Terms of Use Policy

PHOTO & VIDEO LICENSING (LICENSE) AGREEMENT

This Photo/ Video License Agreement is made effective as of the date of purchase solely by and between JTN Aerial Photography, LLC, a Missouri limited liability company, (“Photographer”) and the individual who purchased the photo and or video that are being downloaded or printed (“Client”). The parties agree as follows:

1. License. Photographer hereby grants to Client an exclusive, limited license to use the following photographic or video work, (“the Photos and or Videos”).

Client is authorized to use the Photos and or Videos solely for personal use only and will not use for profit or commercial use. 

2. Ownership of Photos and Videos. Client agrees that, subject to the rights and licenses granted herein, Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Photos and Videos and any copies of the Photos and Videos. Except as expressly provided in this Agreement, Photographer reserves all rights and licenses not expressly granted in this Agreement.

3. Fee. Client shall pay a fee for the Photos and Videos per the online store price per listing.

4. Restrictions on Use. Client will not use the Photos and Videos for any of the following purposes:

(A). No Unlawful Use. Client will not use the Photos and Videos in any unlawful manner, such as pornography or defamation.

(B). No Standalone File Use. Client will not use the Photos and Videos in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.

(C). Use in Trademark or Logo. Client will not use the Photos and Videos in any trademark, design, logo or other mark.

(D). No Products for Resale. Client will not use the Photos and Videos in any goods or products where the Photos are the primary value.

(E). No Alterations. Client will not alter the Photos and Videos other than by addition of text. 

(F). No Sublicenses. Client will not sublicense the Photos and Videos to any third parties.

5. Photo Notice and Markings. Client must include a credit to JTN Aerial Photography, LLC, with

all postings and sharings of the photos and or videos, other then where it is legally not allowed.

6. Indemnification. Client will indemnify, defend, and hold harmless Photographer from all liability, claims, demands, causes of action, judgments, damages, and expenses (including reasonable attorneys’ and experts’ fee and costs) arising out of or as a result, of the improper use/ or illegal use, and/or unauthorized use here under of the photos and or videos by the client, except in the event that any claims, demands, causes of action, judgments, or expenses arose out of willful misconduct, gross negligence, or bad faith by Photographer.

7. Assignment. This Agreement may not be assigned by Client. Photographer may assign this Agreement, in whole or in part, to any affiliate or successor.

8. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will be valid and enforceable and the parties will negotiate in good faith a substitute, valid and enforceable provision which most nearly puts into effect the intent of the parties.

9. No Waiver. This Agreement may not be altered, modified, or amended in any way except in writing signed by both parties. The failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.

10. Entire Agreement. This Agreement represents and constitutes the entire agreement between the parties, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties. 

11. Execution: By purchasing through normal checkout, Google Pay or PayPal Checkout online, the client agrees they have read, understands, and agrees to the terms and agreement of this contract.

WHEREOF, both Parties, the Client, and the Photographer, have entered into this Agreement at time of purchase and paying for the photograph and or video.