Terms of Service

All clients are subject to the terms of service listed under their original Executed contract with Mau Loa Photography d/b/a Erica Melissa.

 

Additional terms:

 

DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Erica Melissa. Erica Melissa permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

  • The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under the original agreement or this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Erica Melissa  There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
  • Under this provision, neither Erica Melissa and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
  • A commercial license may be available upon request, and will require an additional contractual agreement between Erica Melissa and the customer. Please contact hello@ericamelissa.com for more information.

 

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

  • The customer may display Product(s) and Media on personal websites and computers.
  • The customer may make images and or prints for personal use including purchases of the high resolution digital images.

 

CUSTOMER BARRED ACTIONS:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

  • The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Erica Melissa.
  • The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
  • The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
  • The customer shall not incorporate the Media, Product(s), or Erica Melissa brand or logo into any trademarks, logos, or service marks.
  • The customer shall not make any purchased Media or Product(s) available for download.
  • The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.

 

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