License Agreement

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LICENSE AGREEMENT

This is a license agreement between you and Pamela Logan that explains how you can use photos and articles that you download from pamela-logan.com or otherwise obtain from her. The provisions of this agreement apply to both paid and free products, including thumbnails and previews, except where specifically noted.

1. Rights Granted.

Subject to the restrictions and other terms in this agreement, the rights granted to you by this agreement are:

Free and paid photos: Editorial use only. Examples are: websites, blog posts, social media, presentations, newsletters. You must give credit as follows: “Source: pamela-logan.com”.  Political use is prohibited (see below).

Free and paid articles: Individual reading and research only. Do not re-post articles on other websites (whether password-protected or not) or incorporate them in other works (whether printed or electronic).

When quoting Pamela Logan’s articles in other works, you must credit her as follows: “Source: pamela- logan.com”.

The rights granted above are:

  • Perpetual, meaning there is no expiration or end date on your rights to use the content, except as provided in this agreement the paragraph headed “Termination.”
  • Non-exclusive, meaning that you do not have exclusive rights to use the content. Pamela Logan can license the same content to
  • Unlimited, meaning you can use the content in an unlimited number of times as long as the use is permitted as described

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

2. Rights not included with free and paid content:

  1. Use of photos in newspapers, magazines, books, film and television productions, on-line videos, or web/mobile applications.
  2. Classroom/educational use of paid articles.
  3. Commercial, promotional, advertorial, endorsement, advertising or merchandising use.
  4. Products for Resale.  You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters, and DVDs.
  5. To acquire any of the four above-listed rights, or any other right not explicitly granted in #1, please contact us.

3. Restricted Uses

  1. NO Political Use.  You may NOT use Pamela Logan’s photos in any work having political content unless she first approves such use in writing. “Political content” includes ads for political organizations and causes, political parties, issue advocacy or fundraising, and individual candidates and politicians.
  2. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful.
  3. No Standalone File Use. You may not use content in any way that invites others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
  4. No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or
  5. Sensitive Use. Do not use photos of people in connection with an article that a reasonable person would consider unflattering or dangerous to the person/people pictured.
  6. No False Representation. 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 publish a book based primarily on licensed content and claim that you are the author.
  7. Limited print run. You may not reproduce the content more than 500 times in physical print form. This restriction does not apply to electronic reproduction.

4. Who, besides me, can use the licensed content?

For paid products, the license is for a single user. This refers to the raw file of content, not the end project or use. For paid products, 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:

  • Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this
  • Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

5. Intellectual property rights.

All of the licensed or copyrighted content is owned by Pamela Logan. All rights not expressly granted in this agreement are reserved by her.

6. Termination/Cancellation/Refunds

Termination. This agreement shall immediately terminate if you (1) use Pamela Logan’s articles or photos in a manner contrary to this license agreement, or (2) upload them to a social media platform or other third-party website and that platform/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.

Refunds/Cancellation. There is no refund or credit for downloaded files. If a file can’t be opened by commonly available applications, contact us to get a replacement.

7. Representations and Warranties.

Pamela Logan makes the following representations and warranties:

“Editorial Use Only” Warranty Disclaimer. Pamela Logan does not make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.

Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Pamela Logan does not warrant the accuracy of such information, or of any metadata provided with the content.

No Other Warranties. Except as provided in the “warranty of non-infringement” section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose.

8.  Indemnification/Limitation of Liability.

Indemnification of Pamela Logan by you. You agree to defend, indemnify and hold harmless Pamela Logan from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

Limitation of Liability. Pamela Logan WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF Pamela Logan 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.

9. General Provisions.

  1. This agreement is personal to you and is not assignable by you without Pamela Logan’s prior written consent. Pamela Logan 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.
  2. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Pamela Logan sample copies of projects or end uses that contain licensed content, including by providing Pamela Logan with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. Where Pamela Logan reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at Pamela Logan’s request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by Pamela
  3. Electronic storage. You agree to retain any information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of paid content for back-up
  4. Governing Law/Arbitration. This agreement will be governed by the laws of the State of Colorado, 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 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
  5. 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.
  6. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
  7. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made and accepted in signed hardcopy or pdf form by Pamela Logan. In the event of any inconsistency between the terms of this agreement and the terms contained in other communications between you and Pamela Logan, the terms of this agreement will
  8. All notices required to be sent to Pamela Logan under this agreement should be sent via email to legalnotice@pamela-logan.com. All notices to you will be sent via email to the email provided at the time of purchase.
  9. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of your purchase or use of the licensed content.

QUESTIONS?

We don’t bite! Please contact us.