The following Terms of Service (“TOS”) is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and Stockerwill (as such term is defined in Section 25 below) and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.
Please revisit this TOS when you purchase any Content licenses. Stockerwill reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Stockerwill will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Stockerwill account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound the TOS as modified.
- “Content” means all content available for license from the Stockerwill website, including Images, Footage, Editorial, and Music (as defined herein.)
- “Footage” means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.
- “Image(s)” means still photographs, vectors, drawings, graphics, and the like.
- “Editorial” means still photographs and footage appearing under the Editorial tab/section.
- “Visual Content” shall refer collectively to Editorial, Images, and Footage.
VISUAL CONTENT LICENSES
- Stockerwill hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
- A STANDARD IMAGE LICENSE grants you the right to use Images:
- As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-section I.a.i.4 below);
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.
- Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
- AN EXTENDED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to EXTENDED Image Licenses):
- In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
- Incorporated as elements of digital templates for sale or distribution.
- FOOTAGE LICENSES
- A FOOTAGE USE LICENSE grants you the right to use Footage:
- in a multi-media production displayed or distributed via the web, on social media, using so-called “Apps”, or as otherwise disseminated in accordance herewith (see restrictions for distribution limitations), provided the audience for such production does not exceed 500,000;
- in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people;
- on websites.
- EDITORIAL LICENSE
- AN EDITORIAL LICENSE grants you the right to make a single, editorial use of an item of Editorial content, which single use may be distributed worldwide, in perpetuity.
- A “single use” for the purposes of this license permits the use of Editorial content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.
- An “editorial use” for the purposes of this license shall be a use made for descriptive purposes in a context that is newsworthy or of human interest and expressly excludes commercial uses such as advertising or merchandising.
- Any use of Editorial Content licensed hereunder is further subject to those express restrictions set forth in Part I, Section 4 (prohibiting any use distributed via broadcast/cable/OTT, on publication covers, and in print runs in excess of 500,000) as well as any “special restrictions” (e.g., geographical or industry-specific usage restrictions) indicated on the image detail page and/or included in the metadata attached to an item of Editorial Content.
- All Editorial content shall be deemed “Editorial Use Only” for the purposes of this TOS.
CREATIVE COMMONS ZERO (CC0) LICENSE
All contents that are covered by the Creative Commons Zero license are marked with “CC0” on the content page. The CC0 license was released by the non-profit organization Creative Commons. You can get more information about Creative Commons and their license on the official license page.
- Use all photos for free for commercial and noncommercial purposes.
- Giving credit to the photographer or Stockerwill is not required but appreciated.
- You can edit and adapt the photos as you like.
- RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
- Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
- Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
- Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
- Modify Visual Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.
- Use Visual Content designated “Editorial Use Only” (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.
- Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
- Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
- Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
- RESTRICTIONS SPECIFIC TO FOOTAGE
- Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- RESTRICTIONS SPECIFIC TO EDITORIAL
- Use any Editorial content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.
- Use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.
- Use any Editorial content in a publication with a print run in excess of 500,000 copies.
- CREDIT AND COPYRIGHT NOTICES
- The use of Images and Footage in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to the Stockerwill contributor and to Stockerwill in substantially the following form:
“Name of Artist/Stockerwill.com”
- Editorial credits shall take the following form:
“Name of Artist / Agency / Stockerwill”
- If and where commercially reasonable, the use of Images or Footage in Merchandise or an audio-visual production shall be accompanied by a credit to Stockerwill in substantially the following form:
“Image(s) or Footage (as applicable), used under license from Stockerwill.com”
- Credit attributions are not required in connection with any other use of Footage or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.
- In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
WARRANTIES AND REPRESENTATIONS
- Stockerwill warrants and represents that:
- Stockerwill’s contributors have granted Stockerwill all necessary rights in and to the Content.
- Footage and Images in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
- Editorial content in the original unaltered form and used in full compliance with this TOS and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.
- While Stockerwill makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, Stockerwill MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; OR II) AUDIO IN FOOTAGE. For the sake of clarity, Stockerwill will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage.
- Stockerwill MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.