PERSONAL PHOTOGRAPHY LICENSE
1. Everly Collective, LLC hereby grants you a non-exclusive, non-transferable, perpetual personal-use licence to download, use, modify and reproduce images(s) or video(s) (collectively referred to as “Visual Content”), subject to the restrictions set out in this licence.
2. This license is for your own personal, non-commercial use only (not for resale, or for any other commercial use of any kind), except as expressly provided for by this licence.
3. Those organizations which:
a. expressly permitted Everly Collective, LLC to take Visual Content of said clients’s session and/or event;
b. obtained from all participants in said clients’s session and/or event, each participants written consent to have their respective images and likeness be taken or otherwise recorded at said session and/or event, and possibly published; and
c. Everly Collective, LLC in fact took Visual Content in relation to said clients’s session and/or event; are hereby granted a free non-exclusive, non-transferable, perpetual licence to download, use, modify and reproduce Visual Content for the limited purpose of promotion of the organization’s above-mentioned event or of the organization itself. For purposes of clarification, a licence granted under this paragraph is strictly for non-commercial purposes and Visual Content shall not be used in any way for resale.
4. For any licence granted herein, YOU MAY NOT:
a. Use Visual Content other than as expressly provided for by this licence.
b. Portray any person depicted in the Visual Content in a way that would be offensive, unflattering or unduly controversial to a reasonable person.
c. Use the Visual Content in a pornographic, defamatory, deceptive or in any manner that could be considered libelous, obscene or unlawful.
d. Resell any Visual Content;
e. Use any Visual Content for any commercial, promotional, endorsement, advertising or merchandising purpose, unless expressly provided for by this licence;
f. Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
INTELLECTUAL PROPERTY RIGHTS
5. Copyright in all Visual Content is owned by Everly Collective, LLC or its content suppliers. All rights not expressly granted in this licence are reserved by Everly Collective, LLC and its content suppliers now and in the future.
6. The use of the Visual Content by an organization pursuant to paragraph 3 above, shall be accompanied by an adjacent credit to the Everly Collective, LLC Contributor and to Everly Collective, LLC in substantially the following manner:
“Name of Photographer [or Videographer] / Everly Collective”
DISCLAIMER OF WARRANTIES
7. To the extent permitted by applicable laws, the Visual Content is provided on “as is” and “as available” basis. Everly Collective, LLC hereby expressly disclaims all warranties of any kind, express or implied.
LIMITATION OF LIABILTY
8. YOU EXPRESSLEY UNDERSTAND AND AGREE THAT EVERLY COLLECTIVE, LLC, EVERLY COLLECTIVE, LLC PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR THIRD PARTY SERVICES PROVIDERS (“EVERLY COLLECTIVE, LLC PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER LOSS OR DAMAGES WHATSOEVER ARISING OUT OF THIS LICENCE OR YOUR USE OF THE VISUAL CONTENT.
9. You will defend, indemnify and hold harmless Everly Collective, LLC and Everly Collective, LLC Parties from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) due to or arising out of any use of the Visual Content other than the uses expressly permitted in this licence. You further agree to indemnify Everly Collective, LLC and Everly Collective, LLC Parties for all costs and expenses that Everly Collective, LLC incurs in the event that you breach any of the terms of this licence.
10. The terms of this license and all related matters will be governed by, and construed in accordance with, the laws of the State of Illinois, USA and the laws of the United States of America applicable in the State of Illinois. You agree to submit to the exclusive jurisdiction of the courts of the State of Illinois.