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Preamble: ...in a newsletter, magazine, website, brochure, coffee-table book, or the next great illustrative masterpiece destined to rival the Mona Lisa, a few words are in order. While I am delighted that you have found an image and and informational article worthy of your attention, experience has taught me that even beautiful photographs and articles benefit from a little structure and an occasional dose of legal fine print. Think of the following information as the gardening equivalent of reading the seed packet before planting. This task is not especially exciting, but both can prevent considerable disappointment later. These terms are intended to ensure that everyone understands what rights are being granted, what uses are permitted, and how we can all continue to admire gardens, gardening and cultures around the world without unexpectedly meeting one another in a courtroom. So, with apologies to those eager to skip directly to the pictures or articles, please take a few moments to read what follows. It will help keep things simple, fair, and pleasant for everyone involved.
Photograph and Article Licensing Terms and Conditions Thank you for your interest in licensing photographs from JJons Consulting LLC. The photographs appearing JJons Consulting LLC YouTube channel https://www.youtube.com/@jjons1 represent original copyrighted works and are available for licensing on a selective basis. Because every project and intended use is different, each licensing request is considered individually. Licensing fees, duration, territory, exclusivity, and permitted uses are determined according to the specific requirements of each request. Nothing contained herein shall be construed as an offer to grant unlimited rights, and JJons Consulting LLC reserves the right to approve or decline any request at its sole discretion. All photographs and articles remain the exclusive property of JJons Consulting LLC. The licensing of an image conveys only those rights specifically granted in writing. Copyright ownership is retained by JJons Consulting LLC at all times, and no transfer of copyright is implied or intended unless otherwise stated. Whenever practical, the following credit should accompany the image: © JJons Consulting LLC. Licenses generally become effective only upon receipt of payment in full. Unless otherwise specified in writing, licenses are non-exclusive, non-transferable, and non-sublicensable. Any use beyond the scope of the rights granted requires prior written approval and may be subject to additional licensing fees. License fees vary depending upon the nature of the intended use, including whether the image or article is to be used for personal, editorial, educational, commercial, or advertising purposes. Additional considerations may include the territory of use, duration, audience size, exclusivity requirements, and the number of images and the specific article requested. Typical fees range from $35 to $75 for personal use, $75 to $200 for editorial applications, $150 to $300 for books and magazines, $250 to $500 for commercial websites, and $500 to $1,500 or more for advertising and promotional purposes, subject to typical editorial rates of the requestor. Exclusive rights and special projects are quoted individually. Reasonable image adjustments, including resizing, cropping, and minor color or brightness corrections, are generally permitted. However, modifications that materially alter the character, context, or integrity of a photograph require prior written approval. Without the express written consent of JJons Consulting LLC, licensed images may not be resold, sublicensed, transferred to third parties, or incorporated into stock photography collections. Images may not be used in connection with unlawful, defamatory, misleading, or pornographic material. Likewise, photographs may not be used in connection with artificial intelligence systems, machine learning applications, image generation systems, facial recognition software, or training datasets. Copyright notices and embedded metadata may not be removed or altered. Unless expressly stated otherwise in writing, no model releases or property releases are provided. Licensees are responsible for determining whether additional permissions or releases are required for their intended use, particularly in connection with advertising or promotional applications. JJons Consulting LLC warrants that it owns the photographs and possesses the authority to grant licenses for their use. Except for this warranty, all images are provided “AS IS” without additional warranties, either express or implied. Under no circumstances shall JJons Consulting LLC be liable for incidental, consequential, indirect, punitive, or special damages arising from the use of licensed photographs. Any liability shall be limited to the amount paid for the applicable license. Licensees agree to indemnify and hold harmless JJons Consulting from any claims, liabilities, damages, expenses, or attorney fees arising from unauthorized use, uses exceeding the scope of the license, modifications made by the licensee, or the incorporation of the photographs into other works, products, or materials. These terms and conditions shall be governed by the laws of the State of Texas. Any disputes arising from the licensing of photographs shall be resolved exclusively by arbitration in Harris County, Texas. In any action arising under these terms, the prevailing party shall be entitled to recover reasonable attorney fees and court costs. These terms and conditions, together with any applicable invoice, image schedule, or written license agreement, constitute the entire agreement between the parties and supersede all prior discussions or understandings. No modification shall be effective unless made in writing. For information regarding licensing, purchasing or special requests, please contact: JJons Consulting LLC's email - [email protected] |
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