This is a license agreement between you and Blaine Johnathan Photography that explains how you can use the photos that you license. By purchasing a license & downloading photos from Blaine Johnathan Photography, you accept the terms of this agreement.
How can I use licensed content?
You may use the images in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Blaine Johnathan are:
Perpetual, this means there is no expiration or end date on your rights to use the images.
Non Exclusive, this means that you do not have exclusive rights to use the content. Blaine Johnathan Photography can license the same images to other customers.
Unlimited, this means you can use the content in an unlimited number of projects and in any media. For purposes of this agreement, "use" means to copy, reproduce, display, broadcast, publish, or otherwise make use of.
Restricted Uses.
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items.
No Art. You may not use content in any form of decorative art.
Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Intellectual property rights. Who owns the content?
All of the licensed content is owned by Blaine Johnathan Photography. All rights not expressly granted in this agreement are reserved by Blaine Johnathan Photography.
Termination/Cancellation/Withdrawal.
Termination. This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Blaine Johnathan Photography may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Blaine Johnathan Photography in writing that you have complied with these requirements.
Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
Refunds/Cancellation.
Blaine Johnathan Photography does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Blaine Johnathan Photography.
All requests for refunds/cancellations must be made in writing. If the request is approved, Blaine Johnathan Photography will issue a credit to download another image.