This binding Content License Agreement (the “Agreement”) sets forth the legal rights, remedies, and obligations between Stock Dock Inc. (“Stock Dock”) and any user utilizing the Site or its Content (“Client”).

By purchasing or using any Content from the Site, the Client confirms their acknowledgment of and agreement to be bound by all the terms of this Agreement and the Site Terms of Use.

This document details the various licenses, including the corresponding rights, ownership information, and permissible uses for each type of license.

Important: If you have questions or disagree with any terms, you must contact us before downloading or using any Content from the Site. Should you require clarification regarding these terms, please reach out to us.

Stock Dock Creators maintain full ownership, including copyright, title, and all other intellectual property rights, in and to their Content.

Clients are only granted the rights explicitly transferred by Stock Dock under this Agreement, and no other rights in the Content are granted at any time.

As a best practice for protecting the Creator’s copyright, Stock Dock strongly encourages Clients to properly embed or limit the size of any Content used online.

Limited Right to Transfer

Stock Dock permits a limited transfer of granted rights in the following scenarios:

1. Between an authorized buyer or agency and the Client on whose behalf the purchase was made.
2. Between the Client and a third party who is essential to the creation of the final Work (e.g., a designer, printer, marketing agency, or social media manager).

In both cases, all receiving parties must agree to abide by the terms of this Agreement. For clarification on whether an intended transfer meets these requirements, please contact us here.

Standard License

Subject to all terms of this Agreement, Stock Dock grants the Client a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license for the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, broadcast, or display the Content.

The Standard License allows use in the following, subject to all restrictions and provisions of this Agreement:

The licensed content may be used for:

1. Advertising, Editorial, and Promotional Projects: Up to 100,000 physical copies, including, but not limited to, product packaging, catalogs, book covers, magazines, newspapers, and other promotional materials.
2. Online, Electronic, and Mobile Use: For an unlimited number of impressions, covering websites, web publications, e-book covers, broadcast media, online album or playlist covers, and static backgrounds for mobile applications or video games.
3. Social Media: Use on any social media platform is permitted.

Extended License Options

A Client may purchase an Extended License to expand upon the usage rights granted in the Standard License, subject to all provisions of this Agreement. Extended License options include:

• Unlimited Print License:

Allows Client to make an unlimited number of hard copies of items described in Section 2(a)(i) above; and unlimited copies of hard copy prints, posters and other reproductions for personal use.

• Products for Resale License:

Allows for incorporation of Content or derivatives into products intended for distribution (including free and for-profit products) where Content provides the core value of the product or is made available in an on-demand product. Such products include, but are not limited to, posters, art prints, printed calendars, stationery items, photo books, swag items, apparel, e-cards, screensavers or backgrounds (including mobile), templates (including but not limited to website templates, turn-key websites, pre-formatted emails or newsletters, or blog or CMS themes). 

Exclusive Rights

Content Removal From Library: Allows for the temporary removal of content from library for chosen time period so no other customer can purchase the content licensed

Without limiting any previously mentioned restrictions, the Client acknowledges and agrees that they will not do any of the following, unless Client has contacted us and arranged specific terms in writing and signed by both parties:

• sell, sublicense, assign, convey, share, or transfer any Content, in whole or in part, or rights thereto to any person or entity except as expressly permitted under this Agreement; or

• sell or distribute Content or Work containing Content in any way that allows the Content to be extracted, accessed, or downloaded as a stand-alone file; or

• use, reproduce, distribute, or display the Content in a way that is considered by Stock Dock or under applicable law, to be considered pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; or

• without the purchase of a Team upgrade to a Standard License, allow the Content to be used by more than one user at a time; or

• without the purchase of an Unlimited Print Extended License, use Content in a print run over 100,000 copies; or

• without the purchase of a Products for Resale Extended License, use, reproduce, or distribute the Content in connection with any goods or services intended for resale or distribution where primary value lies in the Content itself; or

• incorporate the Content into a trade, design, or service mark; business name; or logo; or

• make use of any audio that may, in some circumstances, accompany video content; or

• take any action in connection with the Content that violates any law, regulation, or statute in an applicable jurisdiction; or

• use the Content in an editorial manner without the following credit adjacent to the Content in print or in credits for audio/visual productions, including StockDock.net where technically feasible: “© [Name of Member] / Stock Dock Inc.”; or

• post or share Content in such a way to falsely represent that you are the original creator of the Content or any work made up largely of the Content; or

