Licensing Terms

Effective Date: May 22, 2026

These Licensing Terms govern the permitted and prohibited uses of all photographic images and digital files created by and purchased from Photography by Tracy Ellington ("Licensor").

By purchasing or downloading any image or digital product, you ("Licensee") agree to be bound by these terms.

A license is not a transfer of copyright. Tracy Ellington retains full copyright ownership of all images at all times. You are purchasing a limited right to use the image(s) under the terms defined below.

Types of Licenses

Personal Use License

A Personal Use License is the default license included with all standard digital downloads unless otherwise specified at the time of purchase.

Permitted Uses

• Printing images for personal, non-commercial display in your home or private space.
• Sharing images on your personal, non-monetized social media accounts, with credit given to Photography by Tracy Ellington.
• Using images in personal, non-commercial projects such as scrapbooks, personal gifts, or memory books.
• Saving and archiving images for personal records.

Prohibited Uses (Personal License)

• Any commercial use of any kind, including advertising, marketing, product promotion, or monetized content.
• Selling, sublicensing, or transferring the image to any third party.
• Publishing the image in books, magazines, newspapers, or other print or digital publications for public distribution.
• Using the image on merchandise for sale (e.g., mugs, t-shirts, phone cases, prints sold to others).
• Using the image on business websites, business social media profiles, or promotional materials.
• Submitting images to stock photo platforms or libraries.
• Modifying, cropping, filtering, or altering images in ways that materially change their content without written approval.

Commercial Use License

A Commercial Use License must be purchased separately and is required for any business or revenue-generating use of an image.

Commercial licenses are priced based on the intended use, distribution scope, and duration. Please contact us for a custom quote before any commercial use.

A Commercial Use License may permit the following (subject to specific license agreement):

• Use in advertising campaigns (digital, print, or broadcast).
• Use on business websites, landing pages, or online storefronts.
• Use in marketing materials, brochures, or presentations.
• Use in editorial content (magazines, blogs, news publications).
• Use on merchandise or products for resale, subject to negotiated terms.

Prohibited Uses (Even with Commercial License, unless explicitly negotiated in writing)

• Reselling or sub-licensing the image to another party for their own independent commercial use.
• Using the image in a manner that implies endorsement by Tracy Ellington of a product, service, or organization without prior written consent.
• Using the image in connection with illegal, hateful, discriminatory, defamatory, or adult content.
• Registering a copyright claim on the image or derivative work.

If you are unsure whether your intended use requires a Commercial License, please contact us before purchasing.

Using a Personal License for commercial purposes is a copyright violation.

Extended & Custom Licenses

For uses not covered by the Personal or standard Commercial license (such as national advertising campaigns, film or broadcast use, or large-scale merchandise), a custom license agreement is required.

Please reach out to discuss your specific needs and obtain a written license agreement.

License Restrictions — All Licenses

The following restrictions apply to ALL licenses, personal or commercial, unless explicitly waived in a written agreement signed by Tracy Ellington:

• No Transfer: Licenses are non-transferable. You may not assign, resell, gift, or sublicense the image to any other individual or entity.
• No Ownership Claim: You may not claim copyright, authorship, or ownership of any image.
• No Watermark Removal: You may not remove, alter, crop, or obscure any watermark, copyright notice, or embedded metadata.
• No Altering Identity: You may not alter the image to misrepresent its subject, context, or origin.
• No AI Training: Images may not be used to train, fine-tune, or build artificial intelligence or machine learning models of any kind.
• No Defamatory Use: Images may not be used in a way that is defamatory, deceptive, obscene, or that portrays any individual in a false or harmful light.
• Single Entity Use: Each license is granted to a single named individual or business entity. Use by multiple parties under a single license purchase is not permitted.

Credit & Attribution

For personal use on social media and any publicly shared digital content, you agree to credit Photography by Tracy Ellington wherever reasonably possible using one of the following formats:

• Photo credit: @TracyEllingtonHandle or © Photography by Tracy Ellington
• Tag: @TracyEllingtonSocialHandle where the platform allows.

Commercial clients are encouraged to include attribution where appropriate, and the specific requirements will be outlined in the commercial license agreement.

Duration & Territory

• Personal Use Licenses are granted for personal use with no specified expiration date, provided all terms are continuously complied with.
• Commercial Use Licenses will specify a license term (e.g., 1 year, perpetual) and territory (e.g., worldwide, U.S. only) in the written license agreement.

Any breach of these Licensing Terms automatically terminates your license, and you must immediately cease all use of the image(s).

Model & Property Releases

Images sold by Photography by Tracy Ellington may depict identifiable individuals or private property.

The inclusion of a model release or property release, if applicable, will be disclosed at the time of purchase or in the individual license agreement.

It is the Licensee’s responsibility to ensure the intended use complies with all applicable laws regarding the depiction of individuals and private property, particularly for commercial uses.

Enforcement & Infringement

Tracy Ellington actively monitors the use of her photographic work. Unauthorized use of any image — including use beyond the scope of your purchased license — constitutes copyright infringement.

Copyright infringement may result in:

• A demand for immediate cessation and removal of the image.
• An invoice for retroactive licensing fees.
• Legal action under the U.S. Copyright Act, including statutory damages of up to $150,000 per work infringed (for willful infringement) plus attorney fees.

We encourage you to reach out to resolve any licensing questions before using an image in an uncertain context.

It is always easier — and far less costly — to obtain the proper license in advance.

Governing Law

These Licensing Terms are governed by the laws of the United States and the State of [Your State].

Any disputes arising under these terms shall be subject to the jurisdiction of the courts of [Your County, State], or resolved through binding arbitration as described in the Terms & Conditions.

Questions & License Requests

To inquire about a Commercial or Custom License, or if you have questions about permitted uses, please contact:

Photography by Tracy Ellington
Website: photographybytracyellington.com
Email: PhotosbyTracyEllington@gmail.com