Image license agreement
The following is a legal agreement between You and the owners of stockfresh.com ("Website"), Stockfresh.com Kft. ("Stockfresh", "We", "Us") which governs the use of non-watermarked images ("Images") downloaded from our Website. By downloading an Image You agree to be bound by the terms of this Agreement.
April 25, 2012 - More detailed list of permitted uses
July 25, 2012 - Extended licenses added
Apr 24, 2014 - Minor clarifications
Jun 6, 2014 - Website size limit raised
1. Grant of rights
All Images on the Website are copyrighted and are the property of Stockfresh or its image providers ("Contributors"). The Images are protected by international copyright laws, international treaty provisions and other applicable laws and they may not be copied or reproduced in any manner. Your rights to use the downloaded Image are subject to this Agreement. We hereby grant to You a perpetual, non-exclusive, non-transferable, single-seat license to use the Image on the terms and conditions explained in this Agreement.
You acknowledge that by purchasing an Image the ownership of the Image does NOT get transferred to You. You also agree that you may not sell, rent, give, sublicense or otherwise transfer the Image or the right to use the Image to anyone. You may however, transfer Images to a third party for the sole purpose of producing or manufacturing the goods containing the Image or to enable its display or publication, provided that such third parties also abide by the rules of this agreement. The end user of the work you create with the Image must be yourself, your employer or your client.
2. Standard license — Allowed uses
With a Standard license YOU MAY USE the Image the following ways in its original form or as a part of a derivative work:
- On websites, blogs, advertising banners, newsletters and opt-in e-mail marketing (at a maximum resolution of 1600 x 1200 pixels if there are no substantial changes to the Image).
- As part of editorial or advertising copy in magazines, newspapers, books, e-books or similar publications (including covers).
- In marketing material such as brochures, catalogs, pamphlets, flyers, posters, billboards etc.
- On product packaging and cover art for CDs, DVDs, Blu-ray discs and other media.
- In multimedia presentations, digital displays, software applications and video games.
- In film footage created for movie theatres, TV or internet broadcast.
- Along with your corporate identity on business cards, letterhead, stationery and other promotional products not for resale.
- To decorate your home, office or venue.
- To create printed or hand painted reproductions and posters (personal, non-commercial use only).
- As digital wallpapers for your computer or mobile device (personal, non-commercial use only).
3. Standard license — Prohibited uses
With a Standard license YOU MAY NOT USE the Image in the following ways, unless you have obtained an Extended license for the Image which expressly permits that particular use:
- In digital items you intend to sell or distribute, such as website and document templates, wallpapers, screensavers and e-cards, regardless of size.
- In software applications and video games where the Image isn't just for decoration or navigation but the value of the product comes from the Image itself.
- On mass produced, "print on demand" items such as t-shirts, postcards, mouse pads, coffee mugs, calendars, posters (e.g. on sites like Cafepress) where the value of the product comes from the Image itself.
- For creating printed or painted reproductions that You intend to sell. (Personal, non-commercial and decorative use is OK.)
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
- For adult entertainment clubs, adult dating sites, escort services and similar.
- In tobacco / pharmaceutical ads and political endorsements.
- In a way that would make people assume that the person(s) depicted on the Image is/are endorsing a certain product or a service.
- In a way that could give a bad name to either Stockfresh or the person(s) depicted on the Image, including illustrating sensitive social issues such as health, crime, sexual preference, drug abuse or similar issues.
- As part of a business name, trademark, service mark or logo - unless the Image is intended that way.
- In digital format on a website at a resolution greater than 1600 x 1200 pixels.
- In any print project where the number of copies would exceed 250,000.
- DO NOT STOCKPILE IMAGES OBTAINED THROUGH A SUBSCRIPTION PLAN FOR FUTURE USE! Images must be put to use in a project within 3 months after the expiration of the subscription under which they were downloaded. Unused images must be deleted.
- SELLING AND REDISTRIBUTION OF IMAGES (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGES WITH OTHERS!
4. Extended licenses
By obtaining one or more Extended licenses for an Image, YOU MAY ALSO do the following (all other restrictions from Section 3. still apply):
- E1: Multi-seat license (Unlimited)
With this license you may share the image with any number of people within your organization.
- E2: Physical items for resale (Limited)
By obtaining this license you may use the Image on items for resale such as t-shirts, postcards, mouse pads, coffee mugs, calendars or similar, even if they contain the Image in a dominant way. You may print up to 10,000 items of each category. If you exceed that amount, you must purchase this license again. All other restrictions from the Prohibited uses section of the Standard license terms still apply.
- E3: Digital items for resale (Unlimited)
By obtaining this license you may use the Image in website templates, document templates, wallpapers, screensavers, e-cards or similar products with no limitations regarding the number of copies. All other restrictions from the Prohibited uses section of the Standard license terms still apply.
- E4: Extended print license (Unlimited)
The Standard license maximizes the number of printed copies at 250,000. By obtaining this license you may use the Image in an unlimited number of printed copies. All other restrictions from the Prohibited uses section of the Standard license terms still apply, for example this license does not allow you to use the Image for creating printed reproductions or physical items for resale.
5. Additional information on rights
Stockfresh requires written model and property releases for each Image where deemed necessary, however We do not represent or make warranties whatsoever as to the legality or validity of any release associated with an Image. Certain Images may also be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Stockfresh does not represent or make any warranties that it owns any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.
6. Credit lines
When the Image is used in an editorial context or in media where the publishing of credit lines is the norm, Stockfresh requires credit in the following form: ©Photographer / Stockfresh. You may also provide a link back if applicable.
This Agreement is automatically terminated without notice if You fail to comply with any of its provisions. If you wish to terminate the Agreement Yourself, destroy the Image and all of its copies. Terminating the Agreement does not affect payment obligations.
You agree to indemnify, defend, and hold harmless Stockfresh and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.
9. Warranty and Liability
THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STOCKFRESH DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
STOCKFRESH SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.