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
PRIVACY POLICY
SugarFree Productions LLC • Blairsville, Georgia • shootingthehooch.com • Version 0.1
Draft under attorney review. This page describes our
current data practices and will be finalized once reviewed by counsel.
Privacy Policy
SugarFree Productions LLC — Shooting the Hooch
This Privacy Policy explains what information SugarFree Productions
LLC (“SugarFree,” “we,” “us”)
collects through shootingthehooch.com and our photo-purchase service
(the “Service”), how we use it, and the choices you have.
This Policy is separate from, and supplements, our
Personal-Use Photograph License
Agreement, which governs your rights to use any Image you
purchase.
1. What We Collect
Photographs taken in public. Our service
photographs people participating in outdoor recreation (such as river
tubing) from a moving camera rig. Each photograph may include the
date, time, and GPS location at which it was taken. We do not ask you
to sign up, log in, or identify yourself before or during the
photography — photographs are taken of visible activity in
public settings.
Purchase information. When you buy a photograph,
checkout is handled by our payment provider, currently Lemon Squeezy,
acting as merchant of record. Lemon Squeezy collects your email
address and payment details directly — SugarFree does not
receive or store your card number. We do receive your email address
and order details (which photograph, amount paid, order ID, and
timestamp) so we can deliver your purchase and maintain records as
described in our License Agreement.
Delivery information. We use a transactional email
provider, currently Brevo, to send you a secure, time-limited download
link after purchase. Brevo processes your email address solely to
deliver that message.
Website usage. Our website (built on WordPress)
and photo galleries may use standard, minimal cookies or similar
technology for basic functionality (for example, remembering that you
accepted our License Agreement during a browsing session). We do not
use advertising trackers, and we do not sell data to ad networks.
2. How We Use Information
- To generate, host, and deliver watermarked preview and purchased
photographs. - To process payment through our merchant-of-record provider and
confirm your order. - To email you a secure download link after purchase, and to
respond if you contact us about an order. - To maintain purchase records for fulfillment, re-delivery, fraud
prevention, and enforcement of our License Agreement, as described in
that Agreement. - To operate, secure, and improve the Service.
We do not use your information for targeted advertising, and we do
not sell your personal information to third parties.
3. Where Images and Data Are Stored
- Watermarked preview images are hosted on
Bunny.net, a content-delivery network, and are publicly viewable while
listed. - Full-resolution, unwatermarked originals are
stored on a private, access-controlled Bunny.net storage zone. They
are not publicly browsable. They are released only through a
time-limited, cryptographically signed link generated after a
verified, paid order, and delivered directly to the purchaser’s
email. - Payment and card data are held by our payment
provider under its own security standards; SugarFree does not store
card numbers. - SugarFree’s own records (order logs and the
original photographs) are retained on SugarFree-controlled systems as
our business archive and for the purposes described in Section 4.
4. Retention and Deletion
Unpurchased preview images are automatically
deleted from public hosting on a rolling basis, currently after
approximately 7 days.
Full-resolution originals are automatically
deleted from private hosting on a rolling basis, currently after
approximately 14 days, whether or not purchased.
SugarFree’s own archive. SugarFree retains
its own copies of photographs and order records beyond these windows
as its permanent business archive and to fulfill obligations under our
License Agreement (for example, re-sending a lost download link).
These retention windows are operational policy, may change, and
create no rights or obligations to any third party — consistent
with our License Agreement.
Your request. If you would like a photograph of
you removed from public preview hosting before its scheduled deletion,
use the “Request removal” link under any photo in a
gallery, or contact us directly, and we will
act on that request promptly.
5. Children’s Privacy
Our Service is directed to the general public engaged in outdoor
recreation, not specifically to children. We do not knowingly collect
account information from children, because the Service does not use
accounts. Photographs may incidentally include minors who are part of
a family or group; parents and legal guardians are responsible for
decisions about purchasing images of a minor in their care, as set out
in our License Agreement. A parent or guardian who wishes to have a
photograph of their minor child removed from public preview hosting
may contact us and we will act on that request promptly.
6. Your Choices and Rights
- You may ask us what information we hold connected to a specific
order or email address. - You may ask us to delete a preview image before its scheduled
automatic deletion. - You may decline to purchase, in which case no purchase or delivery
information is created.
California residents may have additional rights
under the California Consumer Privacy Act, including the right to
request disclosure or deletion of personal information we hold about
you and the right to be free from discrimination for exercising these
rights. We do not sell personal information.
Residents of Georgia, Tennessee, North Carolina, and South
Carolina retain any non-waivable rights available under their
state’s consumer-protection laws, consistent with Section 11 of
our License Agreement.
7. Security
We use industry-standard measures appropriate to our scale to
protect information in our control, including access-controlled
private storage for unpurchased full-resolution images,
cryptographically signed and time-limited download links, and
reliance on PCI-compliant third-party payment processing so that
SugarFree never handles raw card data. No method of transmission or
storage is perfectly secure, and we cannot guarantee absolute
security.
8. Data Breach Notification
If we become aware that personal information in our control has
been compromised in a manner that creates a reasonable risk of harm,
we will take reasonable steps to investigate and will notify affected
individuals as required by applicable law.
9. Third-Party Services
Our Service relies on third-party providers to operate, including
Lemon Squeezy (payment processing and merchant-of-record services),
Brevo (transactional email), and Bunny.net (content hosting and
delivery). Each provider processes information under its own privacy
policy and security practices, which we encourage you to review. We
are not responsible for the practices of services we do not own or
control.
10. Changes to This Policy
We may update this Policy from time to time. The version posted on
shootingthehooch.com is the current version. Material changes will be
reflected by an updated effective date.
11. Contact Us
Questions about this Policy, or requests regarding your
information, can be directed to SugarFree Productions LLC at
[contact email], Blairsville,
Georgia.
This Policy works together with, and does not replace, our
Personal-Use Photograph License
Agreement.
SugarFree Productions LLC · Blairsville, Georgia ·
shootingthehooch.com · Version 0.1 (attorney review draft)