Licence Agreement

This is a license agreement between you and Phuket Stick Photos which explains how you can use photos that you license from this site. By downloading content from Phuket Stock Photos, you accept the terms of this agreement.

What types of licenses does Phuket Stock Photos offer?

Phuket Stock Photos offers a standard type of license: Royalty Free.

Every file downloaded from Phuket Stock Photos comes with a standard license. You can licensed photos from Phuket Stock Photos via a purchase.

Phuket Stock Photos offers you the ability to purchase one or multiple photos at the same time.

You are welcome to use watermarked content from the Phuket Stock Photos site on a test basis for samples use only. Watermarked content may not be used in any final materials or any publicly available materials and may only be used for the 30 days following download.

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 Phuket Stock Photos 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. Phuket Stock Photos 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.
  • Commercial or editorial usage for any promotional, advertorial, advertising or merchandising purpose.

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.

Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses

  1. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
  2. 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).
  3. Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
  4. 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 licensed content and claim that you are the author.
  5. No Products for Resale. 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)
  6. 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).

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 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.

If you licensed the content with a purchase, this means that you may share content within your organization but the content may only be available to one person at any one time.

User Accounts

You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Phuket Stock Photos immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. Phuket Stock Photos reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Phuket Stock Photos determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

Intellectual property rights

Who owns the content

All of the licensed content is owned by either Phuket Stock Photos or the photographers who supply the content. All rights not expressly granted in this agreement are reserved by Phuket Stock Photos and the content suppliers.

Attribution

Do I need to include a photo credit?

You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “Phuket Stock Photos.com/Artist’s Member Name.”

Refunds & Cancellations

 

File Download Refunds – Phuket Stock Photos does not offer refunds or replacement credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Phuket Stock Photos.

All requests for refunds/cancellations must be made in writing. If the request is approved, Phuket Stock Photos will issue a credit to your account or credit card. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

Content Withdrawal

Phuket Stock Photos may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Phuket Stock Photos, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Phuket Stock Photos may be liable, Phuket Stock Photos may 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. Phuket Stock Photos will provide you with replacement content (determined by Phuket Stock Photos in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

Representations and Warranties

 

Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Phuket Stock Photos does not warrant 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 particular purpose. Phuket Stock Photos does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

Indemnification & Limitation of Liability

Indemnification of Phuket Stock Photos by you. You agree to defend, indemnify and hold harmless Phuket Stock Photos 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

Phuket Stock Photos 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 Phuket Stock Photos 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.

General Provisions

 

Electronic storage

You agree to retain the copyright symbol, the name of Phuket Stock Photos, 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 back-up purposes.

 

Waiver

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

Entire Agreement

No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Phuket Stock Photos and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.

Notice

All notices required to be sent to Phuket Stock Photos under this agreement should be sent via email to support@phuketstockphotos.com. All notices to you will be sent via email to the email set out in your account.

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.