Holistic Web Presence Image & Video Media License & Copyright Usage Terms
LAST UPDATED: October 2015
This is a license agreement between you and Holistic Web Presence that explains how you can use photos, illustrations, vectors, and video clips that you download from Holistic Web Presence. By downloading content from Holistic Web Presence, you accept the terms of this agreement.
What types of licenses does Holistic Web Presence offer?
Holistic Web Presence offers one type of license: standard with attribution.
Every file downloaded from Holistic Web Presence comes with a standard “with attribution” license.
How can I use licensed content?
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Holistic Web Presence are:
Perpetual, meaning there is no expiration or end date on your rights to use the content.
Non-exclusive, meaning that you do not have exclusive rights to use the content. Holistic Web Presence can license the same content to other customers.
Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
Attribution
Do I need to include a photo credit? You must include a photo credit for all forms of usage of the content. This attribution must be adjacent to the content or in the case of publication on a web page or blog post the attribution must be located on the same and every page where the content is used. It must also make clear the specific content the attribution is referencing.
Yes, you must include one of the two following forms of credit attribution in all publications:
- “Image courtesy of Holistic Web Presence – https://www.holisticwebpresence.com/services/web-photography-portfolio-digital-marketing/.”
- “Image courtesy of Holistic Web Presence.”
If using option “2”, the “Holistic Web Presence” must be an active clickable link that goes to https://www.holisticwebpresence.com/services/web-photography-portfolio-digital-marketing/
This includes both commercial use, and personal use.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish or otherwise make use of.
Please make sure you read the Restricted Uses section below for exceptions.
Restricted Uses
No Unlawful Use. You may not use content in a pornographic, defamatory, or other unlawful manner.
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use the content as part of a trademark, design mark, trade name, business name, service mark, or logo.
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters, and other items (this includes the sale of products through custom-designed websites, as well as sites such as zazzle.com and cafepress.com)
No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction.
Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end-use. These subcontractors and distributors may not use the content for any other purpose.
Please note that seat/user restrictions apply. You may only use the content with the appropriate amount of users, as explained in Section 5 below.
Are there any seat/user license restrictions?
Yes. The standard license or subscription is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use.
Who owns the content?
All of the licensed content is owned by either Holistic Web Presence or the artists who supply the content. All rights not expressly granted in this agreement are reserved by Holistic Web Presence and the content suppliers.
Indemnification of Holistic Web Presence by you.
You agree to defend, indemnify and hold harmless Holistic Web Presence and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
Limitation of Liability.
HOLISTIC WEB PRESENCE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES, COSTS, OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF HOLISTIC WEB PRESENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Assignment. This agreement is personal to you and is not assignable by you without Holistic Web Presence’s prior written consent. Holistic Web Presence may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Electronic storage. You agree to retain the copyright symbol, the name of Holistic Web Presence, the content’s identification number, and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for backup purposes.
