This is the license agreement (Agreement) between you and Cloud Stock Photos. Below are the details that explain how you can and cannot use our photos, videos and templates (Products).
To use the Products means a right to make copies, distribute, display and transmit the Products, (in whole or in part) with the ability to make derivative works with the Products as described below:
- Unlimited Digital Use (See License Restrictions below) – you, a single user in your company, can use the Products you license on as many digital projects as you would like for your single business entity. That means you can buy a Product once and use it every week in your advertisements, blog posts, email newsletters, marketing campaigns, mobile applications, movies, television shows, social media posts, videos, website pages, and other digital projects.
- Subcontractors – can also use the Products you license, as explained in the License Restrictions section of this Agreement.
- 500,000 Print Run per License – You can use each Product you license up to 500,000 times in physical printed form. An additional Product license is required for every 500,000 printed.
- Perpetual License – your rights as listed in this license agreement do not expire.
- Non-Exclusive License – the Product(s) you license are not exclusive to you. Cloud Stock Photos can license the same Products to other people or businesses.
- Only one company per Product license – For example: if your company’s name is ABC123, you can only use it on that company’s website, emails, social media posts, videos and other projects. Parent companies, subsidiaries, affiliates and other related businesses need to buy separate licenses if they want to use the Products for their company. If you would like to buy multiple licenses of a Product, please contact us so we can provide you a discount coupon.
- Employee or Subcontractor – that is working with you to create your end project may only use the Products on your company’s projects and must agree to abide by the terms of this Agreement.
- No Team Sharing – Only one person per company can use the Products you license at any given time. That is limited to you, the person who purchased the license, or your employee or subcontractor working on your company’s project. You may not post the Products on any shared server where more than one person can access and use them at the same time. Please contact us if you would like to buy a multi-seat license.
- No Illegal Use – You cannot use the Products in any way that is pornographic, obscene, defamatory or illegal in any way.
- No Resell – You cannot resell or give away any Cloud Stock Photo images to anyone else.
- No Unmodified File Usage – You cannot post or upload any Products “as is” where someone could download the Product separate from your digital or print project. You need to make some type of graphic design changes that customizes the Product for your company.
- No Products for Resale – You cannot use the Products in any digital or print projects you intend to resell.
- No Digital Templates – You cannot use the Products in any digital templates you intend to sell or give away. That includes templates for business cards, brochures, calendars, greeting cards, and websites.
- No Social Media Company Reuse – If you upload your end project to a social media service or third-party website, you agree to not allow them to reuse the Product for their own purposes (other than within the same social media platform), or in any way that is contrary to this Agreement.
- No Logo Use – You cannot use the Products in your company’s logo.
- No Trademark Use – You cannot use our Products as part of a trademark or design mark.
- No False Representation of Ownership -You cannot claim that you are the author, original creator, or owner of the Product.
Intellectual Property Rights
- All Products sold are owned by Cloud Stock Photos.
- Photo Credit for Editorial Use – You are not required to provide photo credit when using our Products for commercial use as noted in this Agreement. However, if you use a Product for editorial purposes, the following credit should be included next to the Product: “© CloudStockPhotos.com”
- Video Credit – If possible, we request you include the following credit in your video project: “Stock Photo(s): CloudStockPhotos.com”
No Refunds for Downloaded Products – All licenses are final; no refunds or credits will be allowed.
Cloud Stock Photos will notify You if it has obtained a model release and/or a property release for a Product, either in the release status information accompanying the Product on Cloud Stock Photos’ website, in the Invoice, or by other means. If no such notification is given, then no such model or property release has been obtained. Cloud Stock Photos grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Product, or with respect to any music or audio included with the Products. You shall be solely responsible for determining whether a release is sufficient for the proposed use or is required in connection with any proposed use of such Product or if additional permissions or consents are necessary from a person, entity, association, guild or other organization. You may not rely on any statements made by any Cloud Stock Photos employee or representative other than those provided in this Agreement. You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. Cloud Stock Photos used commercially reasonable efforts to identify the caption for each Product but cannot be held responsible for erroneous or incomplete caption information.