• use artificial intelligence upscaling tools to increase the file size of downloaded Content; or

• use Content in any way that suggests or implies that any individual in the Content is directly and personally endorsing any product, service, idea, belief or site, including but not limited to attributing quotes to or creating fake online profiles for an individual including promotional or marketing materials (for example, on political materials or dating apps);
  • this restriction on endorsement does not apply to an individual who simply appears in an advertisement alongside a product; and
  • this restriction may be waived with inclusion of a conspicuous disclaimer accompanying each use that (i) the Content is being used for illustrative purposes only; and (ii) the person depicted is a model; or

• use any Content that includes an identifiable model in connection with a subject that would be unduly controversial to a reasonable person or that could have a negative impact on the model (and not otherwise restricted by Section 3(o)), without Client accompanying each use with a conspicuous disclaimer indicating that (i) the Content is being used for illustrative purposes only; and (ii) the person depicted is a model. Disclaimers are most likely required for, but not limited to, medical issues and diagnosis; or
• use any Content that includes an identifiable model in a manner that depicts such individual in a potentially sensitive subject matter; including, but not limited to substance abuse and recovery, sexually transmitted infections, mental health disorders, abuse, abortion, promotion of nicotine or tobacco use, or any implication that the model engages in activity that is immoral or illegal unless a Sensitive Use Extended License has been negotiated and purchased. Clients interested in this license are encouraged to contact us for detailed information; or

• use, or allow third parties to use, any Content (including any caption information, keywords, or any other metadata associated with any Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, Stock Dock does not represent or warrant that consent has been obtained for such uses with respect to model-released Content; or

• use any metadata, including caption information, keywords, accompanying text, or other metadata associated with Content separate and apart from the Content, or allow any third parties to access or use any such information associated with Content; or

• use any Content in connection with an immutable digital asset intended for sale, such as a non-fungible token (NFT).

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 STOCKDOCK contributor and to STOCKDOCK in substantially the following form:”Name of Artist/STOCKDOCK.com”

Editorial credits shall take the following form:”Name of Artist / Agency / STOCKDOCK“

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 STOCKDOCK in substantially the following form:”Image(s) or Footage (as applicable), used under license from Shutterstock.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 ey

1. Each asset is collected in our database with its associated model and property releases. 
2. Model and property releases are available to clients upon request, but all identifying information will be redacted to protect private information. 
3. Stock Dock does not represent or warrant that any model release includes consent or biometric clearance for any machine learning or related uses.

Current pricing information may be found HERE. 

1. 1. Invoice payment terms will be net-30. This includes any Client purchasing on behalf of another entity, regardless of when the end user pays the purchasing Client. 
   2. Failure to pay will be considered a material breach of this Agreement. 
   3. Any invoice paid constitutes a binding agreement with Stock Dock.
      

Because the nature of digital content is as such that files cannot be “returned” or the integrity of copyright protection can be guaranteed once the signed temporary download links are made available. Users are asked to review and agree to terms before confirming purchase where if a download of the file has been initiated from our servers there will be no refund and the executed license must remain intact and effectively enforced.

• Subject to all terms and conditions contained in this Agreement, Stock Dock represents and warrants that, to the best of its knowledge, the use by the Client of the Content as provided and as authorized in this Agreement will not infringe or violate the intellectual property rights, publicity rights, or privacy rights of any third party.

   

• Stock Dock does not hold licenses for any audio tracks that may, in rare circumstances, accompany video Content. The Client has no rights to use such tracks and is encouraged to implement video content with no audio or audio they own or have the rights to use.

   

• Except as set forth in this Agreement, the Content is provided “as is” and Stock Dock makes no further representations or warranties as to the Content, including as to the accuracy of titles and descriptions.
  

• Subject to the provisions below, the Client agrees to defend, indemnify, and hold Stock Dock and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, employees, members, contractors, owners, agents, representatives, licensors, and (sub)licensees (collectively, “Indemnitees”) harmless from all claims, damages, liabilities and expenses (including reasonable legal fees) arising from: 
  • the Client’s breach of any warranties or obligations under this Agreement, and 
  • from any and all uses of the Content by the Client resulting from the Client’s modification of the Content, the combination of the Content with any other work(s), and the context in which the Content is used.

     

• Subject to the provisions below, Stock Dock agrees to defend, indemnify and hold Client and its subsidiaries, commonly owned or controlled affiliates, and their respective officers, directors, and employees harmless from all claims, damages, liabilities, and expenses (including reasonable legal fees) arising from a breach of the representations and warranties set forth above. This section will not apply if the use and/or distribution by the Client of the Content has at any time not been in accordance with the terms and conditions of this Agreement or if the Client is otherwise in breach of this Agreement.

