End User License Agreement (EULA)
Effective Date: November 14th, 2024
This End User License Agreement ("Agreement") is entered into between Britlee Marie Photography & Fine Art Studio (“Company,” “we,” “us,” or “our”), a Michigan-based photography company, and you, the client or end user (“Client,” “you,” or “your”), who has purchased or obtained any photographs, digital files, or services from us.
By accessing, downloading, purchasing, or using any photographs, images, or related products or services (the “Licensed Materials”) from Britlee Marie Photography & Fine Art Studio, you agree to be bound by the terms of this Agreement.
1. License Grant
1.1 License: Upon full payment for the services or products, we grant you a limited, non-exclusive, non-transferable license to use the Licensed Materials solely for personal, non-commercial purposes, as outlined in this Agreement.
1.2 Scope of Use: The license is granted for personal use only, which includes printing, sharing on personal social media (with proper credit), and displaying images in your home or on personal websites. Commercial use, distribution, modification, or resale of the Licensed Materials is strictly prohibited unless explicitly authorized by us in writing.
2. Ownership and Copyright
2.1 Ownership: All rights, title, and interest in and to the Licensed Materials, including but not limited to copyrights, remain the exclusive property of Britlee Marie Photography & Fine Art Studio.
2.2 Copyright Notice: All Licensed Materials are protected by copyright law and may not be used in any manner not expressly authorized by this Agreement. You acknowledge that the Licensed Materials are the intellectual property of the Company.
3. Restrictions on Use
3.1 Prohibited Uses: You agree not to:
- Modify, edit, or alter the Licensed Materials in any way that changes their original nature or misrepresents the work.
- Use the images for any unlawful, obscene, defamatory, or immoral purposes.
- Sell, license, or distribute the Licensed Materials to third parties or make them available for free in any public forum (e.g., online galleries or stock photography websites) without prior written consent from us.
3.2 No Transfer of Rights: You may not transfer or sublicense the rights granted under this Agreement to any third party.
4. Social Media and Online Sharing
4.1 Sharing: You may share the Licensed Materials on personal social media accounts provided that you include proper credit to Britlee Marie Photography & Fine Art Studio in the caption or image description.
4.2 No High-Resolution Distribution: You are prohibited from posting or distributing high-resolution versions of the Licensed Materials publicly without prior written consent.
5. Limitation of Liability
5.1 Disclaimer of Warranties: The Licensed Materials are provided "as is" without any warranties or representations, either express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
5.2 Limitation of Liability: Britlee Marie Photography & Fine Art Studio shall not be liable for any damages, losses, or costs (including legal fees) arising from your use of the Licensed Materials or from any breach of this Agreement.
6. Indemnification
You agree to indemnify and hold harmless Britlee Marie Photography & Fine Art Studio, its officers, directors, employees, agents, and representatives from any claims, damages, liabilities, costs, or expenses arising out of or related to your use of the Licensed Materials or any breach of this Agreement.
7. Termination
7.1 Termination by Us: We reserve the right to terminate this license if you violate any of the terms of this Agreement. Upon termination, you must immediately cease all use of the Licensed Materials and destroy any copies.
7.2 Survival: Sections 2 (Ownership), 5 (Limitation of Liability), 6 (Indemnification), and 8 (Governing Law) shall survive any termination of this Agreement.
8. Governing Law and Dispute Resolution
8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles.
8.2 Dispute Resolution: Any disputes arising from or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Michigan.
9. Entire Agreement
This Agreement constitutes the entire agreement between you and Britlee Marie Photography & Fine Art Studioregarding the use of the Licensed Materials and supersedes any prior agreements, understandings, or representations concerning the subject matter hereof.
10. Contact Information
For any questions or inquiries regarding this Agreement, please contact:
Britlee Marie Photography & Fine Art Studio
604 Spring St. Saint Johns, MI 48879
989.292.7901
britleemariephotos@gmail.com