This is a license agreement between you and ProStock Images that explains how you can use photos, illustrations and vectors that you license from ProStock Images. By downloading content from ProStock Images, you accept the terms of this agreement.
1. Licenses offered by ProStock Images
Every file downloaded from ProStock Images comes with a standard license. Your use of content is subject to the standard license terms. You can license files from ProStock Images with credits. ProStock Images offers you the ability to purchase credits in preset packs and via individual quantities to be used to download photo, illustration and vector (as defined below) files. The more credits you purchase, the more you save. You are welcome to use watermarked content from the ProStock Images site on a complimentary basis for test or sample layout (composite) use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.2. Use of licensed content
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by ProStock Images are:- Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. ProStock Images can license the same content to other customers.
- Worldwide, meaning content can be used in any geographic territory.
- Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
3. Restricted Uses
a. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes. b. No Commercial Use of “Editorial Use Only” Content. You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article). c. 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). d. No Use in Trademark or Logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third-party use of the content or any similar content (including by us, our customers, or the copyright owner of such content). e. Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “ProStock Images photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner. f. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.Restricted Usesa. No Products for Resale. 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), DVDs, mobile applications, NFTs 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 zazzle.com and cafepress.com). b. No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates) c. Limited print run. You may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction. d. No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized by ProStock Images you may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons. Additionally, ProStock Images does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
4. Right to 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.
5. Seat & user license restrictions
If you licensed the content with credits, this means that you may share content within your single legal entity but the content may only be available to one person at any one time.6. User Accounts
You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify ProStock Images immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. ProStock Images reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If ProStock Images determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.7. Intellectual property rights
- Who owns the content?
- Attribution.
8. Termination/Cancellation/Withdrawal.
a. Termination. This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. You must also sign-in to your account at least once per year to avoid expiration of credits. ProStock Images may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to ProStock Images in writing that you have complied with these requirements.- Social Media Termination. If you use the content on a social media platform or other third-party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
- Credit Refunds – Refunds for credit purchases can be made within 14 days of your invoice date, provided that you have not used any credits from the particular purchase.
- File Download Refunds – ProStock Images does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of ProStock Images