Royalty Free License Agreement


Locally Stocked Royalty Free License Agreement

(Last Revised on 5/28/20)

 

You are recommended to read and fully understand the Locally Stocked License Agreement before downloading and using any of the content. By clicking the "I Agree" checkbox you are therefore accepting the terms and conditions of this Locally Stocked License Agreement, or by downloading and using any content from our site you agree and understand you are then entering into a legal agreement between themselves and Locally Stocked LLC. Referred to in the agreement and on the website as Locally Stocked, a Limited Liability Corporation in Kalamazoo, Michigan 49007.

 

Locally Stocked offers an online marketplace where users can license and download photography, video footage, after effect files, premiere pro files, voice overs, LUT's, Music, and Illustrations under the terms of this user agreement. The content on www.locallystocked.com is protected by international copyright laws. The copyright is never sold or transferred as part of the license agreement and shall always remain the property of the original owner.

 

Defininitions

"License" means the permission granted to licensee and use the content in the manner specified by this agreement.

"Licensee" or "You" is the person or entity stated on the invoice and is purchasing the license under this agreement, or, the individual or entity acting on behalf of another entity or person or entity for which the project is for.

"Content" is either photography, video footage, music, LUT's, Voice Over audio, animations, presets, 3D models, Photoshop PSD template or illistrations made available for licensing from the Locally Stocked website.

"Footage" means animations, films, videos, music or any audio/visual representations, includes any moving images, this excludes still images, and can be recorded in any format that is available for license from the Locally Stocked website.

"Image(s)" means any still images, photographs, vectors, or drawings that are available for license from the Locally Stocked website.

"Music" means any recordings containing sounds or series of sounds, in any format which are available for license from the Locally Stocked Website.

"Royalty Free" or "RF" is a license for Content, for a single end user, for a one time fee based on file dimensions.

"Editorial Use" When recognizable people, logos, design features, trademarks, copyrighted or trademarked building or copyrighted or trademarked works are identifiable and releases have not been obtained then usage is limited to editorial projects only.

"Commercial Use" is granted when all necessary releases have been obtained or are not required. 

"Model Release" the property release status indicates whether a signed release has been obtained from the owners of the property shown in the Content.

"Property Release" - the property release status indicates whether a signed release has been obtained from the owners of the property shown in the Content.

"End Use" or "Project" is the final work in which the content appears.

"Invoice" is the form generated by the Website that indicates the Content for which a license will be granted, financial cost and the scope of the rights granted to the licensee.

"Comping License" A license granted to allow Low-Res Content to be downloaded for purposes of project evaluation as outlined in 3.1.

"Contributor" is anyone who enters into an agreement with Locally Stocked to provide Content to the Website. "website" www.locallystocked.com

 

No License is granted before full payment is received.

If you do not see the necessary rights you need or require further clarification, contact us at taylor@locallystocked.com.

 

GRANT OF ROYALTY FREE LICENSE

1 PHOTOGRAPHY (RF):

a) Unless otherwise stated directly on the invoice Locally Stocked grants to a Licensee, a limited, non-exclusive, non-sublicenseable, non-assignable, non-transferrable worldwide and perpetual license to use the Content for an unlimited number of times and to directly create Projects from the Content with the following exceptions. 

b) Content is not permitted to be used without further compensation where the value of the product is in the Content itself and includes but is not limited to prints for display or prints for resale, posters, cards, stationery items, calendars, paper products etc.

2 FOOTAGE(RF)

a) Unless it is otherwise stated in the invoice Locally Stocked grants to the Licensee, a limited, non-exclusive, non-sublicensable, non-assignable, non-transferable worldwide and perpetual license to use the content for a single project. THE LICENSE AGREEMENT ONLY EXTENDS FOR THE DURATION OF THE PROJECT AND ALLOWS FOR WORLDWIDE DISTRIBUTION OF THE PROJECT. IF THE PROJECT IS COMPLETED, AND YOU WISH THEN TO USE THE CONTENT FURTHER, A NEW LICENSE MUST THEN BE PURCHASED FOR FURTHER UTILIZATION.

3. GENERAL RESTRICTIONS AND LIMITATIONS OF USE FOR ALL LICENSES. THE LICENSEE:

  1. The end user shall not make any claim or falsely represent the ownership of the Content.

  2. The end user shall not utilize any Content that is strictly designated for “editorial use only” for any commercial purposes whatsoever.

  3. The end user shall not sell, redistribute, give, assign, make available for free or paid download or by any other means, the whole or portion of the Content for which a license was purchased.

  4. The end user shall not allow the Content to be uploaded to any free or paid social media or file sharing websites, such as but not only limited to Flickr, Vimeo, Facebook, etc. unless the license expressly grants such use. 

  5. The end user shall only use the Content as strictly dictated by the license agreement or such as stated on the invoice.

  6. The end user shall not utilize the Content in any manner that is considered defamatory, immoral, obscene, libellous, pornagraphic, or illigal whether it is directly with or in context to other material.

