Keeping you safe
Minors must have parental consent for all photos and correspondence.
Copyright infringement
Unless otherwise noted, all information, images, and content are copyright of Willow Rose Photos and cannot be used without written consent of owner.
Digital Image License
Read these terms and conditions carefully before using or purchasing the Digital Image from the Seller. By using or purchasing the Digital Image from the Seller, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions in this Agreement, do not use or purchase the Digital Image from the Seller. THIS DIGITAL IMAGE LICENSE (the "Agreement"') dated on this day of purchase. BETWEEN: Willow Rose Photos (the "Seller") and (the "Buyer"), (individually the "Party" and collectively the "Parties") IN CONSIDERATION OF the Seller providing the Digital Image to the Buyer and the Buyer paying the Seller the Purchase Price, and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:
Digital Image
1. The Seller owns and is providing to the Buyer the digital image or digital images received in this transaction (the "Digital Image(s)").
License
2. The Digital Image is the property of the Seller and is copyrighted by law. The Digital Image shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Digital Image on the Seller's website, social media, and for the Seller's own marketing, exhibition, advertising or other business related purposes.
3. The Seller will provide the Digital Image to the Buyer on the date of the seller's final transaction or purchase.
Permitted Use
4. The Buyer shall only use the Digital Image in accordance with this Agreement.
5. The Buyer shall use the Digital Image for personal, non-commercial use only, and subject to the restrictions on use set out in this Agreement (the "Permitted Use") for the duration of the License Term which does not expire without written consent from Willow Rose Photos.
6. Personal, non-commercial use means the Buyer may display the Digital Image on their personal computers and may print the Digital Image for personal use. The Buyer may also display the Digital Image on their personal websites, so long as the Digital Image is unaltered and includes a direct link to the Seller's website or credit to the Seller.
7. The Buyer may share the Digital Image to its personal social media platforms so long as the Digital Image is unaltered and includes a direct link to the Seller's website or credit to the Seller.
Restrictions on Use
8. The Buyer shall not resell, sub-license or redistribute the Digital Image except as provided for in this Agreement.
9. The Buyer shall not use the Digital Image in a commercial manner to earn money, for marketing or advertising purposes, or in a trademark, except as provided for in this Agreement.
10. The Buyer shall not use the Digital Image in an obscene, defamatory or immoral way.
11. The Buyer shall not use, and shall not allow to be used, the Digital Image for any purposes prohibited by the laws of the United States.
12. The Buyer shall not alter the Digital Image in any way.
13. The Buyer shall not allow others to use the Digital Image and shall not use the Digital Image in a way that allows others to download or redistribute the Digital Image except in accordance with this Agreement.
Price
14. The Buyer will pay (the listed "Purchase Price"), for the Permitted Use of the Digital Image.
Warranties
15. The Seller warrants that the Seller is entitled to grant the use of the Digital Image described in this Agreement, and that this Agreement does not infringe the rights of third parties.
16. The Digital Image is provided "as is" to the Buyer. The Seller, and its officers, employees, agents and suppliers, do not provide any warranty, whether express or implied, as to the Digital Image.
Liability & Indemnity
17. The Seller will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyer's use of the Digital Image.
18. The Buyer agrees to defend, indemnify and hold harmless the Seller and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorized use of the Digital Image by the Buyer, or its officers, employees, agents or suppliers, or the Buyer's breach of this Agreement.
Expiry or Termination
19. This Agreement will not expire without written notice from Willow Rose Photos, or unless otherwise terminated for any of the reasons set out below.
20. This Agreement shall terminate immediately upon the failure of the Buyer to comply with the terms and conditions herein.
21. The Seller reserves the right to cancel this Agreement immediately: a. if the Buyer fails to make a payment when due; or b. in the event of the Buyer's insolvency or bankruptcy, or failure to follow our policies, or c. in the event of hostility, aggression, hate speech, bullying, endangerment, threats, or any otherwise perceived dangers to the photographer or it's employees and/or entities, including online slander, libel, hostility, negative and untruthful online reviews, or other acts of ill will, spoken or written, that may harm the body or the reputation of the Photographer and/or Willow Rose Photos.
22. The Seller reserves the right to discontinue the license and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer's unauthorized use of the Digital Image.
23. Upon expiry or termination of this Agreement, the Buyer shall discontinue the use of the Digital Image, and shall destroy all copies and archives of the Digital Image.
Intellectual Property Rights
24. The Seller retains all intellectual property rights in the Digital Image, including the sole copyright to the Digital Image. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller's intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the Digital Image.
25. Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of federal copyright law or international copyright agreements.
26. The Buyer shall not falsely represent that they are the original creator of the Digital Image.
Export Laws
27. In order to purchase a license for the Digital Image, the Buyer must be in compliance with applicable export laws.
28. The Buyer shall not ship, transfer or export the Digital Image to any country in a manner prohibited by the laws of the United States or use it in any manner prohibited by the laws of the United States.
Severability
29. If there is a conflict between any provision of this Agreement and the applicable legislation of the United States (the "Act"), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
30. If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
Governing Law
31. This Agreement will be governed by and construed in accordance with the laws of the United States, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of Georgia to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
Assignment
32. The Buyer may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void.
33. The Agreement will inure to the benefit and be binding upon the Seller and the Buyer and their respective successors and assigns.
Agreement of Parties
34. This Agreement constitutes the entire agreement between the Seller and the Buyer with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise.
35. The provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both parties.
General Provisions
36. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
37. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Georgia on the date of execution of this Agreement.
38. This Agreement may be executed in counterparts. Facsimile and digital signatures are binding and are considered to be original signatures.
39. All monetary amounts in this Agreement refer to the United States dollar (USD), and all payments required to be paid under this Agreement will be paid in USD unless the Parties agree otherwise in writing.
40. Time is of the essence in this Agreement. The Parties have executed this Digital Image License on this day of purchase, provided by the date stamped digital receipt of this transaction.
Due to the special nature of digital photography, there are no returns/refunds on any product purchases or session fees. We do work with clients to ensure complete customer satisfaction.