**Terms of Service and Commercial Use Agreement when purchasing**

**Effective Date:** 12.12.2024

This Commercial Use Agreement ("Agreement") governs the terms and conditions for the use of any photo package or individual photo purchased for commercial use ("Photos") provided by [Thomas Art] ("Licensor"). By purchasing or using the Photos for commercial purposes, the purchaser ("Licensee") agrees to comply with the terms outlined below.

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 **1. Grant of License**

Licensor grants the Licensee a non-exclusive, non-transferable, and revocable license to use the Photos for the approved commercial purposes as specified in this Agreement.

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 **2. Approved Commercial Uses**

The Photos may be used for the following purposes:

- Marketing and advertising materials (e.g., brochures, flyers, social media campaigns, websites).
- Merchandise or products for resale (e.g., mugs, t-shirts, prints).
- Digital media, such as YouTube videos, blogs, or online publications.
- Editorial use in magazines, books, or newspapers.

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 **3. Prohibited Uses**

Licensee is expressly prohibited from:

- Reselling, redistributing, or sublicensing the Photos in their original form.
- Using the Photos in any manner that is defamatory, obscene, or illegal.
- Claiming ownership or copyright over the Photos.
- Using the Photos in any manner that implies endorsement by the Licensor without prior written consent.

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**4. License Fees**

The Licensee agrees to pay the applicable fees for the commercial use of the Photos as outlined on Licensor’s website or invoice. All fees are non-refundable except as specified in the Refund Policy.

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 **5. Copyright and Ownership**

All rights, titles, and interests in and to the Photos remain with the Licensor. This Agreement does not transfer ownership of the Photos to the Licensee.

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 **6. Attribution**

Attribution is not required for commercial use unless explicitly agreed otherwise. However, attribution is appreciated when feasible (e.g., "Photo by Thomas Art").

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 **7. Indemnification**

The Licensee agrees to indemnify, defend, and hold harmless the Licensor from any claims, damages, or liabilities arising out of the Licensee’s use of the Photos, including but not limited to improper use or violation of this Agreement.

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**8. Limitation of Liability**

Licensor shall not be liable for any indirect, incidental, or consequential damages arising out of the use of the Photos. The Licensee accepts the Photos "as-is" and acknowledges that Licensor makes no warranties, expressed or implied, regarding the Photos’ quality, suitability, or fitness for any particular purpose.

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 **9. Termination**

Licensor reserves the right to terminate this Agreement immediately if the Licensee breaches any terms. Upon termination, the Licensee must cease all use of the Photos. The Licensor reserves the right to revoke or cancel the Licensee's commercial use license at any time, for any reason, including but not limited to breach of terms, misuse of Photos, or at the sole discretion of the Licensor. Upon revocation, the Licensee must immediately cease all use of the Photos and remove them from any ongoing or published projects. The Licensee will not be entitled to any refund in such cases unless otherwise determined by the Licensor.

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 **10. Refund Policy**

 **Non-Commercial Use Purchases**
Refunds are not available for non-commercial use purchases under any circumstances.

 **Commercial Use Purchases**
- Licensees may request a refund within 24 hours of purchase for commercial use licenses. Refund requests must be made by contacting Licensor directly via email at [Thomas@thomasart.no].
- The Licensor reserves the right to approve or deny refund requests at their sole discretion.
- Approved refunds will be issued in full, excluding any transaction or processing fees incurred during the purchase.

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 **11. Governing Law**

This Agreement shall be governed by and construed in accordance with the laws of Norway.

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**12. Entire Agreement**

This Agreement constitutes the entire agreement between the Licensor and the Licensee and supersedes all prior agreements, understandings, or representations.

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**13. Contact Information**

For any questions or concerns about this Agreement, please contact:
Thomas Gaasø Thomas Art\
Email: [Thomas@thomasart.no](mailto:Thomas@thomasart.no)\
Website: Thomasart.no

**By purchasing or using the Photos for commercial purposes, the Licensee acknowledges that they have read, understood, and agreed to the terms of this Agreement.**