Pat Trotter Photo License
When you purchase a print from PatTrotter.com, you’re not buying the file itself — you’re buying a license for a print to display or give as. gift. This does not entitle you to make copies, distribute in any form or credit others for the image.
Ownership of a license
The right to use the content as outlined in our content license agreement stays with you.
How licensing relates to copyright protection, ownership and infringement
Every print you purchase from PatTrotter.com comes with a license. You do not own the file, but you own the single image. If you use a licensed image in a project without licensing it, you are infringing on the copyright and can be held liable.
PatTrotter.com Photograph License Agreement
Last Updated: May, 2020
This is a license agreement between you and PatTrotter.com that explains how you can use photos that you license from PatTrotter.com. By downloading content from PatTrotter.com, you accept the terms of this agreement. For the purpose of this agreement, it shall be understood that the entity PatTrotter.com also includes the entity TwoGiantsPhotography.com, LLC.
How can I use licensed content?
You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by PatTrotter.com are:
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.
No Unlawful Use.
You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
No Commercial Use of Editorial Content.
Unless additional rights are specified on the PatTrotter.com invoice or sales order, or granted pursuant to a separate license agreement, you may not use content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.
No Alteration of Editorial Content.
Content marked “editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.
No Standalone File Use.
You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Sensitive Use Without Disclaimer.
If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for content marked “editorial” that is used in a non-misleading editorial manner.
No False Representation of Authorship.
You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.
Restricted Uses – unless additional license purchased. The following are prohibited without the prior written consent of PatTrotter.com and payment of an additional license fee:
No ‘On Demand’ Products.
Unless you purchase a custom license, you may not use content in connection with “on demand” products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
No Electronic Templates.
Unless you purchase a custom license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).
No Use in Trademark or Logo.
Unless you purchase a custom license, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trade name, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
No Machine Learning, AI, or Biometric Technology Use.
Unless expressly authorized by PatTrotter.com, you may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, PatTrotter.com does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
No Metadata Exploitation.
Unless expressly authorized by PatTrotter.com, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.
Who, besides me, can use the licensed content? The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Intellectual Property Rights.
Who owns the content?
All of the licensed content is owned by PatTrotter.com. All rights not expressly granted in this agreement are reserved by PatTrotter.com. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed content.
PatTrotter.com may terminate this agreement at any time if you breach any of the terms of this or any other agreement with PatTrotter.com, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to PatTrotter.com in writing that you have complied with these requirements.
Social Media Termination.
If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon PatTrotter.com’ request, you agree to remove any content from such platform or website.
All requests for refunds must be made in writing or using the contact form on the PatTrotter.com’ website. Provided that the request is made within 30 days and the licensed content has not been used, PatTrotter.com may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 30 days from your receipt of content all of which are non-refundable. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
PatTrotter.com may discontinue licensing any item of content at any time in its sole discretion. Upon notice from PatTrotter.com, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which PatTrotter.com may be liable, PatTrotter.com may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. PatTrotter.com will provide you with replacement content (determined by PatTrotter.com in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Representations and Warranties. PatTrotter.com makes the following representations and warranties:
Warranty of Non-Infringement.
For all licensed content (excluding content marked “access only”), PatTrotter.com warrants that your use of such content in accordance with this agreement and in the form delivered by PatTrotter.com (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.
Indemnification/Limitation of Liability.
Indemnification of PatTrotter.com by you.
You agree to defend, indemnify and hold harmless PatTrotter.com and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with PatTrotter.com; and (iii) your failure to obtain any required release for your use of content.
Indemnification of you by PatTrotter.com.
Provided that you are not in breach of this or any other agreement with PatTrotter.com, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 9 above, PatTrotter.com agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by PatTrotter.com of its warranties in Section 9 above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from PatTrotter.com, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
The party seeking indemnification must promptly notify in writing the other party about the claim.
The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
Limitation of Liability.
PatTrotter.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF PatTrotter.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
This agreement is personal to you and is not assignable by you without PatTrotter.com’ prior written consent. PatTrotter.com may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Upon reasonable notice, you agree to provide to PatTrotter.com sample copies of projects or end uses that contain licensed content, including by providing PatTrotter.com with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, PatTrotter.com may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to PatTrotter.com of five percent (5%) or more of the amount you should have paid, then in addition to paying PatTrotter.com the amount of the underpayment and any other remedies to which PatTrotter.com is entitled, you also agree to reimburse PatTrotter.com for the costs of conducting the audit.
This agreement will be governed by the laws of the State of New Jersey, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) if you are in North America, or of the International Centre for Dispute Resolution (“ICDR”) or JAMS if you are outside of North America (the applicable rules to be at your discretion), in effect on the date of the commencement of arbitration to be held in one of the following jurisdictions (whichever is closest to you): New Jersey; London, England; Paris, France; Munich, Germany; Madrid, Spain; Milan, Italy; Sydney, Australia; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, PatTrotter.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of PatTrotter.com, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by PatTrotter.com and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
All notices required to be sent to PatTrotter.com under this agreement should be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your account.
You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
The PatTrotter.com licensing entity under this agreement is determined based on your billing address.