This standard license agreement is between you – the End User – and Diana Jo Marmont, the copyright holder of all the works on this site. When you purchase licenses, you accept this agreement either for yourself or on behalf of your employer if they are the account holder, and agree to be bound by its provisions. If you are an employee or contractor, you agree that you have authority to act on their behalf. If you do not agree with these terms, do not download any images.
Most images on the site are offered with a commercial license which means they are available for commercial, editorial and personal use. Images that are marked with “Editorial Use Only” may not be used for any commercial purpose (e.g. advertising, promotion, sales materials). Editorial use only images are suitable for newspapers, blogs, magazines and books – online or in physical form.
What you’re buying
A perpetual, non-exclusive, non-transferable worldwide license to use the image in permitted ways (as defined below). This is often referred to as a Royalty Free License. Unless the use is permitted, you may not do it. All other rights to the image, including copyright and other intellectual property rights, are retained by Diana Jo Marmont.
You may modify the licensed images in any way you need to for your project, but you will not have copyright in the resulting derivative work. For this reason, licensed images may not be used in logos you create (you would need to own the copyright in anything included in a logo). Conversion by the End User of raster images to vector does not grant copyright in the vector image as it is a derivative work.
Image licenses are non-exclusive – other customers may buy licenses and use the images in their projects. Contact me if you wish to discuss additional rights, but be aware that existing licenses for that image cannot be revoked.
Licenses are for you – the End User – only. Licenses are non-transferable, so you can’t share this with a friend or give it to a client other than as part of your project for them. Anyone working on a project for the End User may have access to the image only for projects for the End User.
How long the license lasts
Some permitted uses
Blogs, books, book covers, branding, brochures, business cards, cd covers, e-books, flyers, magazine articles, marketing, movie props, news articles, presentations, social media, TV or movie props, web sites, etc. Prints and posters, for personal or business use (but not for resale) are permitted (so giving away promotional posters at a trade show is a business use, where selling the posters for a fee is a retail item for sale). These are examples, not a comprehensive list.
The number of impressions (items printed) may be 100,000 or fewer. For larger print runs an extended license is required (see the agreement here). Images may be used unmodified (with no superimposed text or images) on a web site up to 800 pixels on the long edge. It is not required to provide an image credit, but “© Diana Jo Marmont” is the credit to use if you choose to.
Contact me if there are questions about whether or not a use is permitted.
Uses not permitted
Print-on-demand websites – includes websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com, fineartamerica.com or other similar sites.
Retail items for sale – prints, T shirts, hats, cards, posters etc. – are prohibited without an extended license.
Images may not be distributed to other users via templates such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, digitized embroidery files, personalized products, business card design templates, etc. An extended license is required for these uses.
Images may not be offered for download, license or sale as wallpapers, stock images or or in any other electronic form.
Images of people may not be used:
- – in such a way as to imply endorsement for a product or cause;
- – for pornographic, obscene or libelous works;
- – in sensitive subjects – such as mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference – without a disclaimer (such as “posed by model).
Diana Jo Marmont holds no responsibility for any legal issues that may arise from any use by the End User of licensed images. The End User is responsible for any legal issues or costs resulting from their use.
The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from End User’s use of the image(s). This includes any legal and/or any financial liability that may arise from such use. You may not use any image found on this site for any illegal or fraudulent purpose.
The End User shall indemnify and defend Diana Jo Marmont against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of any Image or combination of any Image with any other material, the End User’s failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.
Images – such as editorial use only images – may contain copyrighted material or trademarks. Even images with commercial licenses may have copyrighted or trademarked items in the background or some other incidental location. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).