Warranties and Disclaimers
Cloud Stock Photos warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) the Product will be free from defects in material and workmanship for 30 days from delivery (Your sole and exclusive remedy for a breach of this warranty being the replacement of the Product); (iii) Your use of the Product in accordance with this Agreement and in the form delivered by Cloud Stock Photos (i.e., excluding any modifications, by You) will not infringe on any copyrights or moral rights of any person or entity; and (iv) if a release is provided by Cloud Stock Photos, Your use of the Product and in accordance with this Agreement and in the form delivered by Cloud Stock Photos (i.e., excluding any modifications by You) will not, where a property release is provided, infringe on any trademark and/or will not, where a model release is provided, violate any right of privacy or right of publicity.
General Disclaimers and Limitation of Liability
CLOUD STOCK PHOTOS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLOUD STOCK PHOTOS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE PRODUCTS OR OTHERWISE, EVEN IF CLOUD STOCK PHOTOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
THE REPRESENTATIONS AND WARRANTIES MADE BY CLOUD STOCK PHOTOS IN THIS AGREEMENT APPLY ONLY TO THE PRODUCT AS DELIVERED BY CLOUD STOCK PHOTOS AND WILL BE INVALID IF THE PRODUCT IS USED BY YOU IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT, OR IF YOU ARE OTHERWISE IN BREACH OF THIS AGREEMENT. CLOUD STOCK PHOTOS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE PRODUCT BY YOU OR THE CONTEXT IN WHICH PRODUCT IS USED BY YOU.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
Cloud Stock Photos Indemnity. Provided You are not otherwise in breach of this Agreement and subject to the disclaimers above, as Your sole and exclusive remedy for any breach of the representations and warranties above, Licensor shall defend, indemnify and hold harmless You and your parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside attorney’s fees), arising out of or connected with any actual lawsuit or legal proceeding alleging that Cloud Stock Photos is in breach of its warranties set forth above. No other indemnification is offered by Cloud Stock Photos under the Agreement.
Your Indemnity. You agree to defend, indemnify and hold Cloud Stock Photos and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and costs), arising out of or as a result of claims by third parties relating to Your use of any Products outside the scope of this Agreement or any other breach by You of this Agreement.
Notification. The party seeking indemnification shall promptly notify the other party of such claim. At indemnifying party’s option, indemnifying party may assume the handling, settlement or defense of any claim or litigation, in which event indemnified party shall cooperate in the defense of any such claim or litigation as may be reasonably requested by indemnifying party. Indemnified party shall have the right to participate in such litigation, at its expense, through counsel selected by indemnified party. Indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
No licenses are granted until full payment of Cloud Stock Photos’ invoice is received. Unless Cloud Stock Photos and You directly agree on credit terms, payment of Cloud Stock Photos’ invoices must be received within thirty (30) days, without any discounts, or prior to the publication of any Product, whichever occurs earlier. You agree to pay Cloud Stock Photos a service charge of 1.5% percent per month, or lesser amount as is allowed by law, on any unpaid balance after this time period for the use of the Product.
Any disputes concerning the invoice must be submitted in writing to Cloud Stock Photos, within ten (10) business days of the invoice date, or You shall be deemed to have accepted the invoice as issued.
No Credit or Refunds
All licenses are final; no refunds or credits will be allowed.
Termination and Withdrawal
Cloud Stock Photos reserves the right to automatically terminate or revoke the license contained in this Agreement and invoice without notice if You or your client fail to comply with any provision of this Agreement. In addition, Cloud Stock Photos may withdraw the Product based on a potential or actual legal claim. Upon termination or withdrawal, You and your client must immediately discontinue all future use of the Product, delete the Product and all copies from all magnetic/electronic media and destroy all other copies in its possession or control. Cloud Stock Photos may replace the Product with an alternate Products upon its discretion.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
Choice of Law/Attorney’s fees
This Agreement will be governed in all respects by the laws of the State of California, without reference to its laws relating to conflicts of law. You agree that the County Court of the State of California for Los Angeles County and the United States District Court for the Central District California are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. If Cloud Stock Photos is obligated to go to court to enforce any of its rights, You agree to reimburse Cloud Stock Photos for its legal fees and disbursements if Cloud Stock Photos is successful.
No action of Cloud Stock Photos, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
This contract contains all the terms of the Agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by You, the terms of this Agreement shall govern.
If you have any questions about our license agreement, please contact us.
Last Updated October 15, 2018. Version 2.0.