PHOTOGRAPH LICENSE TERMS
Manson Photography Effective Date: August 17, 2026 Last Updated: August 18, 2026
These Photograph License Terms ("License Terms") govern your use of any photograph ("Image") purchased through brianmanson.com (the "Site"), operated by Manson Photography, a sole proprietorship ("Manson Photography," "we," "us," or "our"). These License Terms apply in addition to, and are incorporated into, our Terms of Use [link]. By completing a purchase of an Image through the Site, you ("Licensee," "you," or "your") agree to these License Terms.
If you have not yet purchased an Image, browsing the Site does not grant you any rights described below.
1. Ownership
Manson Photography is the photographer and owns all copyright and other intellectual property rights in and to every Image on the Site. Purchasing a license under these License Terms does not transfer ownership or copyright of the Image to you. You receive only the limited, non-exclusive rights described below. Manson Photography retains the right to license, sell, publish, display, and otherwise use each Image, including selling licenses in the same Image to other customers.
2. Grant of License
Subject to your compliance with these License Terms and payment of the applicable fee, Manson Photography grants you a worldwide, perpetual, non-exclusive, royalty-free license to use the Image you purchased as follows:
a. Permitted Uses. You may use the Image for personal and/or commercial purposes, including (without limitation):
- Personal projects and personal display (e.g., printing, wall art, personal digital use)
- Marketing, advertising, and promotional materials
- Websites, social media, blogs, and digital publications
- Product packaging, merchandise, and printed materials
- Presentations, editorial use, and similar business purposes
b. Modifications. You may crop, resize, color-correct, retouch, or otherwise reasonably edit the Image for your permitted use. You may not create derivative works that are, in substance, a distinct standalone image product derived from the Image and offered for sale or license to others (see Section 3).
c. Reproductions. You may reproduce the Image as many times as reasonably necessary for your own permitted use (for example, multiple print runs of your own marketing materials, or ongoing use on your own website). This license does not limit the number of end-use copies you may produce for your own use.
d. No Geographic or Time Limit. This license applies worldwide and does not expire once granted.
3. Prohibited Uses
Unless you have separately obtained our express written permission, you may not:
- Resell, relicense, sublicense, share, distribute, or give away the Image file itself, whether alone, bundled with other content, or as part of a stock photo, template, or clip-art collection, in a way that allows another person or entity to independently extract, download, or reuse the Image apart from your own finished product or materials;
- Claim authorship or copyright ownership of the Image;
- Use the Image in any way that is unlawful, defamatory, obscene, or that infringes the rights of any third party;
- Use the Image in a manner that suggests endorsement of any product, service, cause, or organization by any person depicted in the Image, or by Manson Photography, without appropriate rights to do so (see Section 4);
- Register or attempt to register the Image, or any work substantially derived from it, as a trademark, service mark, or similar intellectual property right; or
- Use the Image in connection with content that is pornographic, defamatory, or that infringes on the rights of a third party, or in any way that is illegal or unethical.
For clarity: you may incorporate the Image into your own finished work product (a website, an ad, packaging, a printed piece, a video, etc.) and distribute or sell that finished work product to your own customers or the public. What you may not do is distribute or resell the standalone Image file itself so that others can extract and reuse it independently of your finished work.
4. People and Property Depicted in Images; No Releases
Some Images may depict identifiable individuals, private property, trademarks, artwork, or other elements owned or controlled by third parties (for example, people appearing in crowd or street photography, even if not the primary subject). Manson Photography does not obtain or provide model releases or property releases for any Image.
You are solely responsible for determining whether your intended use requires a model release, property release, or other third-party permission, and for obtaining any such release or permission before using an Image in that way. This is particularly important for uses such as advertising, endorsements, merchandise, or other commercial uses that imply a person's endorsement or association with a product, service, or message.
Manson Photography makes no representation or warranty that any Image is cleared for uses that would require a model or property release, and disclaims all liability arising from your use of an Image in a manner that infringes any person's rights of privacy, publicity, or similar rights.
5. Fees and Delivery
The license fee for each Image is as stated on the Site at the time of purchase and is processed through Shopify. All license fees are earned upon delivery of the Image file (i.e., upon your ability to download it) and are non-refundable, except as required by applicable law or as we may agree in our discretion.
6. Termination
Manson Photography may terminate your license to a specific Image if you materially breach these License Terms (for example, by redistributing the raw Image file in violation of Section 3) and fail to cure that breach within a reasonable time after notice, where practicable. Upon termination of a license, you must stop using the applicable Image and destroy any copies in your possession, except that this does not require you to recall or alter finished work product that was created and distributed before termination in compliance with these License Terms.
Sections 1, 3, 4, 7, 8, and 9 will survive any termination of a license.
7. Disclaimer of Warranties
THE IMAGES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MANSON PHOTOGRAPHY DOES NOT WARRANT THAT ANY IMAGE IS FREE OF THIRD-PARTY RIGHTS (INCLUDING RIGHTS OF PUBLICITY OR PRIVACY OF ANY PERSON DEPICTED, OR RIGHTS IN ANY PROPERTY, TRADEMARK, OR ARTWORK DEPICTED) BEYOND MANSON PHOTOGRAPHY'S OWN COPYRIGHT IN THE PHOTOGRAPH ITSELF.
8. Limitation of Liability; Indemnification
a. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, MANSON PHOTOGRAPHY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO ANY IMAGE OR LICENSE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENSE TO THAT IMAGE. IN NO EVENT SHALL MANSON PHOTOGRAPHY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY CLAIM ARISING FROM A THIRD PARTY'S ASSERTION OF RIGHTS OF PRIVACY, PUBLICITY, OR SIMILAR RIGHTS IN CONNECTION WITH YOUR USE OF AN IMAGE.
b. Indemnification. You agree to indemnify, defend, and hold harmless Manson Photography from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or related to your use of an Image, including without limitation any claim brought by a third party (including a person depicted in the Image) arising from your use of the Image in a manner that required, but did not have, a model release, property release, or similar permission.
This allocation of risk reflects the fact that Manson Photography does not obtain releases for any Image (see Section 4), and that you are in the best position to know and control the specific use to which you are putting an Image.
9. General Provisions
Relationship to Other Policies. These License Terms work together with our Terms of Use [link] and Privacy Policy [link]. In the event of a conflict specifically regarding the scope of rights granted in a purchased Image, these License Terms control.
Governing Law; Disputes. These License Terms are governed by California law, and disputes will be handled according to the dispute resolution and arbitration provisions in our Terms of Use [link], which apply equally to disputes arising under these License Terms.
Assignment. You may not assign your license to a third party as a standalone right (i.e., transferring the bare right to use the Image independent of your related business or work product) without our prior written consent, except in connection with a good-faith transfer of the business or work product that incorporates the Image.
Changes to These License Terms. We may update these License Terms from time to time for Images purchased after the effective date of the change; the version of these License Terms in effect at the time of your purchase will govern that purchase.
Severability. If any provision of these License Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
10. Contact Us
If you have questions about these License Terms or a specific Image, please contact us at:
Manson Photography Email: photographybymanson@gmail.com Website: brianmanson.com