  7. The end user shall not use any visual Content or any portion of the Content from Locally Stocked as a trademark, logo, emblem etc without written permission from Locally Stocked. 

  8. The end user shall not in any form use “stills” or screen grabs derived from any footage except for use in context within the intended project. 

4. ACKNOWLEDGEMENTS:

4.1 At the time Content is utilized in a production, in print, or online where credit is normally given or is then given to other licensed content providers. Than a credit that is equal and comparable shall be given in the form of Locally Stocked/name of author. And when the content is used in a electronic medium the credit will also be given in the form of a hyperlink stated as www.locallystocked.com

 

5. ALLOWANCES

  1. It is to be understood that a project may sometimes require Content to be transferred from one entity to the other to effectively complete the project. Every individual within that creative design chain from the initial download to the end use is then bound to this agreement. 

  2. You are allowed to make backup copies of the downloaded Content providing that the Locally Stocked License Agreement resides with the Content file.

6. PAYMENT

  1. All payments are to be paid in full before the Content can be downloaded, unless prior credit arrangements are made.

  2. At the time payment is received by Locally Stocked a refund cannot be given unless Locally Stocked agrees that the Content is defective. Refunds will be issued in the same manner that the payment was received by the end user and could take as much as 30 days to completion. 

  3. If any merchandise is damaged upon delivery, then an RMA(Return Merchandise Authorization) must be issued prior to acceptance for a replacement to be fufilled. Please contact us directly on our website www.locallystocked.com

7. WARRANTY AND LIMITATIONS OF LIABILITY:

  1. Locally Stocked warrants that contributors have been granted all necessary permissions and rights to grant licenses as set forth in this agreement.

  2. All Content is provided as is and is up to the licensee to check that if releases are required that they actually do exist, and if they do exist that they satisfy all legal requirements for the project by the end user. Locally Stocked does not make any warranties and in no way grants the rights to the use of trademarks, logos, people, copyrighted art or buildings, service marks unless supplied with a specific model or property release for that person or property shown in the Content. 

  3. If the releases do not exist and Content contains recognizable property, or people, copyrighted property, or service marks, it is up to the end user to insure that the project does not in any form breach any individual or corporation with all due respect to privacy or copyright. 

  4. While we make every effort to provide the most accurate detail with regard to captions, locations, and keywords, “Editorial Use Only” designations, Locally Stocked does not warranty any of this information.

  5. Limited Warranty: Locally Stocked warrants our Content to be free of any defects. If the electronic file should be found to be damaged in any specific way, Locally Stocked will replace the content with a version that is then free of any defects, if it is available. If no defect free version is available the original license fee will be refunded. No further compensation will be offered if any Content that is defective delays the project.

  6. Locally Stocked makes no warranties with regard to suitability of any Content for a specific project.

  7. Locally Stocked or its contributors shall not be in any form liable for any damages or costs arising from the modification of the Content by or for the end user.

  8. Locally Stocked LLC’s LIABILITY UNDER ANY WARRANTY AND WHETHER IN NEGLIGENCE OR NOT, SHALL NOT EXCEED THE PRICE OF THE ORIGINAL LICENSE FEE PAID BY YOU THE END USER.

 

8. INDEMNITY:

  1. The Licensee assumes all responsibility for the use of the content supplied by Locally Stocked LLC. AND INDEMNIFIES AND HOLDS LOCALLY STOCKED LLC HARMLESS, ITS CONTRIBUTORS, AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES AGAINST ANY CLAIMS, LAWSUITS, DAMAGES, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) RESULTING FROM A FAILURE TO ABIDE BY ANY RESTRICTIONS OF THE USE OF CONTENT OR BY ANY UNAUTHORIZED USE OF THE CONTENT, OR ANY CLAIM MADE BY A THIRD PARTY RELATED TO THE SUE OF THE CONTENT BY YOU, THE END USER, CUSTOMERS OR ANYONE ACTING ON YOUR BEHALF.

  2. FAILURE TO SECURE RELEVANT RELEASES BY YOU IS CONSIDERED A BREACH OF THIS AGREEMENT AND ANY INTELLECTUAL PROPERTY RIGHTS, FOR WHICH YOU WILL BE SOLELY LIABLE FOR AND FOR WHICH YOU SHALL INDEMNIFY AND HOLD HARMLESS LOCALLY STOCKED LLC, ITS CONTRIBUTORS, AND ANY OF THEIR ASSIGNS, AGENTS OR EMPLOYEES.

 

9. ACCEPTANCE OF THE AGREEMENT

By downloading any of the Content through the Locally Stocked website you accept the terms and conditions set forth in this abiding agreement. If you are accepting this agreement on behalf of an employer or other entity, you warrant that you have full right to bind that person or entity to this agreement. If you do not have such authority or do not agree with the terms set forth in this agreement then do not download and use the content.