Digital Media License Agreement
Wil the Photographer, LLCEffective Date: April 3, 2024
Last Updated: May 14, 2025
Business Address:
Wil the Photographer, LLC
10050 Palma Linda Way #319
Orlando, FL 32836
Email: [email protected]
This Digital Media License Agreement (“Agreement”) governs your use of any images, videos, or other digital media (“Media”) provided by Wil the Photographer, LLC (“Company,” “we,” “our”). By downloading or using any licensed material from our website or services, you agree to the terms outlined below.
PERSONAL USE LICENSE
Wil the Photographer, LLC grants the purchaser a non-exclusive, perpetual personal-use license to download and use Media under the following terms:- Personal display on websites or computers
- Printing images or creating video copies for personal, non-commercial use
- Media may not be used commercially, in advertising, or in any activity involving compensation or fees
- Media may not be resold, relicensed, or sub-licensed
- Title, copyright, and all intellectual property remain with Wil the Photographer, LLC
- Media is provided “as is” with no warranties
- Wil the Photographer, LLC is not liable for any third-party claims or damages arising from your use of the Media
COMMERCIAL USE LICENSE
For customers who purchase a commercial license, Wil the Photographer, LLC grants a non-exclusive, non-transferable, perpetual, worldwide license to use the Media for the following commercial purposes:- Advertising, promotional materials, brochures, and packaging
- Display on commercial websites (max 800×600 pixels)
- Printed promotional materials (posters, flyers, tear sheets)
- Video, film, theatrical, and broadcast use
- Inclusion in magazines, books, newspapers, and printed publications
- Resale, sublicensing, or redistribution of Media without express written permission
- Use in pornography, obscene, defamatory, or illegal content
- Use in logos, trademarks, or service marks
- Making the Media publicly downloadable
- Modifying Media to create derivative works for resale
- Infringement of any third-party rights (e.g., copyright, trademark, privacy)
UNAUTHORIZED USE
Any use of the Media not explicitly permitted by this Agreement is considered unauthorized. Wil the Photographer, LLC retains the right to pursue legal action against unauthorized use, including but not limited to:- Reproduction, distribution, or public display without a valid license
- Modifying or creating derivative works without consent
- Use that infringes on third-party intellectual property or publicity rights
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in Orange County, Florida.MODIFICATIONS
We reserve the right to update this Agreement at any time. Continued use of the Media after changes are posted constitutes acceptance of the new terms.USER RESPONSIBILITY
You are responsible for ensuring that your use of the Media complies with all applicable laws, including copyright, privacy, and publicity laws.NO GUARANTEE OF RELEASES
Unless otherwise stated, we do not provide model or property releases for subjects appearing in the Media. It is your responsibility to obtain these if required for your use.DIGITAL TRACKING
Some content may contain digital watermarking or metadata for tracking unauthorized use. Unauthorized redistribution may result in legal action.LEGAL NOTICE
BY DOWNLOADING OR USING ANY MEDIA FROM OUR SITE OR SERVICES, YOU AGREE TO THESE TERMS. If you do not agree, you may not download, use, or distribute Wil the Photographer, LLC Media.CONTACT
For licensing questions or concerns, contact:Email: [email protected]
WATERMARK DISCLAIMER
Previews may include watermarks for security purposes. Final downloads will be watermark-free unless otherwise stated in the product description.
NO REFUNDS ON DIGITAL DOWNLOADS
Due to the non-returnable nature of digital media, all sales are final. Please review product descriptions carefully before purchase.
DMCA POLICY
If you believe your copyrighted material has been used or distributed without authorization, please contact us at [email protected] with your DMCA takedown request.
NO TRANSFER OF OWNERSHIP
All rights not expressly granted are reserved by Wil the Photographer, LLC. This license does not transfer ownership of the Media or any intellectual property.
TERMINATION
Wil the Photographer, LLC reserves the right to revoke this license without refund in the event of misuse, breach of terms, or unauthorized distribution of the Media.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wil the Photographer, LLC from any claims, damages, or legal expenses arising out of your use of the Media, violation of this Agreement, or infringement of any rights of a third party.
