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Licensing Options

Hi there,

I want to make sure you can use the image you are looking for without any hassles and in order to do that I have to offer you some licensing options. There are three different ways to license a photo you are buying from Grimmace Pistacio; Personal Use, Editorial, and Commercial.

Editorial use: Photo is used primarily for journalistic or educational purposes. Images featuring people and things not licensed for commercial use can be used in newspapers, magazines (print and online), as well as text books and educational blogs.

Commercial use: photograph is used to sell or promote a product, service, or idea. Advertising, marketing, and promotional activities all fall into this category.

Personal use: Photograph can be used on your own blog or website as long as there is a link back to this site.

In general here are some basic conditions regardless of the license you are going to go with:

No Unlawful Use.  You may not use content in a pornographic, defamatory or other unlawful manner.

No Commercial Use of “Editorial Use Only” Content.  You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).

No Standalone File Use.  You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

No Use in Trademark or Logo.  You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

No Products for Resale.  Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value  lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), CDs, DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as and

Who, besides me, can use the licensed content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:

  • Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
  • Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

Intellectual property rights.

  • Who owns the content?
    All of the licensed content is owned by Timothy Eberly who supplied the content. All rights not expressly granted in this agreement are reserved by Timothy Eberly.
  • Attribution.
    • Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in audio/visual production credits: “ Eberly.”

All sales are final: I am sorry but we can offer refunds or exchanges as this point in time.



This Agreement grants you the right to:

  1. Incorporate Content on websites (including Social Media Platforms, as such term is defined herein), provided that no Content is: i) displayed at a resolution greater than the display resolution of the intended viewing device; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images and/or footage;
  2. Use Content in coordination with opt-in email marketing. However, Content cannot be used in connection with unsolicited email or linked to from unsolicited email;
  3. Incorporate Content into software (including mobile “apps”) as background images or splash screens, provided that the primary purpose of the software is not the display of Content and further provided that Content or any digital files containing the Content cannot be unincorporated from the software;
  4. Incorporate Content into film, video, multimedia presentations, or advertising for broadcast, public performance, or sale provided that: (i) the distribution is fewer than two hundred fifty thousand (250,000) copies; or (ii) the intended audience (excluding video distributed solely on the internet at no cost to viewers) consists of fewer than two hundred fifty thousand (250,000) viewers, in the aggregate;
  5. Use Content in eBooks, including multi seat license electronic textbooks, provided that the sales or distribution of any such eBook does not exceed two hundred fifty thousand (250,000) copies in the aggregate;

Thank you for sharing!