Personal Use License

PERSONAL-USE PHOTOGRAPH LICENSE AGREEMENT

SugarFree Productions LLC — River Photography Service

This Personal-Use Photograph License Agreement (this “Agreement”) is entered into between SugarFree Productions LLC, a Georgia limited liability company (“SugarFree,” “we,” “us”), and the individual completing a purchase through our photo kiosk, website, or point of sale (“Customer,” “you”). By clicking “I Agree,” completing a purchase, or downloading any Image, you accept this Agreement. If you do not agree, do not purchase or download.

1. Definitions

  • “Images” means the photograph(s) you select and purchase through our service, captured by SugarFree in public outdoor recreation settings.
  • “Personal Use” means private, non-commercial use by you and your household or immediate family: viewing, printing, personal keepsakes, and sharing on personal, non-monetized social media accounts or personal non-profit websites.
  • “Commercial Use” means any use that promotes, advertises, or is associated with a product, service, business, brand, monetized account or channel, political cause, or fundraising, or any use for which you receive compensation, sponsorship value, platform payments, or other consideration.

2. Ownership; License Grant

All Images are and remain the sole property of SugarFree, which owns all copyright and other intellectual-property rights in them. Subject to your payment and compliance with this Agreement, SugarFree grants you a limited, non-exclusive, non-transferable, non-sublicensable, perpetual license to use the purchased Images for Personal Use only. No other rights are granted. This is a license, not a sale of the Images themselves.

3. Restrictions

You agree that you will NOT:

  • use any Image for Commercial Use of any kind without a separate written commercial license signed by SugarFree;
  • use, or permit the use of, the likeness of any person appearing in an Image to advertise or endorse any product, service, or cause, or otherwise for personal or commercial gain;
  • sell, resell, license, rent, or otherwise transfer any Image or your license to any third party;
  • purchase, download, or attempt to retrieve Images in which neither you nor a member of your group appears, or otherwise use the service to obtain photographs of strangers;
  • remove or alter any watermark, copyright notice, or metadata on preview images;
  • use any Image in a manner that is unlawful, defamatory, harassing, or that violates the privacy or publicity rights of any person.

4. Customer Representations

By purchasing, you represent and warrant that: (a) you appear in the purchased Images, or a member of your family or the group with whom you participated in the activity appears in them; (b) if any minor appears, you are that minor’s parent or legal guardian or have that parent or guardian’s authorization; and (c) the information you provide at purchase is accurate. SugarFree maintains records of purchases, including the Images purchased and purchaser information, and may rely on and produce those records in connection with any misuse.

5. Third Parties in Images; Publicity Rights Notice

Images are captured in public settings and may incidentally include other members of the public. Your Personal Use license does not convey any right to exploit the likeness of any person. The states of Georgia, Tennessee, North Carolina, and South Carolina each recognize, by statute or common law, rights against the unauthorized commercial appropriation of a person’s name, image, or likeness (including, in Tennessee, under the Personal Rights Protection Act, Tenn. Code Ann. § 47-25-1101 et seq.). You are solely responsible for any use of an Image beyond the Personal Use permitted here, and you agree to indemnify and hold harmless SugarFree from claims arising out of your misuse.

6. Retention and Deletion

Unpurchased images are automatically deleted on a rolling basis in the ordinary course of business (see posted retention schedule). SugarFree retains purchased Images and transaction records for fulfillment, re-delivery, and record-keeping purposes. Deletion schedules are operational policy and may change; they create no rights or obligations to any third party.

7. Electronic Acceptance

This Agreement may be accepted electronically. Georgia, Tennessee, North Carolina, and South Carolina have each adopted the Uniform Electronic Transactions Act, and the parties agree that electronic acceptance, signatures, and records satisfy any requirement of a writing or signature and shall have the same force as originals.

8. Disclaimer of Warranties

IMAGES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUGARFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SUGARFREE DOES NOT WARRANT THAT ANY PARTICULAR PERSON, MOMENT, OR EVENT WAS CAPTURED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUGARFREE’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE IMAGES AT ISSUE, AND IN NO EVENT SHALL SUGARFREE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. Some states do not allow certain limitations; in those states, liability is limited to the fullest extent permitted.

10. Copyright Enforcement

Unauthorized use of Images beyond the license granted here constitutes copyright infringement and breach of this Agreement. SugarFree reserves all remedies, including statutory damages and attorneys’ fees where available under 17 U.S.C. § 504–505.

11. Governing Law; Venue; Consumer-Law Savings

This Agreement is governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Exclusive venue for any dispute lies in the state or superior courts of Union County, Georgia, and you consent to personal jurisdiction there. If you are a resident of Tennessee, North Carolina, or South Carolina, nothing in this Agreement waives non-waivable rights you hold under the consumer-protection laws of your state of residence (including the Tennessee Consumer Protection Act, the North Carolina Unfair and Deceptive Trade Practices Act, and the South Carolina Unfair Trade Practices Act); such rights are preserved to the extent they cannot lawfully be limited.

12. General

This Agreement is the entire agreement between the parties regarding the Images and supersedes prior discussions. If any provision is held unenforceable, it shall be modified to the minimum extent necessary and the remainder shall continue in effect. SugarFree’s failure to enforce a provision is not a waiver. You may not assign this Agreement; SugarFree may assign it in connection with a sale of its business. Headings are for convenience only.

ACCEPTED electronically by Customer at time of purchase.

SugarFree Productions LLC  •  Blairsville, Georgia   •  Version 0.1