License
Last Updated: July 2024
The following is a legal agreement between you and MS Motion Designs LLC DBA GreenStock, Green Stock (in this agreement referred to as “GreenStock”) that explains how you can use photos, illustrations, vectors, video clips and template files that you license from the Green Stock. By downloading content from Green Stock, you accept this entire agreement.
LICENSES
1. Standard License
Every file you download from GreenStock comes with a standard license. It grants you the right to use the content (images, vectors, graphics and videos) as follows;
a) As digital reproductions, including the use on websites, online advertising, social media, mobile advertising, mobile "apps", e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Vimeo, etc. );
b) You may use them for a single project to make a final product for yourself or one client. You can make multiple copies and versions from a single project. A single project may produce multiple final outputs and versions. If you have to use it in multiple projects, you will need an Extended License.
Examples of Final Product
The Final Product is a customized implementation of the item.
Or the work that incorporates the item with other elements
c) You may incorporate content into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a "Production"), without regard to audience size.
d) You may Incorporate content for your own personal, non-commercial use in other words (not for resale, download, distribution, or any commercial use of any kind).
e) You can’t re-distribute the item as stock and can’t resell.
f) You can distribute the Final Product through multiple media , online or broadcast it to your viewers. If you create the Final Product for a client, then this license is transferred to your client with the Final Product.
g) You can modify or manipulate the item to suit your needs. You can combine the item with other works and make a derivative work from it.
h) You can’t sell the Final Product, except to one client. (If you or your client want to Sell the Final Product, you will need the Extended License)
3. Extended License for Images, photos, vectors, graphics, and video files
Grants you the right use the content:
a) In any manner permitted in the Standard Image License, without any limitation on the number of reproductions, and use in multiple projects.
b) Incorporated into merchandise intended for sale or promotional distribution provided that such Merchandise incorporates material creative or functional elements apart from the content.
c) In wall art for decorative purposes in a commercial space owned by you or your client, and not for sale.
d) Multiuser: unlimited users in an organization.
e) You can’t re-distribute the item as stock and can’t resell.
4. Editorial Use Only
a) These stocks don’t have legal release to license for commercial purposes. It includes
any celebrity photos, identified people and private buildings without consent form, trademarked logo, trademarked property.
b) Editorial images can only be used in ways where this is no personal benefit or commercial gain.
Examples of how you can use licensed contents:
Websites, online advertising, in social media, in mobile advertising, mobile apps, software, e-cards, books, magazine, blogs, video, television, multimedia production, corporate presentations, newspapers, marketing campaigns and product packaging
5. Restrictions on use of content
a) No pornographic, defamatory, or other unlawful manner.
b) No commercial use of “Editorial Use Only” content.
c) No promotion of tobacco products.
d) No promotion of political party, candidates, elected official.
e) No engaging in immoral or criminal activities.
f) No use of content (in whole or part) as a trademark, logo, service mark, or other indication of origin.
g) No False representation of authorship of content.
h) No use of the content in a manner that infringes upon any third party’s trademark or other intellectual property.
6. Credit and Copyright Notices
All the licensed content is owned by the artists who supply the content.
7. Who can use the licensed content?
The rights granted to you are not transferable and not sub-licensable to anyone else except the followings
-Employer or Client: If you purchase on behalf of your client or employer, then your employer and client can use the content. In that case, the employer and the client will have the legal bind of this agreement as well.
- Subcontractors: Your subcontractors or distributors such as print shops, mailing house, any third party that dealing with your marketing materials can use the content in any production or distribution process related to your final project only but not any other purpose.
8. Your Account
Member warrants that he or she has provided GreenStock with accurate, complete, and current member information. If Member creates an account with GreenStock, Member agrees to correct and update that information to ensure its accuracy and completeness always. Entering false personal information, or failing to comply with these Terms of Service, may result in the revocation of the license(s) granted to the Member, as well Member’s loss of his or her GreenStock, and any other services or privileges provided by GreenStock.
You are responsible for all activity in your account and you agree to:
a) Maintain the security of all passwords and usernames for each user account.
b) If there is unauthorized use or breach of security, notify GreenStock immediately.
c) Accept all responsibility for activity that occurs under each user account. Green Stock reserves the right to monitor downloads and user activity to ensure compliance with terms of this agreement. If GreenStock determines that you are violated this agreement, GreenStock may suspend access to your account.
9.Termination/Cancellation/Withdrawal.
Termination
This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing the use of the content and deleting it. Once you terminate the agreement you may not continue to use the content and must delete it. GreenStock may terminate this agreement at any time if you fail to comply with the terms of this agreement, in that case you must cease using the content and delete all.
Any Member may terminate his or her GreenStock account at any time with or without cause by notifying GreenStock in writing. GreenStock may terminate any Member account at any time, for any reason or no reason. Member accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of GreenStock.
Member acknowledges that GreenStock shall not be liable to Member or any third party for any claims and/ or damages arising from Member's use of Images. GreenStock shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Green Stock has been advised of the possibility of such damages.
Refunds / Cancellation
File Download Refunds – Green Stock does not offer refunds or re-credits for downloaded files.
All requests for refunds/cancellations must be made in writing. After the request is approved, GreenStock will issue a credit to your account or credit card. In the event of cancellation, you must delete all your content and your rights to use is terminated.
Content Withdrawal
GreenStock may discontinue licensing any item of content at any time at its sole discretion. GreenStock will require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise any content may be subject to a claim of infringement of a third party's right for which GreenStock may be liable.
