Personal License

License Grant & Restrictions
The Content Provider ("Provider") grants the buyer ("Licensee") a non-exclusive, perpetual, personal-use license to download and reproduce the accompanying image(s) and/or video(s) (collectively, the "Media"), subject to the terms and conditions set forth below.

Permitted Uses
This license is strictly limited to personal, non-commercial purposes. Permitted uses include displaying the Media on personal websites and personal computers, and creating physical prints or digital copies for private, non-distributed personal use.

Prohibited Uses
The Licensee is expressly prohibited from using the Media for any commercial purpose whatsoever, including but not limited to:

  • Any use that involves charging money, collecting fees, or receiving any form of compensation or remuneration;

  • Use in advertising, marketing, or promotional materials;

  • Use on or incorporation into any physical or digital merchandise, product, or service intended for sale, distribution, or commercial resale (including, without limitation, apparel, packaging, accessories, or printed goods);

  • Resale, re-licensing, sub-licensing, or distribution of the Media in any form, whether standalone or as part of another work.

No Merchandise License
For the avoidance of doubt, this license does not include, and expressly excludes, any right to use the Media in connection with the manufacture, production, or sale of any merchandise or commercial product. Any such use is strictly forbidden.

Penalty for Unauthorized Commercial or Merchandise Use

Any unauthorized use of the Media in violation of the terms above—particularly any use on or in connection with merchandise, products, or commercial ventures—shall subject the Licensee to a liquidated damages penalty of $1,000.00 (One Thousand Dollars), in addition to any other remedies available to the Provider under applicable law.

Ownership
Title, ownership, and all intellectual property rights, now and in the future, in and to the Media shall remain exclusively vested in the Provider. Nothing in this license shall be construed as a transfer of copyright or any other ownership interest.

Disclaimer of Warranties
THE MEDIA ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability
IN NO EVENT SHALL THE PROVIDER BE LIABLE TO THE LICENSEE OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OF THE MEDIA, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

Commercial License

Commercial License Terms

In addition to the standard Terms of Sale, the following provisions apply when the Customer ("Licensee") purchases a Commercial License for any image(s) (the "Media") from James Johnson Creative("Provider").

1. Commercial License Grant
Upon payment of the applicable Commercial License fee, the Provider grants the Licensee a non-exclusive, perpetual, worldwide Commercial License to use the Media for commercial purposes, subject to the restrictions set forth below.

For the purposes of this Agreement, "commercial purposes" means use of the Media in connection with the Licensee's business, including but not limited to:

  • Websites, landing pages, and social media marketing;

  • Print and digital advertising (e.g., brochures, flyers, billboards, online ads);

  • Corporate presentations and internal business materials;

  • Email marketing campaigns;

  • Editorial use in publications (digital or print);

  • Branding and promotional materials for the Licensee's own business.

2. No Merchandise / Product License
Notwithstanding the commercial use permitted above, this Commercial License does not include, and expressly excludes, any right to use the Media on or in connection with any merchandise, physical product, or manufactured goods intended for sale, distribution, or commercial resale.

Prohibited merchandise uses include, but are not limited to:

  • Apparel (t-shirts, hoodies, hats, etc.);

  • Drinkware (coffee mugs, water bottles, tumblers, etc.);

  • Textiles (blankets, towels, tote bags, etc.);

  • Home décor (prints, canvases, pillows, etc.);

  • Packaging, labels, or product branding;

  • Calendars, stationery, or greeting cards;

  • Any other physical product manufactured or produced for resale or distribution.

If you require a Merchandise License, please contact us at info@jamesjohnsoncreative.com to discuss separate licensing terms and fees.

3. Prohibited Commercial Uses
Even with a Commercial License, the Licensee may NOT:

  • Resell, re-license, sub-license, or redistribute the Media as standalone files;

  • Claim ownership of the Media or register any copyright or trademark in the Media;

  • Use the Media in any way that is defamatory, pornographic, unlawful, or otherwise offensive;

  • Use the Media in a manner that implies endorsement by the Provider or any depicted persons;

  • Use the Media in AI training, machine learning, or NFT (non-fungible token) applications.

4. Acknowledgment and Acceptance
By purchasing a Commercial License, the Licensee acknowledges and agrees:

  • They have read and understood these Commercial License Terms;

  • They understand that this license does not permit merchandise or product use;

  • They will not use the Media for any prohibited purpose;

  • They accept that any unauthorized merchandise use will constitute a material breach of this Agreement.

5. Termination and Penalty for Unauthorized Use

Any unauthorized use of the Media—particularly any use on or in connection with merchandise or products for resale—shall:

  • Immediately terminate this Commercial License;

  • Subject the Licensee to a liquidated damages penalty of $2,000.00 (Two Thousand Dollars) per unauthorized use, in addition to any other remedies available to the Provider under law;

  • Result in the Licensee being held liable for any profits derived from the unauthorized use.

6. No Warranties; Limitation of Liability
THE MEDIA ARE PROVIDED "AS IS." THE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS COMMERCIAL LICENSE OR THE USE OF THE MEDIA.

7. Governing Law
This Commercial License shall be governed by and construed in accordance with the laws of the State of Arizona.

8. Contact for Merchandise Licensing
To inquire about obtaining a Merchandise License, please contact us at:

James Johnson Creative
info@jamesjohnsoncreative.com