Our Content License Agreement outlines the available licenses, rights and ownership details, and the permitted uses of each license. If you have any questions about these terms, please contact [email protected].
- Ownership and Limited Transfer
Stocksy artists retain all rights in and to their Content, including copyright, title, and all other intellectual property rights. Stocksy asks that you consider properly embedding or limiting the size of Content used online as a best practice to protect the artist’s copyright. The Client agrees that, except for the rights expressly granted by Stocksy under this Agreement, no rights in and to any Content are granted to the Client at any time.
Stocksy agrees to a limited transfer of granted rights between a buyer or agency authorized to purchase on behalf of Client or between a Client and a third party, where the third party is integral to the creation of the final Work (for example, a printer, designer, marketing agency, or social media manager), provided those parties agree to the terms of this Agreement. If you have questions about whether an intended transfer falls within this limited right, please contact [email protected].
- Grant of Sublicense
- Standard License
Subject to all terms of this Agreement, Stocksy grants the Client a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, broadcast, or display the Content.
The Standard License requires selection of (1) an asset size or format, and (2) either an individual or team user option.
The Standard License allows use in the following, subject to all restrictions and provisions of this Agreement:
- advertising, editorial, and promotional projects, up to 500,000 hard copies. This includes but is not limited to promotional materials, product packaging, book covers, catalogs, magazines, or newspapers;
- online, electronic, and mobile publications and applications for an unlimited number of impressions. This includes but is not limited to websites, web publications, e-book covers, online album or playlist covers, broadcast media, and mobile application or video game static backgrounds; and
- any social media platform.
- User Options
- Individual: allows for one individual to use Content at a time; or
- Team: allows for unlimited individuals from the same entity to use Content, including use across affiliates or subsidiaries.
- Extended License Options
A Client may purchase an Extended License to expand upon the usage rights granted in the Standard License, subject to all provisions of this Agreement. Extended License options may be stacked to achieve the necessary usage rights.
- Unlimited Print License:
Allows Client to make an unlimited number of hard copies of items described in Section 2(a)(i) above; and unlimited copies of hard copy prints, posters and other reproductions for personal use, but not for business use, resale, license, or other distribution. Purchase of this license includes a complimentary Team upgrade to the Standard License.
- Products for Resale License:
Allows for incorporation of Content or derivatives into products intended for distribution (including free and for-profit products) where Content provides the core value of the product or is made available in an on-demand product. Such products include, but are not limited to, posters, art prints, printed calendars, stationery items, photo books, swag items, apparel, e-cards, screensavers or backgrounds (including mobile), templates (including but not limited to website templates, turn-key websites, pre-formatted emails or newsletters, or blog or CMS themes). Purchase of this license includes a complimentary Team upgrade to the Standard License.
- Market Freeze License:
Allows for exclusive use of the Content for a period of time (a “Market Freeze Period”), beginning at the date of purchase and lasting for the period chosen by the Client at the time of purchase. During the Market Freeze Period Stocksy will not license the Content to any other Client. Use of the Content during a Market Freeze Period will be in accordance with this Agreement. Client acknowledges and agrees that there will be no restriction on the grant of any license or other right to the Content before or after the Market Freeze Period, and previous licensees of the Content will have the right to continue using the Content during the Market Freeze Period. Client may continue non-exclusive use of Content in perpetuity. Purchase of a Market Freeze License of 6 months or more includes a complimentary Team upgrade to the Standard License and the complimentary Unlimited Print and Products for Resale Extended Licenses.
- Sensitive Use License:
Allows for the use of Content in a way that would otherwise be prohibited or restricted under Sections 3(o). This license requires the explicit permission of the photographer and the model(s) in the Content to be licensed and must be negotiated by contacting Stocksy directly at [email protected]. Please allow additional time when purchasing this license, as obtaining the necessary permissions and signatures may cause delays.
- Multi-Seat License:
This license has been updated. Please see the Team User option in Section 2(b)(ii) for multi-user access.
