Terms of Service

Millpond Photography Image License & Terms of Use

These Image License & Terms of Use apply to all photographs and other visual media created and delivered by Millpond Photography ("Millpond") unless different terms have been agreed to in writing.

By downloading, accessing, publishing, distributing, or otherwise using images delivered by Millpond Photography, the Client agrees to the following terms.

1. Copyright

All photographs and images created by Millpond Photography are protected by copyright and remain the intellectual property of Millpond Photography.

Payment for photography services or receipt of digital image files does not constitute a sale or transfer of copyright.

Except for the specific rights granted below, Millpond Photography retains all copyrights and all other rights in the images.

2. Who Is Licensed to Use the Images

The person or business identified as the Client on the applicable invoice, proposal, or booking is the sole licensed party ("Licensee") for the images delivered for that project.

Upon payment in full, Millpond Photography grants the Licensee a non-exclusive, non-transferable, and non-sublicensable license to use the delivered images for the Licensee's own business, property, project, marketing, and promotional purposes as described below.

This license belongs only to the Licensee. It does not extend to other individuals or businesses involved with the photographed project.

3. Permitted Uses

Unless otherwise agreed in writing, the Licensee may use the delivered images for its own:

Website
Social media accounts
Digital and printed marketing materials
Advertising and promotional materials
Business portfolio
Presentations and proposals
Email marketing
Property or project promotion
Real estate, rental, hospitality, or property-listing platforms when applicable
Internal business communications

The Licensee may crop or resize images as reasonably necessary for these uses, provided the overall character and integrity of the photograph are not materially altered.

Employees or marketing professionals working directly on behalf of the Licensee may handle the image files solely for the purpose of producing materials for the Licensee. This does not grant those individuals or businesses any independent right to use the photographs for their own advertising, portfolio, website, social media, or other purposes.

4. Third-Party Use Is Not Included

The Licensee may not give, sell, transfer, sublicense, distribute, or otherwise provide the photographs or gallery access to another person or business for that party's own use.

This includes, but is not limited to:

Architects
Interior designers
Builders and general contractors
Subcontractors
Developers
Property owners or property managers
Real estate agents or brokers
Home stagers
Landscape designers
Vendors
Manufacturers
Suppliers
Furniture, fixture, or material companies
Consultants
Hospitality partners
Publications or media organizations
Advertising agencies
Parent, subsidiary, affiliated, or partner companies
Any other business or individual involved with or benefiting from the photographed project

Participation in, ownership of, design of, construction of, furnishing of, supplying materials to, or otherwise contributing to the photographed project does not grant that party rights to use Millpond Photography's images.

Each business or individual wishing to use the photographs for its own marketing, advertising, portfolio, social media, website, publication, or other purposes must obtain its own license directly from Millpond Photography.

5. Gallery Sharing

Client galleries are provided for the Licensee's access and convenience.

The Licensee may share a gallery internally with employees or representatives who are working specifically on the Licensee's behalf, but gallery links, download PINs, passwords, original files, or downloaded photographs may not be provided to third parties for their independent use.

If another project participant would like access to or use of the photographs, please direct them to Millpond Photography. Additional licensing can be arranged directly with that party.

6. Social Media Sharing

The Licensee may publish the photographs through its own social media accounts in accordance with this license.

Other users may use the social media platform's ordinary built-in sharing or reposting features to share the Licensee's original public post. Such sharing does not grant that user a license to download the photograph, upload it as their own post, use it in advertising, place it on their website, add it to their portfolio, or otherwise use the image independently.

Downloading an image from the Licensee's social media account and republishing it elsewhere is not permitted without a separate license from Millpond Photography.

7. No Resale or Redistribution

Images may not be:

Resold
Offered for sale
Licensed to another party
Added to a stock photography library
Distributed as free marketing assets
Included in another company's media library
Provided to vendors or project partners for their marketing
Used to create products for resale
Used to train artificial intelligence or machine-learning systems
Used to create generative-AI derivatives

unless expressly authorized in writing by Millpond Photography.

8. Editing and Alteration

Images may be reasonably cropped or resized for layout purposes.

Images may not be substantially altered, recolored, filtered, retouched, composited, manipulated, or modified using artificial intelligence in a manner that materially changes the appearance or intent of the original photograph without written permission from Millpond Photography.

Copyright information, metadata, watermarks, or identifying information may not be intentionally removed for the purpose of concealing authorship or ownership.

9. Payment and License Activation

No image-use license is granted until all applicable photography and licensing fees have been paid in full.

Delivery of a gallery, preview, proof, or image file before payment does not grant permission for publication or commercial use unless Millpond Photography has expressly authorized such use in writing.

10. Additional Licensing

If an architect, builder, designer, contractor, property owner, manufacturer, vendor, publication, or other third party would like to use photographs from a Millpond Photography project, additional licensing is available.

Third parties should contact Millpond Photography directly before downloading, receiving, publishing, or otherwise using the photographs.

The original Client is not authorized to grant permission on Millpond Photography's behalf.

11. Unauthorized Use

Any use of the photographs outside the rights granted by this license is unauthorized.

Unauthorized possession of an image file does not create a license or permission to use the image.

Millpond Photography reserves all rights and remedies available under applicable copyright and other law with respect to unauthorized reproduction, distribution, publication, alteration, or other use of its photographs.

Where appropriate, Millpond Photography may offer the unauthorized user an opportunity to obtain a retroactive or additional license.

12. Photographer's Rights

Unless otherwise agreed in writing, Millpond Photography retains copyright and all rights not expressly licensed to the Client.

Subject to any separate confidentiality, privacy, property-release, or other written agreement applicable to the project, Millpond Photography may use its photographs for its own portfolio, website, social media, advertising, marketing, publications, competitions, educational materials, and other promotional purposes.

13. Changes to the License

Any expansion, transfer, sublicense, or modification of these licensing rights must be authorized in writing by Millpond Photography.

Permission from the Client, property owner, architect, designer, builder, or another project participant does not constitute permission from Millpond Photography.

For additional usage or licensing inquiries, please contact Millpond Photography directly.