USE OF PHOTOGRAPH(S) AND/OR VIDEO(S)

Seller grants to Buyer a perpetual, non-exclusive, non-transferable, worldwide license to use (copy, edit, publicly perform, reproduce, publicly display, reformat, publish, translate, modify, excerpt- in whole or in part, distribute) any licensed photograph(s) and/or video(s) in any way that is not restricted (see RESTRICTIONS below). hole or in part) and distribute any images submitted pursuant to this agreement.

Buyer may utilize photographs and/or videos pursuant to this agreement for commercial purpose, including, but not limited to, social media, mobile advertising, mobile apps, e-cards, e-publication, websites, blog posts, social, advertisements, presentations, newspapers, magazines, film or television productions, marketing campaigns, mobile applications or product packaging or labeling, cover art, personal/non-commercial use. Seller agrees that Buyer may utilize the image for these purposes either as an individual image or as a composite with other images, whether or not owned by Buyer or Seller. See RESTRICTIONS below.

You cannot transfer or sublicense any photograph(s) or video(s) to anyone else UNLESS they are purchased on behalf of a client or employer in which case you must have legal authority to bend them to the terms set forth in this agreement.

Seller warrants that Seller has the right to grant such a license. Seller and Buyer shall at all relevant times herein maintain the utmost good faith and fair dealing in their mutual duties under this agreement.

RESTRICTIONS

You cannot use any licensed photograph(s) and/or video(s) in a pornographic, defamatory, deceptive or unlawful manner, to promote violence or hatred, in violation of any regulations or in a manner that could be considered libelous, obscene, or illegal.

You cannot use any licensed photograph(s) and/or video(s) in any way that allows others to download, extract, or redistribute content as a standalone file (separate from the project use).

You cannot use any licensed photograph(s) and/or video(s) in AI or machine learning 

You cannot use any licensed photograph(s) and/ or video(s) in a Trademark, Logo, indication of origin or service mark.

You cannot use any licensed photograph(s) and/or video(s) for AI machine learning.

You cannnot falsely represent that you are the original creator of an end use that is made up largely of licensed content (content being any licensed photograph(s) and/or video(s).

You cannot use any licensed photograph(s) and/or video(s) in connection with any goods or services intended for resale or distribution, including, but not limited to, textiles, digital or electronic templates, artwork, paper products, apparel, magnets, wall art, calendars, toys, stationery, cards, posters and any other reproduction for profit. This includes “on demand” products that an are selected by a third party on made-to-order, customizable products. 

TYPES OF LICENSES

Single User License - photograph(s) and/or video(s) are licensed to one person and can only be downloaded and used by that person, unless they are purchased on behalf of a client. In this case, the licensed content may only be used for that singular client and you must have legal authority to bind said client to the terms set forth in this agreement.

Multi-User License - photograph(s) and/or video(s) are licensed for up to 20 people and can only be downloaded and used by the individuals included in that licensing group, unless they are purchased on behalf of a client. In this case, the licensed content may only be used for that client and you must have legal authority to bind said client to the terms set forth in this agreement.

CREDIT

With the exception of editorial content, attribution is not required. Giving credit to the Lowcountry Stock is not necessary, but always appreciated.

The use of photograph(s) and/or video(s) in editorial context, such as news reporting, commentary or publishing, shall be accompanied by a credit to “Kathleen Stetter/Lowcountry Stock” and must be clearly and easily readable.

COPYRIGHT

Buyer acknowledges that the Seller shall remain the sole author, sole owner and sole copyright claimant of any licensed photograph(s) and does not transfer ownership or control of said copyrights except as hereto agreed. Buyer acknowledges and agrees not to contest, or assist or induce others to do so, the Sellers rights in and to any photograph(s) or video(s). All licensed content is owner by Lowcountry Stock, LLC.

INDEMNIFICATION

Buyer agrees to hold harmless and indemnify Lowcountry Stock, LLC from all damages, liabilities and expenses arising from or in connection with any breach or alleged breach by Buyer, or anyone acting on Buyer’s behalf, of any of the terms of this agreement.

REFUNDS

Lowcountry Stock does not offer refunds on digital products.

THIRD PARTY INFRINGEMENT

Buyer will promptly call to the attention of Seller the use of the photograph(s) and/or video(s) by any third party which Buyer considers to be an infringement. Buyer and Seller agree to cooperate fully with one another to whatever extent it is necessary to prosecute such action, all expenses being borne by Seller and all damages that may be recovered being solely for the account of Seller.

TERMINATION

This agreement shall terminate in the event that Seller or Buyer materially breaches any portion of this agreement. Such termination shall take effect immediately after fourteen [14] calendar days after notice of the breach from one party to the other. Upon termination of this Agreement, Buyer shall discontinue all use of the Licensed photograph(s) and/or video(s) in any manner whatsoever.