EXPORT COMPLIANCE
You agree not to download or use the Media in violation of U.S. export laws or regulations, and you affirm that you are not located in a country subject to embargo or on any U.S. government list of prohibited parties.
NON-ASSIGNABLE LICENSE
This license is personal to you and may not be assigned, transferred, or sublicensed to any third party without written permission from Wil the Photographer, LLC.
BUSINESS USE RESTRICTION
Purchasing Media under a personal-use license for use in business, promotion, or commercial branding is strictly prohibited. A commercial license must be purchased for any business-related use.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any legal action shall be filed exclusively in the courts located in Orange County, Florida.
FORCE MAJEURE
Wil the Photographer, LLC shall not be held liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, or governmental actions.
MODIFICATION OF TERMS
Wil the Photographer, LLC reserves the right to modify this Agreement at any time. Updated terms will be posted on our website with a revised effective date.
SEVERABILITY
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remainder of the Agreement shall remain in full force and effect.
PROHIBITED USE IN AI/ML TRAINING
The Media may not be used in any artificial intelligence, machine learning, or facial recognition training systems without explicit written consent from Wil the Photographer, LLC.
AUDIT RIGHTS
Wil the Photographer, LLC reserves the right to request documentation or audit the use of the Media licensed under a commercial agreement to verify compliance with this Agreement.
LICENSE TERMINATION
Any violation of this Agreement will result in immediate termination of your license, and you must cease all use of the Media. No refunds will be provided upon termination.
DIGITAL TRACKING NOTICE
Some Media may contain digital watermarks or metadata identifiers for the purpose of tracking unauthorized distribution. Tampering with or removing these identifiers is prohibited.
SINGLE-USER LICENSE
Unless otherwise stated in a written agreement, all licenses are issued for individual use only. Sharing downloaded files with third parties or distributing login access is a violation of this Agreement.
RE-DOWNLOAD POLICY
Download links are provided at the time of purchase and may expire after a set period. Customers are responsible for downloading and backing up Media promptly. Wil the Photographer, LLC is not obligated to resend files after the expiration window.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any disputes shall be resolved in the courts of Orange County, Florida.
NO OBLIGATION TO RETAIN FILES
Wil the Photographer, LLC is under no obligation to retain, archive, or store copies of Media after delivery. It is the purchaser’s responsibility to download and back up Media upon receipt.
NO IMPLIED MODEL OR PROPERTY RELEASE
Unless otherwise stated in writing, Media does not include model or property releases. Commercial use may require additional permissions from identifiable individuals or locations depicted. Purchaser assumes responsibility for any necessary releases.
REFUND POLICY
All Media sales are final. No refunds or exchanges will be provided once access to downloads has been granted.
RECORD OF LICENSE GRANT
License is deemed granted at the moment of completed purchase and successful download initiation by the user.
NO PARTNERSHIP OR ENDORSEMENT
Use of Media does not imply endorsement, partnership, or affiliation with Wil the Photographer, LLC. Any unauthorized claims of representation or sponsorship may result in license termination and legal action.
ATTRIBUTION REQUIREMENT (COMMERCIAL USE)
For any commercial use, attribution must be clearly provided as “Photo/Video by Wil the Photographer, LLC” unless a written waiver is obtained.
CONTENT INTEGRITY
Licensee may not alter, distort, or manipulate Media in a way that misrepresents its original context or the reputation of Wil the Photographer, LLC. Any modifications must preserve the integrity of the original work.
DMCA TAKEDOWN POLICY
Wil the Photographer, LLC reserves the right to issue DMCA takedown notices for any unauthorized use of its Media across third-party platforms.
LICENSE VERIFICATION
Wil the Photographer, LLC reserves the right to request proof of purchase at any time. Failure to provide verifiable proof may result in immediate license termination.
MONITORING & ENFORCEMENT
Wil the Photographer, LLC actively monitors the use of its Media through digital tools and watermark tracking. Unauthorized use may result in takedown notices, license revocation, and legal action.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in Orange County, Florida.
NON-TRANSFERABILITY
Licenses are granted to the original purchaser only and may not be assigned, transferred, or sublicensed to any other party without prior written consent from Wil the Photographer, LLC.
