Download, Print, & Usage Terms

By downloading, accessing, printing, sharing, or using photographs in any way provided by Mark Kelly Photography, you agree to the following terms.

1. Client Use Only

Photographs are licensed for use by the individual, family, business, organization, or client who received, commissioned, or purchased the images. Use is limited to the purpose agreed to at the time of booking, purchase, delivery, or licensing.

For individual clients, this may include personal printing, personal display, sharing with friends and family, and personal social media use.

For commercial clients, this may include approved business, marketing, promotional, internal, editorial, or brand use, only as outlined in the applicable estimate, invoice, agreement, gallery, or written permission.

2. Third-Party Use

Photographs shall not be transferred, assigned, sold, gifted, sublicensed, distributed, published, or made available for use by any third party without prior written consent from Mark Kelly Photography. This includes, but is not limited to: Vendors, Sponsors, Employers, Partner organizations, Media outlets, Advertising agencies, Designers, Contractors, Affiliates, Other businesses, brands, or organizations.

A third party must obtain separate written permission or licensing before using the photographs.

3. Unauthorized Commercial Use

Photographs may not be used for commercial, promotional, advertising, editorial, fundraising, product, resale, publication, or brand purposes unless that use has been specifically authorized by the photographer in writing.

Commercial clients may only use the photographs within the scope of the license or agreement provided.

Individual clients may not allow businesses, publications, vendors, venues, sponsors, employers, or other third parties to use the photographs without written consent.

4. Editorial, Publication Use and Credit

Use in newspapers, magazines, blogs, websites, reports, books, media releases, articles, or other publications requires prior written permission unless that use has already been included in the client’s written agreement or license. Photo credit is appreciated for personal social media use. For editorial, publication, media, or commercial use, credit is required unless otherwise agreed in writing.

5. Social Media Use and Credit

Individual clients may share photographs on personal social media accounts, provided the images are not used for paid promotion, advertising, business branding, or third-party promotion.

Commercial clients may share photographs on approved business or organizational social media accounts if social media use is included in their license or written agreement. Photo credit should be provided by tagging or linking to Mark Kelly Photography.

6. No Alterations

Photographs are delivered as final professional works and may not be altered, edited, cropped in a way that changes the meaning of the image, filtered, AI-modified, or otherwise manipulated without written permission. Basic resizing for normal display, web use, or social media formatting is permitted, provided the image is not distorted, misrepresented, or materially changed.

7. Intellectual Property Rights

All photographs remain the intellectual property and copyright of Mark Kelly Photography. Downloading, purchasing, receiving, printing, or using the photographs does not transfer copyright ownership. Clients receive limited usage rights only.

8. Printing and Personal Display

Individual clients may print photographs for personal display, gifts to friends and family, and private use. Commercial clients may print photographs only for approved business use within the scope of their agreement or license. Prints may not be resold, commercially distributed, or used for third-party promotion without written consent.

9. Artificial Intelligence (AI) Training and Data Use

Photographs may not be used for AI training, machine learning datasets, generative AI systems, facial recognition databases, scraping, biometric analysis, or similar technologies without prior written consent.

10. Misuse and Unauthorized Use

Unauthorized use may result in additional licensing fees, removal requests, legal action, or other remedies available under Canadian copyright law and applicable Yukon law.

11. Limitation of Liability

Mark Kelly Photography is not liable for damages, losses, claims, or disputes arising from the unauthorized use, misuse, alteration, or third-party distribution of the photographs.

12. Order of Priority

If a separate estimate, invoice, contract, license, gallery notice, or written agreement provides more specific usage terms, those specific terms apply in addition to these general terms. If there is a conflict, the more specific written agreement will govern.

13. Jurisdiction

These terms are governed by the laws of Yukon, Canada. Any disputes will be resolved in accordance with those laws.

14. Agreement

By downloading, accessing, printing, sharing, or using the photographs, you acknowledge and agree to these terms.

15. Contact

For questions about commercial use, editorial use, publication, licensing, third-party permissions, or extended usage, please contact: Mark Kelly Photography at:
www.markkellyphoto.com/get-in-touch

These terms are available as a downloadable pdf by clicking here.