   

• Each party’s indemnity obligations are conditioned on the indemnified party 
  • promptly providing the other party with written notice of any claim or threat of a claim; 
  • giving the indemnifying party control of any defense or settlement, provided that the indemnifying party  will not make any settlement that imposes any material obligation on the indemnified party without prior written agreement of the indemnified party. 
  • cooperating fully with the indemnifying party in the defense of any such claim or matter, including production of all reasonable related information.

     

• Except for any liability which cannot by law be excluded or limited, in no event will the Indemnitees’ total liability to the Client arising from this Agreement, or the use of any Content licensed hereunder, exceed five hundred thousand dollars ($500,000) regardless of the number or type of claims. The foregoing exclusions and limitations are applicable notwithstanding any failure of essential purpose.

   

The foregoing states the entire obligation of Stock Dock and the other Indemnities, and the sole remedy of the Client, with respect to any breach of the representations and warranties above. This indemnity section will survive the termination of this Agreement.

Stock Dock has and will maintain industry-standard insurance policies, including coverage for professional media liability and general commercial liability.

Either party may terminate this Agreement at any time and for any reason with 30-days notice. Stock Dock may terminate this Agreement at any time without notice if Client fails to comply with any provision of this Agreement.

By downloading and using Content, Client acknowledges and agrees that this Agreement and all matters related to use of the Site and/or the Content and all actions and disputes arising from or relating to this Agreement will be construed and governed by the laws of the US Virgin Islands and the laws of the United States of America applicable therein.

If any provision contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect; the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable. 

No action by Stock Dock, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No action by Client, other than express written waiver approved, in writing, by Stock Dock, may be construed as a waiver of any provision of this Agreement.

Stock Dock reserves the right to modify these terms as needed from time to time. Unless Stock Dock determines a change alters the material understanding of how the Client may use the Content, Stock Dock will not be obligated to notify Client of minor changes.

Each party agrees that use of pre-printed forms, including purchase orders, statements of work, or invoices, is for convenience only, and any pre-printed terms and conditions stated thereon, except as set forth in this Agreement or otherwise specifically negotiated in writing, are void and of no effect. 

This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of each party. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Client, the terms of this Agreement will govern.

• Affiliate: for a Client, any other entity that controls, is controlled by, or is under common control with that Client;

   

• Agreement: this Content License Agreement, which governs the licensing and use of any Content available on the Site or otherwise affiliated with Stock Dock, and which may only be modified by an agreement in writing and signed by both Stock Dock and the Client;

   

• Asset: any single photograph, video, or other digital media available to license from the Site or through Stock Dock directly;

   

• Asset Detail Page: a page on the Site showing one asset and that asset’s details, including title, description, keywords, presence of any releases, and all other asset-specific material;

   

• Client: any individual, entity, or agency using the Site to purchase sublicenses for Content;

   

• Content: a collective term that includes any or all of the individual assets making up the Stock Dock collection;

   

• Editorial: any content used for a non-commercial purpose, such as to provide context or illustrate an idea; often found in newspapers and blogs. All Content from Stock Dock may be used editorially;

   

• License: payment in exchange for limited use of a copyrighted asset;

   

• Member: an individual who has been accepted as a contributing Creator at Stock Dock, and who provides Content to the site under Member Agreements. Members, by uploading Content to Stock Dock, authorize Stock Dock to grant sublicenses to such Content for use by Clients;

   

• Promotional: not intended for sale, sublicensing, or other form of distribution in exchange for payment;

   

• Resale/Distribution: the sale or distribution of any item or object that makes use of licensed Content as primary content;

   

• Royalty Free: a licensing category where a Client pays a one-time fee in order to use the Content any number of times. All of Stock Dock’s license options are royalty free. Note that royalty free does not mean use is unrestricted; please see Sections 2 and 3 for details;

   

• Site: the website found at www.Stock Dock.net  containing Content for license and any affiliated sites;

   

• Template: any pre-designed format or structure which may be customized by the individual user by replacing generic elements of the format or structure. Templates include but are not limited to turn-key websites, pre-formatted emails or newsletters, mobile app templates, or blog or CMS themes; and

   

• Work: an original, finished product created by a Client and incorporating the licensed Content along with other materials.