FORCE MAJEURE
Wil the Photographer, LLC shall not be held liable for any failure to fulfill obligations due to events beyond its control, including but not limited to acts of God, natural disasters, cyberattacks, or service outages.
AI & MACHINE LEARNING RESTRICTIONS
The Media may not be used for the purposes of training, testing, or input into any artificial intelligence (AI), machine learning (ML), or neural network systems, including but not limited to image generation or recognition platforms.
RIGHT OF PUBLICITY DISCLAIMER
While the Media may contain individuals captured in public or event settings, Wil the Photographer, LLC does not guarantee model or property releases. Use of such Media for commercial purposes is at the buyer’s own risk and may require additional permissions.
NO NFT OR BLOCKCHAIN USE
The Media may not be minted, tokenized, or otherwise distributed via blockchain technologies, including as non-fungible tokens (NFTs), without the prior written consent of Wil the Photographer, LLC.
DERIVATIVE WORK RESTRICTIONS
The Media may not be modified, altered, or incorporated into derivative works for distribution, resale, or public sharing — including but not limited to social media reels, remixes, or compilations — without explicit written permission.
EXPORT CONTROL COMPLIANCE
The purchaser agrees to comply with all applicable U.S. and international export control laws and sanctions. The Media may not be downloaded or exported to any country or individual subject to U.S. government embargoes or sanctions.
NON-ENDORSEMENT CLAUSE
Use of the Media must not suggest any affiliation with or endorsement by Wil the Photographer, LLC. No trademark, logo, or likeness of the Company may be used without prior written consent.
AUDIT RIGHTS
Wil the Photographer, LLC reserves the right to audit usage of the Media licensed under a commercial license to confirm compliance. Such audits shall be conducted with reasonable notice and during regular business hours.
CREDIT REQUIREMENT
When commercially published or publicly displayed, credit must be given as: “Media by Wil the Photographer, LLC” unless agreed otherwise in writing.
EARLY TERMINATION CLAUSE
Any breach of this Agreement automatically terminates the license granted herein. Upon termination, the user must cease all use and destroy all copies of the Media.
DIGITAL WATERMARK & TRACKING DISCLOSURE
Media files may contain invisible watermarks or metadata used solely for anti-piracy and license compliance purposes. These identifiers do not affect file quality or usability.
NO REVERSE ENGINEERING OF DELIVERY SYSTEMS
You may not attempt to decompile, reverse engineer, or otherwise tamper with the systems, scripts, or interfaces used to deliver the Media.
NOTIFICATION REQUIREMENT FOR COMMERCIAL USE
Purchasers with commercial licenses must notify Wil the Photographer, LLC within 10 business days of any public distribution, publication, or broadcast involving the Media.
PLATFORM-SPECIFIC RESTRICTIONS
The Media may not be uploaded or monetized on adult-content platforms, mass-content licensing platforms, or video-sharing services such as OnlyFans, Shutterstock, or YouTube without a custom commercial agreement.
SURVIVAL CLAUSE
The restrictions, limitations, and rights regarding intellectual property, indemnification, and unauthorized use shall survive the expiration or termination of this Agreement.
INDEMNIFICATION
The licensee agrees to indemnify, defend, and hold harmless Wil the Photographer, LLC from any claims, damages, liabilities, or legal fees arising from misuse or unauthorized use of the Media.
LICENSE KEY OR TOKEN ENFORCEMENT
License activation may require the use of a license key, token, or secure download system. Any attempt to bypass or share this key is grounds for license revocation.
DMCA TAKEDOWN POLICY
Wil the Photographer, LLC actively enforces its rights under the Digital Millennium Copyright Act (DMCA). Unauthorized online distribution may result in takedown requests, ISP notifications, and legal action.
ANONYMOUS PURCHASE & DISTRIBUTION BAN
The use of false identities, aliases, or proxy buyers for the purpose of redistributing or reselling Media is strictly prohibited and subject to immediate legal action.
JURISDICTION & ENFORCEMENT LOCATION
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. All disputes arising from this Agreement shall be resolved in the state or federal courts located in Orange County, Florida.