- Restrictions on Use
Without limiting any previously mentioned restrictions, the Client acknowledges and agrees that they will not do any of the following, unless Client has contacted [email protected] and arranged specific terms in writing and signed by both parties:
- sell, sublicense, assign, convey, share, or transfer any Content, in whole or in part, or rights thereto to any person or entity except as expressly permitted under this Agreement; or
- sell or distribute Content or Work containing Content in any way that allows the Content to be extracted, accessed, or downloaded as a stand-alone file; or
- use, reproduce, distribute, or display the Content in a way that is considered by Stocksy or under applicable law, to be considered pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; or
- without the purchase of a Team upgrade to a standard license, allow the Content to be used by more than one user at a time; or
- without the purchase of an Unlimited Print Extended License, use Content in a print run over 500,000 copies; or
- without the purchase of a Products for Resale Extended License, use, reproduce, or distribute the Content in connection with any goods or services intended for resale or distribution where primary value lies in the Content itself; or
- incorporate the Content into a trade, design, or service mark; business name; or logo; or
- make use of any audio that may, in some circumstances, accompany video content; or
- take any action in connection with the Content that violates any law, regulation, or statute in an applicable jurisdiction; or
- use the Content in an editorial manner without the following credit adjacent to the Content in print or in credits for audio/visual productions, including a link to www.stocksy.com where technically feasible: "© [Name of Member] / Stocksy United”; or
- post or share Content in such a way to falsely represent that you are the original creator of the Content or any work made up largely of the Content; or
- use artificial intelligence upscaling tools to increase the file size of downloaded Content; or
- use Content in any way that suggests or implies that any individual in the Content is directly and personally endorsing any product, service, idea, belief or site, including but not limited to attributing quotes to or creating fake online profiles for an individual including promotional or marketing materials (for example, on political materials or dating apps); or
- this restriction on endorsement does not apply to an individual who simply appears in an advertisement alongside a product; and
- this restriction may be waived with inclusion of a conspicuous disclaimer accompanying each use that (i) the Content is being used for illustrative purposes only; and (ii) the person depicted is a model; or
- use any Content that includes an identifiable model in connection with a subject that would be, unduly controversial to a reasonable person or that could have an negative impact on the model (and not otherwise restricted by Section 3(m)), without Client accompanying each use with a conspicuous disclaimer indicating that (i) the Content is being used for illustrative purposes only; and (ii) the person depicted is a model. Disclaimers are most likely required for, but not limited to, medical issues and diagnosis; or
- use any Content that includes an identifiable model in a manner that depicts such individual in a potentially sensitive subject matter; including, but not limited to substance abuse and recovery, sexually transmitted infections, mental health disorders, abuse, abortion, promotion of nicotine or tobacco use, or any implication that the model engages in activity that is immoral or illegal unless a Sensitive Use Extended License has been negotiated and purchased. Clients interested in this license are encouraged to contact [email protected] for detailed information; or
- use, or allow third parties to use, any Content (including any caption information, keywords, or any other metadata associated with any Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, Stocksy does not represent or warrant that consent has been obtained for such uses with respect to model-released Content; or
- use any metadata, including caption information, keywords, accompanying text, or other metadata associated with Content separate and apart from the Content, or allow any third parties to access or use any such information associated with Content; or
- use any Content in connection with an immutable digital asset intended for sale, such as a non-fungible token (NFT).
- Each asset detail page lists the type and number of releases available for that asset.
- Model and property releases are available to clients upon request, but all identifying information will be redacted to protect private information.
- Stocksy does not represent or warrant that any model release includes consent or biometric clearance for any machine learning or related uses.
- Comp License
- A Comp License allows Content to be used for test or sample (composite, or comp) use only and refers to both watermarked and unwatermarked assets. A Comp License is valid for 90 days following the date of download and may not be used in any final or publicly available materials. For full Comp License terms, please contact [email protected].
- There is no guarantee that any Content downloaded under a Comp License will be available for license in the future.
- Any use of Content under a Comp License not in accordance with Comp License terms is on an “as is” basis with no representations, warranties, or indemnities of any kind.
Client is responsible for any and all applicable taxes, customs, or duties imposed by any jurisdiction as a result of any license purchased by Client.
- Payments and Pricing
- Current pricing information may be found HERE.
- Invoice payment terms will be net-30. This includes any Client purchasing on behalf of another entity, regardless of when the end user pays the purchasing Client.
- Failure to pay will be considered a material breach of this Agreement.
- Any invoice paid constitutes a binding agreement with Stocksy.
All refunds or returns must be made in writing, including via email. Provided that the request is made within 30 days and the Content has not been used, Stocksy may issue a full refund to your account or credit card, depending on means of purchase. No credits or refunds are available for requests received more than 30 days from date of purchase, for Market Freeze or Sensitive Use Extended Licenses, or for any plan/agreement that includes non-refundable fees. Upon refund, Client’s rights to use the Content are terminated and Client must delete or destroy any copies of the Content.
- Warranties and Disclaimers
- Subject to all terms and conditions contained in this Agreement, Stocksy represents and warrants that, to the best of its knowledge, the use by the Client of the Content as provided and as authorized in this Agreement will not infringe or violate the intellectual property rights, publicity rights, or privacy rights of any third party.
- Stocksy does not hold licenses for any audio tracks that may, in rare circumstances, accompany video Content. The Client has no rights to use such tracks.
- Except as set forth in this Agreement, the Content is provided “as is” and Stocksy makes no further representations or warranties as to the Content, including as to the accuracy of titles and descriptions.
