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Photo Usage Agreement

Updated: September 2, 2020

 

This Photo Usage Agreement (the “Agreement”), is made by and between Culture Stock Photography, LLC (hereafter known as “Culture Stock”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).

PRODUCT.    

Company provides Stock Photography 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. 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. 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. 

LIMITED LICENSE.

Your membership includes a limited, non-transferable, non-exclusive, revocable license for the Product you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.

 

Members May:

  • Use images for personal, editorial, commercial purposes, online and in print in anyway that is not restricted as provided herein.

  • Resize, rotate, crop, flip  or change image orientation. You may overlay text, screenshots, designs, or your product photos. You may add color or filter overlays, to conform with your branding.

  • Overlay the image with text, website screenshots, product designs and pdf designs.

  • Add filters or color overlays to suit their branding aesthetic.

  • You may use the images in digital products including courses, workbooks, ebooks, and other pdfs or downloads where the primary value of the end-product is the content of the digital product, not the image itself.

  • May upload images to your website, blog, or social media platforms / schedulers for your own business use. If you are a social media manger, virtual assistant, designer or similar service provider, you may use the images to create graphics for your clients by adding text or other design elements.

Members May NOT:

  • You may not falsely represent that you or someone else is the original creator of the images.

  • You may not use the images to market or sell other products, services, workshops, courses, or similar resources that are photography or styling related.

  • You may not use the images in an unlawful way or for any illegal or unlawful purpose.

  • You may not share or otherwise transfer your login information or transfer any images directly to a third party whether a client, customer, or business partner without previous written consent from Culture Stock.

  • You may not sell, trade or give away the images as standalone files even if you have modified the image  by adding text, graphics, or other design elements where the primary value of the end-product is the design

  • Use the images for ebook covers or physical book covers to be sold on Amazon or similar mass distribution sites.

  • Images may not be used for any offensive, immoral, illegal or pornographic use.

  • Use the images to promote or sell other stock photography products/services/resources/courses, whether for free or paid.

  • If you violate the Culture Stock’s terms of use, your membership will be terminated.

REFUNDS.  

We appreciate your investment to Culture Stock. Due to the digital nature of the Product, and because instant access is granted as soon as the membership is activated, no refunds are offered on memberships or Product. 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. There will be no refunds or credits for partial months of service, membership package change refunds, or refunds for months unused with an open account. 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. In order to treat everyone equally, no exceptions will be made.

LEGAL CONSIDERATIONS. 

  • Shantel Escobar with Culture Stock Photography, LLC retains all rights, license, copyright, title and ownership of the photography on culturestock.com. 

  • Credit / Attribution is not required, but always appreciated. Remember to use #culturestock or tag @[IG handle] so we can see how you use the images and even feature your business!

  • Members agree that neither Shantel Escobar or Culture Stock shall be liable for any damages resulting from the use of any of the images provided. Shantel Escobar or Culture Stock 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.

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.

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 Alternative Dispute Resolution or Mediation before filing a civil cause of action. 

GOVERNING LAW.    

This Agreement shall be governed by and construed in accordance with the laws of the state of Georgia, 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 a 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.

​If you have any questions about any term of these Terms of Use, please contact us at capturedbyshantel@gmail.com. Thank you.

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