Personal & Editorial Use Image License Agreement — Christopher Trimble
Licensor: Christopher Trimble (“Licensor”)
Contact: trimbleproductionsonline@gmail.com
Licensee: The individual purchaser of the digital image file (“Image”).
Effective Date: Upon purchase, download, or use of the Image.
Governing Law & Venue: State of Arizona, United States; courts in Maricopa County, Arizona.
1. Grant of License
Licensor grants Licensee a non‑exclusive, non‑transferable, perpetual, worldwide license to use the Image for:
• Personal, non‑commercial uses; and
• Editorial, non‑promotional uses (defined below).
2. Definitions
“Editorial Use” means contextual use accompanying news, commentary, criticism, education, or other matters of public interest—for example: newspapers, magazines, books, scholarly and educational materials, documentaries, journalistic websites/blogs, and social posts that report or comment on events, culture, or subjects of public interest. Editorial Use excludes advertising, merchandising, endorsements, sponsored posts, and other promotional or commercial exploitation of the Image.
3. Permitted Uses
A. Personal Uses (examples)
• Display on Licensee’s personal devices and personal (non‑business, non‑sponsored) social media accounts.
• Create unlimited physical prints for Licensee’s own spaces or as non‑commercial gifts.
• Make a reasonable number of backup copies for personal archiving, provided the files are kept private.
B. Editorial Uses (examples)
• Publication in newspapers, magazines, journals, books, documentaries, and educational materials (print or digital).
• Use on journalistic or commentary websites/blogs and social media posts in a non‑promotional context.
• Cropping, resizing, and minor adjustments for technical quality, provided the meaning or context is not misrepresented.
4. Restrictions / Prohibited Uses (examples, not exhaustive)
• Advertising, marketing, promotional or sponsored content, product packaging, trade dress, or merchandise.
• Uses implying endorsement by, or affiliation with, Licensor or any depicted person, brand, or property.
• Resale, relicensing, distribution, file‑sharing, or making the full‑resolution Image (or derivatives) available for download.
• Use in logos, trademarks, or as part of templates or designs for resale.
• Use in NFTs, blockchain tokens, or similar products.
• Training, fine‑tuning, or evaluating AI/ML models; inclusion in any dataset for such purposes.
• Removal or alteration of copyright notices, watermarks, or embedded metadata; circumvention of technical protections.
• Defamatory, pornographic, deceptive, or otherwise unlawful uses, or uses that place subjects in a false light.
5. Ownership
The Image is copyright © Christopher Trimble. No ownership or copyright is transferred. All rights not expressly granted are reserved by Licensor.
6. Releases & Compliance
No model or property releases are provided. Licensee is responsible for determining whether releases are required for a particular use and for obtaining them when necessary. Editorial Use typically does not require such releases; commercial/promotional uses usually do and are prohibited by this license.
7. Attribution
A. Mandatory Attribution. Licensee shall provide clear and conspicuous attribution to Licensor for all uses of the Image, whether personal or editorial, unless expressly waived in writing by Licensor.
B. Attribution Format. Attribution shall be provided in one of the following formats:
• "© Christopher Trimble"
• "Photo by Christopher Trimble"
C. Prominence and Legibility. Attribution must be reasonably prominent, legible, and placed in close proximity to the Image whenever practicable. If the Image is used as part of a larger work (e.g., a book, documentary, or website), attribution should also be included in any general credits section.
D. Online Use Requirements. For all online uses of the Image, Licensee shall, where technically feasible, include a clickable hyperlink from the attribution directly to Licensor's website or portfolio (trimbleproductionsonline.com). This hyperlink must be active and functional for the duration of the Image's online display.
E. Exceptions and Good Faith Efforts. In rare instances where providing attribution in the specified manner is technically impossible or commercially unreasonable (e.g., extremely small reproductions), Licensee shall make good faith efforts to provide attribution in an alternative, reasonably prominent manner. However, the general requirement for attribution remains in effect.
8. Termination and Remedies
A. Automatic Termination. This license will terminate automatically and immediately without notice if Licensee breaches any of its terms. Upon such termination, Licensee must immediately cease all use of the Image and delete all copies of the Image in their possession or control, including from all devices, storage media, and online platforms.
