Standard Stock Image License Agreement
IntroductionThis is a legal agreement between you (Client) and Bradley Hunter Caricofe (BHC Images). This agreement applies when the Client purchases stock image content (Licensed Content) from BHC Images. By purchasing, downloading or using Licensed Content provided by BHC Images, the Client agrees to the terms described within this license contract.
License TypesThis Standard Stock Image License Agreement (Standard License) is available only to individuals and companies with less than 500 employees. Businesses employing more 500 people must contact us for an Extended Stock Image License Agreement (Extended License) to purchase Licensed Content.
Licensed Content UsageThis Standard License allows the Client to use royalty-free Licensed Content without expiration, in any international geographic region, for an unlimited number of times. The Client may use licensed content for personal or commercial reasons, in any medium or format, except as outlined in the Restricted Usage section of this agreement.
The Client understands that licensed content is non-exclusive, and may be used by other licensed parties.
The Client’s employees or subcontractors may access and use Licensed Content at the direction of the Client, and only in relation to the Client’s own projects.
Restricted UsageThe Client understands and agrees to the following restrictions on the use of Licensed Content:
- Unlawful Use – The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
- File Storage – The Client will store only 2 copies of any Licensed Content file, and will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
- Pornographic Use – The Client will not use Licensed Content in relation to any pornographic subject matter.
- Sensitive Use Disclaimer – If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
- False Representation – The Client will not falsely represent that they are the original creator of the Licensed Content.
- On-Demand Products – The Client will not use Licensed Content for the creation or production of on-demand or made-to-order products, such as, but not limited to, postcards, mugs, t-shirts, calendars or computer desktop wallpapers.
- The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.
- Logo Usage – The Client will not use Licensed Content as part of a trademark, service mark, business name or logo.
Intellectual Property RightsThe Client understands that BHC Images retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by BHC Images. The Client is granted limited use of the Bradley Hunter Caricofe or BHC Images names for the purpose of attribution.
Termination, Cancellation and WithdrawalBHC Images may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with BHC Images. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by BHC Images, and destroy any stored copies of such data.
Any requests for license cancellations or refunds must be made in writing by sending an email to firstname.lastname@example.org. If the request has been made within 14 days of purchase, and the Licensed Content has not been used, BHC Images may issue a full or partial refund.
BHC Images may discontinue licensing of any Licensed Content, at any time, and for any reason, at its sole discretion. If BHC Images withdraws Licensed Content, and the Client has not used said content for more than one year, BHC Images may issue a full or partial refund.
Representations and WarrantiesBHC Images does not guarantee the accuracy of Licensed Content categories, descriptions, keywords, captions or titles. The Client agrees that all licensed content is provided “as is” without representation, warranty or condition of any kind.
IndemnificationThe Client agrees to indemnify and hold harmless BHC Images from any and all liabilities, damages and expenses stemming from the use of Licensed Content.
General ProvisionsThe Client understands and agrees to the following general provisions of this contract:
- Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of BHC Images. BHC Images reserves the right to assign this agreement to any successor, without notice or consent.
- Licensed Content Audit – The Client agrees to provide BHC Images with samples, photographs or illustrations of Licensed Content in use. BHC Images may audit the Client’s usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse BHC Images for the cost of the audit.
- Governing Law – This agreement will be governed by the laws of the state of Virginia, in the United States of America. The Client agrees to resolve any initial legal disputes in Prince William County, Virginia courts.
- Severability – If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
- Entirety – No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
- Notice – Any notices for BHC Images pertaining to this agreement or Licensed Content should be sent via email to email@example.com. BHC Images will send any such notices to the Client’s email account used when scheduling photography services or purchasing or registering Licensed Content.