10. REPRESENTATIONS AND WARRANTIES
GREENSTOCK MAKES THE FOLLOWING REPRESENTATIONS AND WARRANTIES:
NON-INFRINGEMENT WARRANTY. EXCEPT WITH RESPECT TO CONTENT IDENTIFIED AS "EDITORIAL USE ONLY," MEMBER’S USE OF THE CONTENT IN ACCORDANCE WITH THIS AGREEMENT AND IN THE FORM DELIVERED BY GREEN STOCK WILL NOT INFRINGE ON ANY COPYRIGHT, MORAL RIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT AND WILL NOT VIOLATE ANY RIGHT OF PRIVACY OR RIGHT OF PUBLICITY; AND ALL NECESSARY MODEL AND/OR PROPERTY RELEASES FOR USE OF THE CONTENT IN THE MANNER AUTHORIZED BY THIS AGREEMENT HAVE BEEN OBTAINED.
WARRANTY DISCLAIMER FOR "EDITORIAL USE ONLY" CONTENT. FOR CONTENT IDENTIFIED AS "EDITORIAL USE ONLY," GREENSTOCK WARRANTS THAT THE CONTENT WILL NOT INFRINGE ON ANY COPYRIGHT OR MORAL RIGHT OF THE ARTIST, BUT IT DOES NOT GRANT ANY RIGHT OR MAKE ANY WARRANTY ABOUT THE USE OF NAMES, PEOPLE, TRADEMARKS, LOGOS, REGISTERED, UNREGISTERED OR COPYRIGHTED DESIGNS, WORKS OF ART OR ARCHITECTURE DEPICTED OR CONTAINED IN THE CONTENT. MEMBER IS SOLELY RESPONSIBLE FOR DETERMINING WHETHER RELEASE(S) IS/ARE REQUIRED WITH YOUR PROPOSED USE OF THE CONTENT IDENTIFIED AS "EDITORIAL USE ONLY," AND MEMBER IS SOLELY RESPONSIBLE FOR OBTAINING ANY REQUIRED RELEASE(S). MEMBER ACKNOWLEDGES THAT NO RELEASES ARE GENERALLY OBTAINED FOR CONTENT IDENTIFIED AS "EDITORIAL USE ONLY," AND THAT SOME JURISDICTIONS PROVIDE LEGAL PROTECTION AGAINST A PERSON'S IMAGE, LIKENESS OR PROPERTY BEING USED FOR COMMERCIAL PURPOSES WHEN THEY HAVE NOT PROVIDED A RELEASE.
CAPTION/METADATA DISCLAIMER. WHILE GREENSTOCK HAS MADE REASONABLE EFFORTS TO CORRECTLY CATEGORIZE, KEYWORD, CAPTION AND TITLE THE CONTENT, GREENSTOCK MAKES NO WARRANTY OF THE ACCURACY OF SUCH INFORMATION, OR OF ANY METADATA PROVIDED WITH THE CONTENT.
NO OTHER WARRANTIES. EXCEPT AS PROVIDED IN THE "WARRANTY OF NON-INFRINGEMENT" SECTION ABOVE, THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A MEMBER’S PURPOSE. GREENSTOCK DOES NOT REPRESENT OR WARRANTY THAT THE CONTENT WILL MEET MEMBER’S REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR FREE OF ERRORS.
11. INDEMNIFICATION AND LIABILITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GREEN STOCK, ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, MANAGERS, DESIGNEES, USERS, SUCCESSORS, PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND LICENSEES OF CONTENT FROM AND AGAINST ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES, CLAIMS, DEMANDS AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS DUE TO OR ARISING FROM: (A) YOUR VIOLATION OF THIS AGREEMENT; (B) ANY INACCURATE OR UNTRUTHFUL REVIEW OR OTHER INFORMATION PROVIDED BY YOU TO GREEN STOCK OR THAT YOU SUBMIT, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE; OR (C) ANY INTENTIONAL OR WILLFUL VIOLATION OF ANY RIGHTS OF ANOTHER OR HARM YOU MAY HAVE CAUSED TO ANOTHER (D) RESULTING FROM ANY COMMUNICATION MADE OR CONTENT UPLOADED UNDER YOUR MEMBER NAME. GREEN STOCK RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH GREENSTOCK’S DEFENSE OF SUCH CLAIM.
YOU ACKNOWLEDGE THAT ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE MATERIALS. IN ANY EVENT, GREENSTOCK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS AND CONDITIONS. GREENSTOCK WILL NOT BE LIABLE FOR (A) ANY CONTENT POSTED BY USERS, (B) ANY USERS, (C) ANY THIRD PARTY USERS’ ACTIONS
12. Additional Terms
If any individual term of these agreement is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of the agreement, so that these agreement shall otherwise remain in full force and effect.
In the event that you breach any of the terms of this or any other agreement with Green Stock, Green Stock shall have the right to terminate your account without further notice. Green Stock shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, GreenStock may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
This agreement will be governed by the laws of the State of Florida, U.S.A. without reference to its laws relating to conflicts of law.
Any disputes or claim arising out of or relating to this Agreement or the breach thereof, shall
be submitted to arbitration in Clearwater, Florida rather than in court. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. GreenStock shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that such action is necessary.
If GreenStock is obligated to go to court, rather than arbitration, to enforce any of its rights or to collect any fees, you agree to reimburse GreenStock for its legal fees, costs and disbursements in all events. Any claims or actions arising from these Content License Agreement must be brought exclusively in the court of competent jurisdiction located in Pinellas County, Florida.