- Indemnification and Limitations
- Subject to the provisions below, the Client agrees to defend, indemnify, and hold Stocksy and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, employees, members, contractors, owners, agents, representatives, licensors, and (sub)licensees (collectively, “Indemnitees”) harmless from all claims, damages, liabilities and expenses (including reasonable legal fees) arising from:
- the Client’s breach of any warranties or obligations under this Agreement, and
- from any and all uses of the Content by the Client resulting from the Client’s modification of the Content, the combination of the Content with any other work(s), and the context in which the Content is used.
- Subject to the provisions below, Stocksy agrees to defend, indemnify and hold Client and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, and employees harmless from all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from a breach of the representations and warranties set forth above. This section will not apply if the use and/or distribution by the Client of the Content has at any time not been in accordance with the terms and conditions of this Agreement or if the Client is otherwise in breach of this Agreement.
- Each party’s indemnity obligations are conditioned on the indemnified party
- promptly providing the other party with written notice of any claim or threat of a claim;
- giving the indemnifying party control of any defense or settlement, provided that the indemnifying party will not make any settlement that imposes any material obligation on the indemnified party without prior written agreement of the indemnified party.
- cooperating fully with the indemnifying party in the defense of any such claim or matter, including production of all reasonable related information.
- Except for any liability which cannot by law be excluded or limited, in no event will the Indemnitees’ total liability to the Client arising from this Agreement, or the use of any Content licensed hereunder, exceed five hundred thousand dollars ($500,000) regardless of the number or type of claims. The foregoing exclusions and limitations are applicable notwithstanding any failure of essential purpose.
- The foregoing states the entire obligation of Stocksy and the other Indemnitees, and the sole remedy of the Client, with respect to any breach of the representations and warranties above. This indemnity section will survive the termination of this Agreement.
Stocksy has and will maintain industry-standard insurance policies, including coverage for professional media liability and general commercial liability.
Either party may terminate this Agreement at any time and for any reason with 30-days notice. Stocksy may terminate this Agreement at any time without notice if Client fails to comply with any provision of this Agreement.
- Governing Law
By downloading and using Content, Client acknowledges and agrees that this Agreement and all matters related to use of the Site and/or the Content and all actions and disputes arising from or relating to this Agreement will be construed and governed by the laws of the Province of British Columbia and the laws of Canada applicable therein.
If any provision contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect; the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable.
No action by Stocksy, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No action by Client, other than express written waiver approved, in writing, by Stocksy, may be construed as a waiver of any provision of this Agreement.
Stocksy reserves the right to modify these terms as needed from time to time. Unless Stocksy determines a change alters the material understanding of how the Client may use the Content, Stocksy will not be obligated to notify Client of minor changes.
Each party agrees that use of pre-printed forms, including purchase orders, statements of work, or invoices, is for convenience only, and any pre-printed terms and conditions stated thereon, except as set forth in this Agreement or otherwise specifically negotiated in writing, are void and of no effect.
- Entire Agreement
This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of each party. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Client, the terms of this Agreement will govern.
- Affiliate: for a Client, any other entity that controls, is controlled by, or is under common control with that Client;
- Agreement: this Content License Agreement, which governs the licensing and use of any Content available on the Site or otherwise affiliated with Stocksy, and which may only be modified by an agreement in writing and signed by both Stocksy and the Client;
- Asset: any single photograph, video, or other digital media available to license from the Site or through Stocksy directly;
- Asset Detail Page: a page on the Site showing one asset and that asset’s details, including title, description, keywords, presence of any releases, and all other asset-specific material;
- Client: any individual, entity, or agency using the Site to purchase sublicenses for Content;
- Content: a collective term that includes any or all of the individual assets making up the Stocksy collection;
- Editorial: any content used for a non-commercial purpose, such as to provide context or illustrate an idea; often found in newspapers and blogs. All Content from Stocksy may be used editorially;
- License: payment in exchange for limited use of a copyrighted asset;
- Member: an individual who has been accepted as a contributing artist at Stocksy, and who provides Content to the site under Member Agreements. Members, by uploading Content to Stocksy, authorize Stocksy to grant sublicenses to such Content for use by Clients;
- Promotional: not intended for sale, sublicensing, or other form of distribution in exchange for payment;
- Resale/Distribution: the sale or distribution of any item or object that makes use of licensed Content as primary content;
- Royalty Free: a licensing category where a Client pays a one-time fee in order to use the Content any number of times. All of Stocksy’s license options are royalty free. Note that royalty free does not mean use is unrestricted; please see Sections 2 and 3 for details;
- Site: the website found at www.stocksy.com containing Content for license and any affiliated sites;
- Template: any pre-designed format or structure which may be customized by the individual user by replacing generic elements of the format or structure. Templates include but are not limited to turn-key websites, pre-formatted emails or newsletters, mobile app templates, or blog or CMS themes; and
- Work: an original, finished product created by a Client and incorporating the licensed Content along with other materials.