By visiting this site you agree to our terms of use, our Image Licensing Agreement, and our Privacy Policy.

Image Licensing Agreement

Image Licensing Agreement

Effective and Last Updated as of October 20, 2020

WHAT IS THIS?

This Image Licensing Agreement is an agreement between you and us. We have developed this Agreement to govern how you use the Photos.

From time to time, we may review and update this Agreement. When we do, we will post a notice on the homepage of our app and website for thirty (30) days following the update.

WHAT SHOULD YOU EXPECT IN THIS AGREEMENT?

As we said, this Agreement lists everything that you and us agree to when you use the Photos.

ALSO: this Agreement includes a class action waiver provision in Section 8 and an arbitration provision in Section 9. These provisions may be enforced by us as much as the law allows.

WHAT IS THE AGE LIMIT TO USE THE PHOTOS?

You may not use the Photos if you are under thirteen (13) years old.

WHEN DOES THIS AGREEMENT APPLY TO YOU?

You agree to be bound by this Agreement as soon as you access the Photos. If you do not agree, do not access the Photos.

WHAT DO THESE WORDS MEAN?

  1. When we say “Agreement”, we mean this Image Licensing Agreement.
  2. When we say “we”, “us”, or “our”, we mean Michelle Patrick Photography, LLC, a Wisconsin limited liability company.
  3. When we say “you” or “your”, we mean the visitor or user of our Photos, products, or services.
  4. When we say “Photos”, we mean any of our pictures on our website and all related applications and services that we make available to you through and in connection with your use of our website and related applications and services.
  5. WHAT CAN YOU DO WITH THE PHOTOS?
    1. You have a standard, limited license -which is nonexclusive, nontransferable, and revocable- to use the Photos only in the ways and purposes allowed by this Agreement. You cannot use the Photos in any other way or for any other purpose.
    1. The standard license allows you to use the Photos in the following ways:
      1. For your personal or business use, whether online or in print, as long as that use is not restricted by this Agreement.
      1. On your blogs, websites, mobile “apps”, websites, and social media, including:
        1. As part of online advertising and marketing;
        1. As graphics or illustrations for articles and posts; or
        1. In newsletters.
      1. As backgrounds in presentations, webinars and slideshows.
      1. In templates or demos.
      1. As part of physical marketing and advertising (in print form), as long as the image is not re-made more than 500,000 times.
      1. On billboards, signage, or other such ads, as long as the images for any advertising campaign are expected to be seen less than 500,000 times.
      1. For a movie, video, commercial, or other audio-visual presentation, as long as the budget for such presentation isn’t more than USD $10,000.00.
    1. You can also:
      1. Overlay the Photos with text, website screenshots, illustrations, product designs, and PDF designs.
      1. Resize, crop, add or modify filters, add or modify colors, and change orientation of the Photos.
    1. You can use the Photos for as long as you would like.
  6. WHAT CAN’T YOU DO?
    1. As described in this section, you cannot use the Photos for any purpose or in any way other than the purposes and ways which are noted in this Agreement.
    1. You cannot do the following with the Photos:
      1. Loan, sell or re-sell the Photos as-is.
      1. Give the Photos away for free, whether on your website or social media platform or in any other way.
      1. Give the Photos to any clients or customers.
      1. Claim that you or anyone else besides us created or owns any Photo or group of Photos. This applies regardless of whether you or anyone else altered, modified, or retouched the Photo or group of Photos.
    1. You cannot use the Photos:
      1. On your website builder or design app.
      1. To promote or sell any of your products, services, resources, or courses which are related to photography.
      1. In any way or for any purpose that is vulgar, illegal, or offensive.
  7. WHO OWNS THE PHOTOS?
    1. We own the Photos. As we said earlier, you or anyone else cannot claim ownership of the Photos. While you may have a right to use the Photos, any rights we don’t clearly give you are absolutely reserved by us.
    1. To be clear, your limited license to use the Photos does not mean that you own the Photos or any portion of any Photo.
    1. While credit/attribution is not required, we would greatly appreciate it- especially if you include a link back to our website or application.
  8. 4.      WHEN DOES THIS AGREEMENT START AND END?
  • HOW ARE THE PHOTOS PROVIDED?
    • The Photos are provided on an “as-is” basis without warranty of any kind, express or implied, and to the maximum extent permitted by applicable law. Neither us, our licensors or affiliates nor the copyright holders make any representations or warranties, express or implied, including by not limited to the warranties of merchantability, satisfactory qualify, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights. There is no warranty by us that the use of the Photos will meet your requirements. You assume all responsibility and risk for the selection of the Photos to achieve your intended results and for the use and results obtained from it.
    • We agree to take reasonable precautions in maintenance of the Photos, but we do not guarantee that our Photos are virus or malware free.
  • CAN WE BE LIABLE TO YOU? IF SO, FOR WHAT AND HOW MUCH?
    • Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses, even if we shall have been informed of the possibility of such damages, or for any claim by any other party.
    • Without limiting the foregoing, in no event will we be liable for any damages whatsoever arising in any way from any act or omission by any other person including, without limitation, any content provided, or representation made, by any other person.
    • In any event, our entire liability to you under any provision of this agreement or arising from the access to or use of the Photos by you or any other user will be limited to the amount actually paid by you to us pursuant to this Agreement during the 12 months preceding the event giving rise to such liability, or USD $50.00, whichever is less.
  • WHAT ELSE SHOULD YOU KNOW ABOUT THIS AGREEMENT?
    • Wisconsin law governs this Agreement.
    • You irrevocably and unconditionally submit to the jurisdiction of any state court sitting in Waukesha County, Wisconsin, and the Federal District Court sitting in the City of Milwaukee, Wisconsin, over any suit, action, or proceeding arising out of or relating to this Agreement.  You irrevocably and unconditionally waive any objection to the laying of venue of any such suit, action, or proceeding brought in any such court and any claim that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
    • If any part of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, then this Agreement shall be interpreted as if such invalid or unenforceable provision were not included in the Agreement.
    • Any notice or communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given when hand delivered (including by recognized overnight courier such as Federal Express), sent by confirmed facsimile, or mailed certified or registered mail, return receipt requested, postage prepaid, to the address of the party as set forth below, or at such other address as a party may designate by notice given in accordance with this Section:

Michelle Patrick Photography, LLC

ATTN: Michelle Patrick, Data Privacy Officer

  • WHAT ABOUT THE CLASS ACTION WAVIER PROVISION?

Where permitted under applicable law, you and us agree that each may bring claims only in your/our individual capacity and not as a plaintiff or class member in any purported class or representative action.

  • WHAT ABOUT THE ARBITRATION PROVISION?

Any controversy or claim arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including any questions relating to the arbitrability of such controversies or claims, may at the request of either party be resolved by binding arbitration in the State of Wisconsin, in accordance with the rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the preceding sentence, upon the occurrence of any controversy or claim for which a party is seeking equitable relief, such party may seek such equitable relief in any court of law with proper jurisdiction and venue. The conduct of such arbitration shall be subject to the arbitration law of the State of Wisconsin. The fees of the arbitrator(s) shall be borne equally by the parties, unless otherwise determined by the arbitrator(s).

  1. WHAT ABOUT OTHER POLICIES AND AGREEMENTS?
    1. The collection, use, disclosure, and sale of all data related to the use of these Photos shall be discussed by the Privacy Policy located at mpstockart.com.
    1. located at mpstockart.com.