All photographs are the property of CSBeck Art/Christina Beckerman (“the Photographer”) and are copyrighted by law.
Purchase or authorized download of photographs from this website by any entity or person (“Client”) constitutes acceptance of the terms of this agreement.
Photographs shall not be copied, published, or used in any way except as provided for in this Agreement. The Photographer reserves the right to use all photography on the Photographer’s website and for the Photographer’s own marketing or advertising purposes. The Client shall only use photographs in accordance with this Agreement. The Client shall use the photographs for personal, non-commercial use only, and subject to the restrictions on use set out in this agreement.
The Client is explicitly prohibited from using, uploading, submitting, or permitting purchased photographs to be used in connection with any artificial intelligence, machine learning, or neural network workflows. This includes, without limitation: AI Model Training such as utilizing the photograph/s as data inputs to train, retrain, fine-tune, or test any generative AI algorithms, large language models, or synthetic media tools; generative modification such as submitting the photograph/s into generative fill, text-to-image prompts, face-swapping, style-replication, or similar tools to create entirely new or synthetically modified derivative works; and/or data scraping & mining by allowing or facilitating the harvesting, scraping, or metadata extraction of the Work for AI dataset inclusion.
Any unauthorized use of the Work in an AI workflow constitutes a material breach of this Agreement, immediately terminating the usage license and rendering the Client liable for unauthorized commercial exploitation.
Personal, non-commercial use means the Client may display printed photographs in their personal homes, kennels and physical businesses and digital photographs on their personal computers and may print digital photographs for personal use. The Client may also display the photographs on their personal websites, so long as the photograph is unaltered and includes a direct link to the Photographer’s website or credit to the Photographer. The Client may share photographs to their personal social media platforms so long as the photograph is unaltered and includes a direct link to the Photographer’s website or credit to the Photographer. The Client may edit/alter photographs and use as laid out in the rest of this agreement provided the buyer both notes that the photographs have been altered *and* includes a direct link to the Photographer’s website or credit to the Photographer.
The Buyer shall not resell, sub-license, or redistribute the photographs except as provided for in this Agreement. The Buyer shall not use the photographs in a commercial manner to earn money, for marketing or advertising purposes, or in a trademark, except as provided for in this Agreement. The Buyer shall not use the photographs in an obscene, defamatory or immoral way. The Buyer shall not use, and shall not allow to be used, the photographs for any purposes prohibited by the laws of the United States. The Buyer shall not allow others to use the photographs and shall not use the photographs in a way that allows others to download or redistribute the photographs except in accordance with this Agreement. The Seller warrants that the Seller is entitled to grant the use of the photographs described in this Agreement, and that this Agreement does not infringe the rights of third parties.
The photographs are provided “as is” to the Buyer. The Seller, and its officers, employees, agents and suppliers, do not provide any warranty, whether express or implied, as to the photographs.
The Photographer will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Client’s use of the photograph/s . The Client agrees to defend, indemnify and hold harmless the Photographer and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorized use of the photographs by the Client, or its officers, employees, agents or suppliers, or the Client’s breach of this Agreement.
This Agreement will continue indefinitely unless it is otherwise terminated for any of the reasons set out in this Agreement. This Agreement shall terminate immediately upon the failure of the Client to comply with the terms and conditions herein. The Photographer reserves the right to discontinue the license and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Client’s unauthorized use of the photographs. Upon termination of this Agreement, the Client shall discontinue the use of the photographs , and shall destroy all copies and archives of the photographs .
The Photographer retains all intellectual property rights in the photographs , including the sole copyright to the photographs . Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Photographer’s intellectual property rights or affect ownership by the Photographer of intellectual property rights with regard to the photograph/s . Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of federal copyright law or international copyright agreements. The Client shall not falsely represent that they are the original creator of the photographs.
In order to purchase a license for the photograph/s, the Client must be in compliance with applicable export laws. The Client shall not ship, transfer or export the photographs to any country in a manner prohibited by the laws of the United States or use it in any manner prohibited by the laws of the United States.
If there is a conflict between any provision of this Agreement and the applicable legislation of the United States (the “Act”), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement. If any terms or provisions of this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
This Agreement will be governed by and construed in accordance with the laws of the United States, without regard to the jurisdiction in which any action may be instituted. The Client agrees to submit to the jurisdiction of the courts of Pennsylvania to bring any action or for the enforcement of this Agreement. Notwithstanding, the Photographer reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
The Client may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Photographer, and any attempted assignment or delegation without such consent will be void. The Agreement will inure to the benefit and be binding upon the Photographer and the Client and their respective successors and assigns.
This Agreement constitutes the entire agreement between the Photographer and the Client with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise. The provisions contained in this Agreement cannot be changed except by the written consent of both Parties.
If any dispute relating to this Agreement between the Photographer and the Client is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the Parties. Any mediator or arbitrator must be a neutral party acceptable to both the Seller and the Client. The cost of any mediations or arbitrations will be borne by the Client.
Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Except where otherwise stated in this Agreement, all terms employed in this Agreement will have the same definition as set forth in the Uniform Commercial Code in effect in the State of Pennsylvania on the date of execution of this Agreement. all payments required to be paid under this Agreement will be paid in USD unless the Parties agree otherwise in writing.
If interested in a commercial license, please contact us to establish new pricing and terms.
