Commercial Image Usage License

Eichelberger Photography LLC | DitchStockPhotos.com

Eichelberger Photography LLC (“Photographer”) hereby grants to the client (“Client”) a fully paid-up, royalty free, non-exclusive, non-transferable, perpetual, irrevocable license to use the photos obtained from Eichelberger Photography LLC (and derivatives provided by Eichelberger Photography LLC) for commercial purposes, subject to the following limitations:

Client may edit the photographs and/or create derivative works for Client’s commercial use.

Client may not sub-license the photographs except to Client’s employer(s)/employee(s), or to the extent that the photographs are sub-licensed to be used by a third party to promote:
(1) Client’s business (e.g., in affiliate marketing or by a joint-venture partner),
(2) Client’s appearance at an event (e.g., a live or virtual summit), or
(3) Client’s appearance on the third-party’s platform (e.g., as a podcast guest, guest blogger, or television/video guest).

Client may not use the photographs to create physical products for sale (planners, album covers, t-shirts, greeting cards, etc.) with the current license, except that Client may use the photographs for Author photos, bios, etc. on the BACK COVER or INSIDE JACKET or in the contents of a book authored by Client. The photographs may NOT be used on the front cover of a book (physical nor e-book). Book covers and retail merchandise usage require a merchandising license, which is subject to a different fee schedule. Contact Eichelberger Photography for details. 

Client may not: (1) sell copies of the photographs to anyone, (2) enter the photographs into any contests, (3) sell, license, or in any way provide the photographs to be used as stock photos, (4) upload the photographs to any photo-sharing websites such as Flikr, 500px, etc. (social media sites excluded), (5) provide the photographs to any third party to be used on social media except as allowed by the provision governing sub-licenses above, (6) use photographs in association with any illegal business or venture, (7) use photographs in association with any pornographic business or venture, and (8) use the photos in a derogatory or defamatory manner towards any of the people or property in the images.

Client is not required to provide attribution or otherwise credit the Photographer in any way, but Client may not falsely represent or imply that the photographs are attributable to anyone other than Eichelberger Photography.

While attribution is not required, it is appreciated where appropriate.
Should the Client wish to credit the Photographer, Client should do so in the following ways based on the platform being used:

On a Website: Eichelberger Photography www.DitchStockPhotos.com
On Facebook: @EichPhoto  www.DitchStockPhotos.com
On Instagram: @EichPhoto

Eichelberger Photography LLC agrees not to re-sell images nor grant usage rights to any other business, individual, or competitor of the licensee, but reserves the right to use image for promotion on its own website, marketing materials, etc.

License and usage terms are granted as follows:

Licensor Name                       Eichelberger Photography LLC
Licensor Address                    1208 Ridgelawn Ln
Licensor City & State              St. Peters, MO
Licensor Country                    United States
Licensor Telephone                636-734-1486
Licensor Email                        Kim@EichPhoto.com
Licensor URL                          www.DitchStockPhotos.com
Licensor Notes                       Contact Kimberly Eichelberger of Eichelberger Photography LLC, registered in the State of Missouri, USA.  www.DitchStockPhotos.com 636-734-1486 info@eichphoto.com
These images Copyright Eichelberger Photography LLC. All other rights reserved.
Image File Constraints           Maintain Metadata [IF-MMD]
Copyright Status                    Protected [CS-PRO]
Copyright Owner Name         Eichelberger Photography LLC

ASSERTING COPYRIGHTS AGAINST INFRINGERS.

As the owner of the copyrights in the photographs, the Photographer shall have the right, but not the obligation, to take legal or other action to enforce the copyrights, including by sending cease and desist letters, sending demand letters, sending Digital Millennium Copyright Act takedown notices, and/or filing lawsuits or other legal actions against infringers. To the extent Photographer takes such action, Photographer shall bear all costs associated with the enforcement action and shall be entitled to all proceeds from the enforcement.

In the event that Photographer opts not to enforce the copyright(s) against an infringer, Client shall have the option to enforce the copyright(s) as follows.  At Client’s request, Photographer shall initiate any necessary enforcement action in Photographer’s name against any infringer. Client shall bear all costs associated with any such enforcement, and Client shall reimburse Photographer at a reasonable rate of $85 per hour for all time Photographer spends assisting in the enforcement action(s). Client shall reimburse Photographer regardless of the results of any enforcement action. Client shall be entitled to all proceeds of any enforcement actions beyond the reimbursement of Photographer.