Mansfield Photography Stock Photo Additional Terms

All rights and licenses granted to you under Mansfield Photography Stock Additional Terms are subject to your compliance with the Terms.

1. Ownership
   Except as expressly granted in the Terms, we retain all rights, title, and interest in and to the Stock Assets. No title or ownership interest in or to the Stock Assets is transferred to you by virtue of the Terms.
2. Standard License and Specific Restrictions for Works. The license described in this section is referred to as a “Standard License”.
   • (A) Standard License for Works. Under a Standard License, we grant you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use, reproduce, archive, modify, and display the Work, in all media, for (1) advertising, marketing, promotional and decoration purposes; and (2) personal and non-commercial uses, up to 500,000 times as further described in section 2(B) (“Standard License Specific Restrictions”).
   • (B) Standard License Specific Restrictions for Works. The following restrictions apply to your use of any Work under a Standard License:
     • (1) You may not, in the aggregate, (a) cause or allow a Work to appear on more than 500,000 printed materials (including copies of such materials); or (b) incorporate a Work into a live, recorded, or digital production if the audience is expected to exceed 500,000 viewers, except the restriction on audience size does not apply to Works displayed only on websites, social media sites, or mobile applications;
     • (2) you may not incorporate a Work into merchandise intended for sale or distribution, including on-demand products, unless (a) the Work has been modified to the extent that the new work, as incorporated into such merchandise, is not substantially similar to the Work and can qualify as an original work of authorship; or (b) the primary value of such merchandise does not lie with the Work itself;
     • (3) you may not use, include, or incorporate the Work in any electronic template or design template application (e.g., a web design or presentation template, or templates for electronic greeting cards or business cards); and
     • (4) you may not use, reproduce, distribute, or display the Work with a press release that includes the distribution of the stand-alone image file.
     • (5) No Machine Learning Use. Stock Assets may not be used to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.
3. Extended License and Specific Restrictions for Works. The license described in this section is referred to as an “Extended License”.
   • (A) Extended License for Works. Under an Extended License, we grant you the same rights as under a Standard License, and in addition the right to use, reproduce, distribute, and display the Work:
     • (1) for incorporation into merchandise and template files intended for sale or distribution, without limitation on the number of reproductions or viewers, provided the recipient is only permitted to use or access the Work as incorporated into the merchandise or template; and
     • (2) in a press release that includes distribution of the stand-alone image file to the media, provided the Work is only published in connection with the press release, and not used or disseminated in any other manner. For clarity, you may use the Work in connection with (a) electronic templates and design template applications; (b) merchandise such as mugs, t-shirts, posters, and greeting cards; and (c) “print on demand” services.
4. Additional Rights. Subject to the Terms and any applicable restrictions, you may have the following additional rights:
   • (A) Employer Use. You may obtain a license to a Stock Asset for the benefit of your employer (“Employer Assets”), in which case you:
     • (1) represent and warrant that you have full legal authority to bind your employer to these Terms;
     • (2) are solely responsible and liable for use of the Employer Assets; and
     • (3) must obtain additional licenses for any Employer Asset(s) you intend to use for yourself.
   • (B) Employee and Contractor Use. You may share Stock Assets with your employees or subcontractors, provided that:
     • (1) such employees and subcontractors agree in an enforceable written agreement to abide by the restrictions in the Terms;
     • (2) such employees and subcontractors only use the Stock Asset on your behalf; and
     • (3) you are solely responsible and liable for use of the Stock Asset by your employee or contractor.
   • (C) Social Media Use. You may use a Stock Asset on a third-party social media platforms or websites in accordance with the applicable third-party user agreement, provided that doing so does not exceed the scope of the license granted to you hereunder.
   • (D) Client Use. You may purchase a license to a Stock Asset on behalf of your client, and your client may use the asset subject to these terms. In that case, you represent and warrant that you have full legal authority to, and will, bind your client to these terms. If you do not do so, then your client may not use the Stock Asset. The rights purchased may only belong to you or your client. If you purchase a license to a Stock Asset used by a client, you must purchase additional licenses for any other use by you or additional clients. In other words, only one of you (and not both) may re-use a Stock Asset in multiple projects. You must not (a) resell licenses to Stock Assets.
5. General Restrictions. You must not:
   • (A) use the Stock Assets in any way that allows a third party to use, download, extract or access the Stock Assets (1) as a stand-alone file; or (2) in a way that exceeds the scope of the license to the Stock Assets;
   • (B) use the Stock Assets with material that violates any third-party rights, or otherwise take any action in connection with the Stock Assets that infringes the intellectual property or other rights of any person or entity, such as the moral rights of the creator of the Stock Assets or the rights of any person who, or any person whose property, appears in or is associated with the Stock Assets;
   • (C) register, or apply to register, a trademark, design mark, service mark, sound mark, or tradename, that uses any Stock Asset (in whole or in part); or claim ownership rights in an attempt to prevent any third party from using a Stock Asset;
   • (D) use the Stock Assets in a manner that is pornographic or defamatory, or that violates any applicable laws, rules, or regulations;
   • (E) use the Stock Assets in a manner, or in connection with a subject, that a reasonable person could consider unflattering, immoral, offensive, obscene, or controversial, taking into account the nature of the Stock Assets, examples of which could include ads for tobacco; adult entertainment clubs or similar venues or services; implied or stated endorsements of political parties or other opinion-based movements; or implying mental or physical impairment;
   • (F) use the Stock Assets contrary to any additional restrictions displayed on the Website in the details panel of such Stock Assets;
   • (G) remove, obscure or alter any proprietary notices associated with the Stock Assets, or give any express or implied misrepresentation that you or another third party are the creator or holder of Intellectual Property Rights in any Stock Assets;
   • (H) use or exploit the Stock Assets in any manner other than as expressly provided in these Terms.
6. Attribution
   If a Stock Asset is used in an editorial manner, then a credit line must be placed in a way that is reasonable to the applicable use, in this format: “Tim Maxwell / mansfieldphoto.com” or as designated on the Website;
7. We may, at any time (1) discontinue the licensing of any Stock Asset; and (2) deny the downloading of any Stock Asset.