Commercial and Personal Use Agreement for the Use of Images

This Commercial and Personal Use Agreement (“Agreement”) is entered into between the artist/photographer, Guthrie Brown, operating under the business name: Earthgrove Artistry (“Licensor”) and the user (“Licensee”) wishing to use the images created by Licensor (“Images”).

By accessing, purchasing, or using any of the Images on this website, you, the Licensee, agree to the following terms:

1. Grant of License

Licensor grants Licensee a non-exclusive, non-transferable license to use the Images under the terms specified in this Agreement.

Personal Use License:

  • Licensee may use the Images for personal, non-commercial purposes including, but not limited to, displaying them as wallpapers or backgrounds for computers, phones, and other electronics devices.

  • Licensee may not modify, distribute, or sell the Images without prior written consent from the Licensor.

Commercial Use License:

  • Licensee may use the Images for commercial purposes, including but not limited to advertisements, promotional materials, websites and product packaging, with prior written approval from the Licensor.

  • Licensee agrees to credit the Licensor as specified below and to use the Images in accordance with the terms outlined here.

  • A separate commercial use license fee or royalty may apply based on the intended use.

2. Restrictions

  • Modification: Licensee may not alter, edit, or create derivative works based on the Images without written permission from the Licensor, unless specifically outlined in this Agreement.

  • Resale or Redistribution: Licensee may not sell, license, or distribute the Images in any form (digital or physical), nor include the Images in a product intended for resale without obtaining additional permission from Licensor.

  • Use in Defamation: Licensee agrees not to use the Images for any purpose that defames, slanders, or negatively affects the reputation of the Licensor.

3. Image Credit

For both commercial and personal use, the Licensee must provide appropriate credit to the Licensor, unless the Licensor grants an exception. The standard format for crediting is:

“Image by Guthrie Brown”

4. Licensing Fees and Payment

  • A fee or contribution may be required for the commercial use of any of the Images, determined by the specific use case.

  • The Licensee must reach out directly to Licensor to discuss the appropriate fee and licensing terms for commercial use.

5. Termination

Licensor reserves the right to terminate this Agreement and revoke the License at any time, should Licensee fail to comply with any of the terms or restrictions outlined in this Agreement.

Upon termination, Licensee must immediately cease using the Images and remove any digital copies or printed materials containing the Images.

6. No Transfer of Ownership

Licensor retains all rights, title, and interest in the Images, including copyright ownership. This Agreement grants only the limited rights to use the Images as specified herein.

7. Indemnity

Licensee agrees to indemnify and hold Licensor harmless from any claims, damages, liabilities, or expenses arising from the misuse of the Images or violation of this Agreement.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Your State/Country].

9. Additional Terms

Additional licensing terms may be agreed upon in writing for special uses or requests not explicitly covered by this Agreement.