Digital Image Usage & Licensing
Let’s outline the legal stuff.
Modstock + Design grant the Purchaser a non-exclusive, non-transferable, perpetual limited-use license to download the photos and design assets subject to the following restrictions:
This license can be used for personal or commercial use; copyright, title ownership, and all rights now and in the future, remain exclusively with Modstock + Design. There are no warranties on any of the photos, express or implied. Photographs are provided ‘as is.’
Neither Modstock + Design nor Modstock + Design’s vendors will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of our digital products.
What you can do:
Purchaser may:
- Display on personal websites and computers.
- Use the images in digital or print advertisements.
- Crop, resize, and/or change the orientation of the image to fit Purchaser’s promotional needs.
- Overlay the image with Purchaser’s text, graphics, website screenshots, product designs or pdfs.
- Make image prints for personal or commercial use.
- Use the images to promote your own business, products, and/or services on your website and social media channels.
- Use images for personal or business use, online and in print.
- Add filters or color overlays to suit their branding aesthetic.
- Use the images to create opt-ins such as workbooks, pdfs, ebooks and checklists.
- Use the images for multiple businesses/blogs for which the member is the sole owner.
- Use images on client’s website or client’s social media if you are their hired designer.
What you may not do:
Purchaser may not:
- Resell, relicense, sub-license, redistribute without express written permission from Modstock + Design.
- Use the photographs in any offensive, pornographic, obscene, illegal, immoral, libelous or defamatory manner.
- Scan, copy, duplicate, distribute, or otherwise reproduce the images, to allow a third-party to use the images in any way.
- Use this purchase to promote photography styling related workshops, classes, flat lay tutorials/blog posts or any on or offline photography-related training.
- Incorporate photographs into trademarks, logos, or service marks. (You may overlay your own logo on the image, but the image itself MAY NOT be used as a part of a logo.)
- Otherwise alter, edit or manipulate the image, or claim the image as their own.
- Sell, loan, or give away the image or otherwise allow a third-party to use the image in any way.
- Transfer the images to clients/customers, even if you have modified the design by adding text or graphics.
- Transfer membership or login credentials to a third party – whether a client, customer, or business partner without previous written consent obtained directly from Modstock + Design.
- Use the images for ebook covers or physical book covers to be sold on Amazon or similar mass distribution sites.
- Create derivative products from the images such as templates, screensavers, quote graphics, desktop calendars, printables, art prints, mugs, calendars, clipart, invitations, or any such products, either for sale or to give away for free.
- Make available for download.
For GRAPHIC/WEB Designers, Social Media Managers & Content Managers:
- You may use the images for your company’s purposes and for client’s design projects.
- You MAY NOT resell or freely distribute single images to your client, apart from a design project. Note that design projects are classified as digital or print projects that require MORE design elements than a single image, such as, a new website, social media design cover or print brochure.
- You MAY NOT create derivative products from the images such as e-books, digital templates, screensavers, printables, desktop calendars, wallpapers, art prints, mugs, calendars, clipart/vectors, invitations, or any such products, either for sale or to give away for free.
- We are considering an extended license for Template Designers if there is enough interest. If you are interested in an extended license, please contact us.
Legal Considerations:
- Modstock + Design remains the sole and exclusive owner and holder of the copyright of the image.
- Credit / Attribution is not required, but always appreciated. Use #modstock to showcase your work and be featured by Modstock + Design.
- Members acknowledge that Modstock + Design does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the images. Members agree that Modstock + Design shall be liable for any damages resulting from the use of any of the images provided. Modstock + Design shall not be liable for any claims related to, or resulting from, your use of the images, which may or may not have been modified by you, or combined with other content.
Modstock + Design retains all rights, license, copyright, title and ownership of the photography and design assets on modstockanddesign.com.
Using the free photos, purchased photos, or downloaded means you agree to this photo usage agreement.
Terms of Purchase Agreement
This Terms of Purchase Agreement (the “Agreement”), is made by and between Modstock + Design (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
PRODUCT.
Company provides Styled Stock Photography, Design Assets and Membership (herein referred to as the “Product”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT.
REFUNDS.
Due to the digital nature of the Product, and because instant access is granted as soon as the purchase or membership is activated, no refunds are offered on purchaes or memberships. Memberships may be canceled at any time. To avoid renewal charges, members must cancel their accounts prior to the automatic renewal date. NO REFUNDS will be issued if members forget to cancel prior to the renewal date. The member account will remain active until the end of the subscription term and all images downloaded while the membership was active may still be used.
TERMINATION.
You may terminate your Membership at any time. However, no refunds will be issued for payments already processed.
Company may suspend provision of the Products, or terminate, without refund to you, this Purchase Agreement and the Image License: a) upon your breach of the terms hereof; b) upon failure by you to pay a fee as associated owed to the Company; c) if you become insolvent or file, or consent to, a petition in bankruptcy or are adjudicated bankrupt or insolvent or make an assignment for the benefit of creditors or an arrangement pursuant to any law regarding bankruptcy or the rights of creditors or discontinue or dissolve your business or if a receiver is appointed with respect to your business or assets; or (d) if you breach any of the terms of the Image License.
IMAGE LICENSE.
By purchasing the Product, the Purchaser agrees to the following Image License:
Modstock + Design products and membership comes with a non-exclusive limited use license.
TRANSFER.
Members may not under any circumstances transfer membership or login credentials to a third party – whether a client, customer, or business partner without previous written consent obtained directly from Haute Stock.
NO GUARANTEE/WARRANTY.
Company sells Products ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
INDEMNIFICATION.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Orlando, Florida. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida and the United States, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
