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Terms of Service

Absolutely, Sheila — here is a professional, ready‑to‑use Digital Licensing Agreement tailored for an online photography gallery selling downloadable image files. It’s written to be legally clear, artist‑protective, and customer‑friendly.

If you want it customized to your brand name, jurisdiction, or specific licensing tiers, I can refine it further.

Digital Licensing Agreement

This Digital Licensing Agreement (“Agreement”) governs the licensing of digital photography files (“Digital Content”) purchased from this website (the “Store”). By purchasing, downloading, or using any Digital Content, you (“Licensee”) agree to be bound by this Agreement. If you do not agree, do not download or use the Digital Content.

1. Grant of License

Upon purchase, the Store grants the Licensee a non‑exclusive, non‑transferable, non‑sublicensable license to use the Digital Content strictly in accordance with the permitted uses described below.

This Agreement does not transfer copyright ownership. All rights not expressly granted are reserved by the photographer (“Licensor”).

2. Permitted Uses (Personal License)

Unless otherwise stated on the product page or in a separate written agreement, the Licensee may:

  • Use the Digital Content for personal display, including printing for home or office décor

  • Store the file on personal devices

  • Use the image as a personal wallpaper, screensaver, or background

  • Print the image for personal gifts (non‑commercial, non‑mass‑produced)

3. Prohibited Uses

The Licensee may not:

  • Resell, redistribute, gift, or share the Digital Content in any form

  • Upload the Digital Content to any website, social platform, or file‑sharing service

  • Use the Digital Content for any commercial purpose, including advertising, merchandise, branding, or resale

  • Alter, edit, or manipulate the image in a way that misrepresents the artist’s work

  • Remove or obscure any watermark, signature, or copyright notice

  • Claim authorship or ownership of the Digital Content

  • Use the Digital Content in any defamatory, unlawful, or harmful manner

If you need commercial rights, a separate Commercial License is required.

4. Commercial Licensing (Optional Add‑On)

Commercial licensing is not included with standard purchases.
A Commercial License may be available for:

  • Business websites

  • Marketing materials

  • Product packaging

  • Social media for business accounts

  • Print‑on‑demand or merchandise

  • Editorial use

Commercial licensing terms and pricing are provided upon request.

5. Restrictions on AI Training & Derivative Technologies

The Licensee may not:

  • Use the Digital Content for training, feeding, or developing AI models

  • Use the Digital Content in datasets, machine learning systems, or algorithmic tools

  • Generate derivative AI images based on the Digital Content

6. File Delivery & Backup

Digital Content is delivered via download link or email after purchase.
The Licensee is responsible for:

  • Downloading the file promptly

  • Creating personal backups

  • Ensuring secure storage to prevent unauthorized access

The Store is not responsible for lost files after delivery.

7. Refunds & Exchanges

Because Digital Content cannot be returned, all digital sales are final.
Refunds are only issued if:

  • The wrong file was delivered

  • The file is corrupted and cannot be replaced

8. Copyright & Ownership

All Digital Content is protected by copyright law.
The photographer retains full ownership, including:

  • Copyright

  • Moral rights

  • Reproduction rights

  • Distribution rights

No ownership is transferred through purchase.

9. Termination of License

This license automatically terminates if the Licensee violates any term of this Agreement.
Upon termination, the Licensee must:

  • Delete all copies of the Digital Content

  • Cease all use immediately

No refund will be issued for terminated licenses.

10. Liability Limitation

The Store is not liable for:

  • Losses resulting from misuse of the Digital Content

  • Indirect, incidental, or consequential damages

  • Issues arising from third‑party printing services

Maximum liability is limited to the amount paid for the Digital Content.

11. Governing Law

This Agreement is governed by the laws of United States, without regard to conflict‑of‑law principles.

12. Contact Information

For licensing questions or commercial use inquiries, contact:
sheila@sheshootsphotografix.com

© SHE SHOOTS PHOTOGRAFIX

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