B. Liquidated Damages for Unauthorized Commercial Use. Licensee acknowledges that unauthorized commercial use of the Image would cause Licensor irreparable harm that would be difficult to quantify. Therefore, if Licensee uses the Image for any commercial, promotional, advertising, or merchandising purpose not expressly permitted by this Agreement, Licensee shall pay Licensor liquidated damages in the amount of Twenty-Five Thousand Dollars ($25,000.00) per instance of unauthorized commercial use. This amount is a reasonable estimate of the damages Licensor would suffer and is not a penalty. Payment of liquidated damages does not preclude Licensor from seeking other remedies for breach.
C. Injunctive Relief. Licensee agrees that any unauthorized use of the Image, or any breach of the terms of this Agreement, would cause irreparable harm to Licensor for which monetary damages would not be an adequate remedy. Therefore, Licensor shall be entitled to seek immediate injunctive relief, without the necessity of posting a bond or other security, in addition to any other remedies available at law or in equity.
D. Attorney's Fees and Costs. In the event Licensor is required to enforce its rights under this Agreement, including but not limited to pursuing claims for unauthorized use or breach, Licensee agrees to reimburse Licensor for all reasonable attorney's fees, court costs, and other expenses incurred by Licensor in connection with such enforcement.
E. Audit Rights. Upon reasonable notice, Licensee shall permit Licensor or its designated representative to inspect Licensee's records and systems related to the use of the Image to verify compliance with the terms of this Agreement. Licensee shall provide all reasonable assistance to facilitate such audit.
F. Survival. Sections 5 (Ownership), 9 (Warranties, Liability, and Indemnification), 10 (Assignment & Transfer), 11 (Entire Agreement; Severability; Waiver), and this Section 8 (Termination and Remedies) shall survive any termination or expiration of this Agreement.
9. Warranties, Liability, and Indemnification
A. Disclaimer of Warranties. The Image is provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensor does not warrant that the Image will meet Licensee’s requirements or that its use will be uninterrupted or error-free.
B. Limitation of Liability. To the fullest extent permitted by law, Licensor’s total aggregate liability for any claim arising out of or relating to this license or the use of the Image shall be limited to the amount Licensee paid for the Image. This limitation applies to all causes of action, whether in contract, tort (including negligence), or otherwise. In no event shall Licensor be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Licensor has been advised of the possibility of such damages.
D. Indemnification by Licensee. Licensee agrees to indemnify, defend, and hold harmless Licensor, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or in connection with: (i) Licensee’s use of the Image in a manner not expressly permitted by this Agreement; (ii) any breach by Licensee of the terms of this Agreement; or (iii) any third-party claims arising from Licensee’s use of the Image, including, without limitation, claims of defamation, invasion of privacy, or infringement of intellectual property rights.
10. Assignment & Transfer
This license is personal to the Licensee and may not be transferred, assigned, or sublicensed without Licensor’s prior written consent.
11. Entire Agreement; Severability; Waiver
This Agreement is the entire understanding regarding personal and editorial use of the Image and supersedes any conflicting statements on the site. If any provision is held unenforceable, the remainder will remain in effect. No waiver is effective unless in writing and signed by Licensor.
12. Usage Monitoring and Reporting
A. Record Keeping. Licensee shall maintain accurate records of all uses of the Image, including the date, medium, and context of use. These records shall be made available to Licensor upon reasonable request to verify compliance with this Agreement.
B. Editorial Use Reporting. For any editorial use of the Image, Licensee shall, upon Licensor's request, provide specific details regarding the context of use, including but not limited to, the name of the publication or platform, publication date, and a link or copy of the content in which the Image appears.
C. Integrity of Image Information. Licensee shall not remove, alter, or obscure any copyright notices, watermarks, embedded metadata, or other proprietary legends or technical protection measures contained within or affixed to the Image. Any circumvention of such measures is strictly prohibited.
D. Verification of Use. Licensor reserves the right to request proof from Licensee that any particular use of the Image qualifies as a permitted editorial use and does not constitute a prohibited commercial or promotional use. Licensee shall promptly provide such proof upon request.
E. Notification of High-Profile Use. Licensee agrees to notify Licensor in writing within a reasonable timeframe (e.g., seven (7) business days) of any planned or actual use of the Image in a high-profile publication, major media outlet, or any use anticipated to have wide distribution (e.g., exceeding 100,000 copies or views). This notification is for informational purposes only and does not imply endorsement or approval by Licensor.