**IF YOU ("LICENSEE") PURCHASE A PHOTO WITH AN EDITORIAL OR PROMOTIONAL LICENSE, LICENSEE IS RESPONSIBLE FOR OBTAINING THIRD PARTY LICENSES AND AUTHORIZATION PRIOR TO USING PHOTO IN PROMOTIONAL DIGITAL AND PRINT MEDIA (THIS INCLUDES ADVERTISING). THIRD PARTY LICENSES AND AUTHORIZATION INCLUDE, BUT NOT LIMITED TO TEAM, LEAGUE, SCHOOL/UNIVERSITY, PLAYERS' UNION WHOSE IMAGE, TRADEMARK, BRANDING APPEARS IN THE PHOTO. LICENSEE WILL BE RESPONSIBLE IN OBTAINING MODEL RELEASES FOR ALL PERSONS APPEARING IN PHOTO PRIOR TO USING PHOTO IN PROMOTIONAL DIGITAL AND PRINT MEDIA (THIS INCLUDES ADVERTISING). IN ORDER TO PROTECT MY WORK FROM BEING USED IN WAYS DEEMED OBSCENE, ILLEGAL, IMMORAL, LIBELOUS OR DEFAMATORY, ALL PROMOTIONAL LICENSE REQUESTS MUST BE APPROVED BY ME PRIOR TO FINALIZING PURCHASE.
LICENSE TERMS SUBJECT TO CHANGE. TERMS WILL BE HONORED FOR LICENSE THE PHOTO WAS PURCHASED UNDER. BE SURE TO KEEP A COPY OF THE LICENSE WHEN YOU PURCHASE THE PHOTO EITHER AS A DIGITAL DOWNLOAD OR NON-DIGITAL PRODUCT. YOU MAY NEED TO COPY-AND-PASTE THE LICENSE INTO A WORD DOCUMENT OR SIMILAR PROGRAM. IF YOU BUY A NON-DIGITAL PRODUCT, SEE IMAGE BELOW TO SEE HOW TO READ THE PERSONAL USE LICENSE IN ITS ENTIRETY.
**If you have previously purchased a photo with a personal use license and want to use that photo for editorial or promotional reasons, contact me at [email protected] for a discount code. In the email, be sure to include a copy of the photo, photo file name, order receipt and the license so that I can adjust the discount accordingly. Also include details of how you want to use the photo. Be aware that editorial and promotional licenses are priced higher than personal licenses due to their nature for use.**
Guide to Digital Download Sizes:
Original Size (available only as a personal license digital download) = 3600x2400 pixels (12x8 inches, 300 DPI)
PERSONAL USE LICENSE:
(Entire license can be read when choosing digital products for photos. You can do so by clicking on DOWNLOADS and scrolling down until you see in red, "Show full license text." If you are unsure if there is a use you want to use the photo for and it is not listed, contact me.)
The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you ("Licensee") the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-commercial, non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for personal display.
The Work may be used in print and digital media for personal display, home or office decoration, personal blogs, personal websites, personal social media accounts. The Work may be gifted in printed form to an individual including, but not limited to a family member, friend, significant other, coworker, acquaintance, coach, teacher, authority figure, persons in photo. Gifting the Work in digital form is prohibited. The Work may not be gifted to including, but not limited to teams, leagues, schools, businesses, non-profits, organizations, charities without prior permission from Owner.
• Personal accounts are defined as accounts run by an individual for that person’s own needs and do not generate a profit.
Licensee is prohibited from using the Work for any other purpose, including: using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as standalone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo.
• Any other purpose includes, but is not limited to Editorial Use, Promotional or Advertising Use and Commercial Use
o Editorial Use includes, but is not limited to print and digital articles, print and digital press releases, print and digital books, professional social media accounts, professional websites, professional blogs, television news stories and documentary
o Promotional or Advertising Use in print and digital media including but not limited to newspaper ads, newsletter ads, magazine ads, flyers, brochures, business cards, comp cards, promotional posters, professional blogs, professional websites, television ads, professional social media ads, promotional products given away (“Freebies”).
o Freebies include, but are not limited to apparel, magnets, stickers, keychains, home goods, kitchenware, posters, prints, sports cards, stress relievers, pens, pencils, calendars, bags, cell phone accessories, bottle/can coozies, and the like.
o Commercial Use in which a profit is made from a product featuring the Work on it, including but not limited to apparel, magnets, stickers, keychains, home goods, kitchenware, posters, prints, sports cards, stress relievers, pens, pencils, calendars, bags, cell phone accessories, bottle/can coozies, and the like.
• A professional account is prohibited from using the Work. Professional accounts are defined as accounts run by a business or non-profit organization representing a product or service or an account that generates a profit.
The Work may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Owner will review all orders prior to approving final purchase. Should Owner decline an order, Licensee will be contacted.
Licensee will credit the Work accordingly:
• Rachel Lewis/Triple Deke Photography
• Facebook: @tripledekephotography
• Twitter: @tripledekephoto
• Instagram: @tripledekephoto
There are no warranties, express or implied. The Work is provided 'as is.'
Owner will not be liable for any Third Party claims or incidental, consequential or other damages arising out of this license or Licensee's use of the Work.
Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use copy, sell, license, and distribute the Work in all markets and territories.
In consideration for the grant of this non-exclusive license, Licensee agrees to pay Owner the amount specified, due and payable immediately prior to Licensee downloading a digital copy of the Work.
This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future. Unauthorized use of the Work is subject to legal action. Should Licensee have questions regarding license terms or if a product or use is not specifically listed, Licensee must contact Owner for clarification or amendment prior to purchasing the Work. License terms are subject to change however license terms Licensee purchased will be obeyed. Licensee is responsible for keeping a copy of the license they purchased should a dispute arise.