Terms of service
Photography Sale and Personal Use Agreement
This Agreement (“Agreement”) is made in 2025, by and between:
Photographer: Tandem Pixel, LLC/Robert Beck (Email: tandempixel@gmail.com)
and
Buyer
Together referred to as “the Parties.”
1. Sale and License
1.1 The Photographer hereby sells digital files, original positives/negatives or printed copies of the photograph(s) listed in the shopping cart to the Buyer. A hard copy of this agreement will be sent to the Buyer along with the Buyer's purchase list and purchased items.
1.2 The sale grants the Buyer a non-exclusive, non-transferable, personal-use license to use the Photographs, subject to the terms of this Agreement.
1.3 The Photographer retains all copyright and intellectual property rights in the Photographs. No ownership of copyright is transferred.
2. Permitted Uses
The Buyer may:
- Display the Photographs in their home, office, or personal online accounts (e.g., social media), provided the use is non-commercial.
3. Prohibited Uses
The Buyer may not, under any circumstances:
- Use the Photographs for any commercial, advertising, or promotional purpose.
- Sell, license, sublicense, or distribute the Photographs to any third party.
- Edit, alter, or manipulate the Photographs in a way that misrepresents the Photographer’swork.
- Claim authorship or ownership of the Photographs.
- Upload the Photographs to any stock image site, AI dataset, print-on-demand service, or similar platform.
4. Attribution
When displaying the Photographs online, the Buyer agrees to credit the Photographer as follows (where feasible): “Photo by Robert Beck”
5. Term and Termination
5.1 This license is perpetual unless terminated under this section.
5.2 The Photographer may terminate this Agreement immediately if the Buyer breaches any of its terms.
5.3 Upon termination, the Buyer must cease all use of the Photographs and delete or destroy all copies in their possession. Any original pieces of film (positives or negatives) would be returned to Robert Beck/Tandem Pixel, LLC.
6. Penalties for Breach
6.1 Disgorgement of Profits: If the Buyer breaches this Agreement, the Buyer shall pay the Photographer all profits, revenues, or other benefits obtained, directly or indirectly, from the unauthorized use of the Photographs.
6.2 Treble Damages: In addition to disgorgement, the Buyer agrees to pay liquidated damages equal to three (3) times the amount of any actual damages or the fair market value of a proper commercial license, whichever is greater.
6.3 Injunctive Relief: The Photographer shall be entitled to seek immediate injunctive or equitable relief to prevent further misuse, without the necessity of posting a bond.
6.4 Recovery of Costs: The Buyer shall reimburse the Photographer for all reasonable attorney’s fees, court costs, and enforcement expenses incurred in connection with any breach of this Agreement.
7. No Warranty
The Photographs are provided “as is.” The Photographer makes no warranties, express or implied, including fitness for a particular purpose.
8. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. The Parties agree that the exclusive venue and jurisdiction for any dispute arising under or in connection with this Agreement shall be the state or federal courts located in Orange County, California. The Buyer consents to personal jurisdiction in those courts and waives any objection to venue or forum non conveniens.
9. Entire Agreement
This Agreement constitutes the entire understanding between the Parties and supersedes any prior communications or agreements regarding the Photographs.