License agreement

ArabsStock License Agreement
Terms of service
Dear ArabsStock Customer:

The following Terms of Service ("TOS") is a legal agreement between you (or and other person or entity officially represents you) are included into this agreement ("you" or "Customer") and ArabsStock (as such term is defined in Section below) and sets the rights and obligations with respect to any content licensed by you. By reading this TOS, you verify that your country of residence is the same as your billing address.

Please revisit this TOS when you pay for any content licenses.
ArabsStock reserves the right to modify the TOS at any time in its point of view. Before activating these changes, ArabsStock will exert reasonable efforts to notify you of any such change through a written email to your email address that you wrote at your account, an announcement on this page, your login page, and/or by other methods. Modifications to this TOS will only apply to potential purchases (including any automated renewals). By licensing content following any such modifications, you agree to be committed to the TOS as modified.

  • "Content" means all licensed content available at the ArabsStock website, including Images, Footage and Vector (as defined herein.)

  • "Footage" means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.

  • "Image(s)" means still photographs, vectors, drawings, graphics, and the like.

  • "Editorial" means still photographs and footage appearing under the Editorial tab/section/Lable.

  • "Visual Content"shall refer collectively to Images, and Footage.

Part I – Visual Content Licenses

Based on this TOS, ArabsStock give you a non-exclusive, non-transferable right to use, modify (except as expressly forbidden here) and reproduce visual content worldwide, as expressly permitted by the applicable license and subject to the limitations set herein:

  1. IMAGE LICENSES

    1. A STANDARD IMAGE LICENSE grants you the right to use Images:

      1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.), subject to the budget limitations set in next sub-section with a total of no more than 500,000 impressions);

      2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;

      3. As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such campaign is less than 500,000 gross impressions.

      4. Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;

      5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

    2. AN ENHANCED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):

      1. In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;

      2. Incorporated into merchandise intended for sale or promotional distribution (collectively "Merchandise"), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).

      3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.

      4. Incorporated as elements of digital templates for sale or distribution.

    3. If the image Use License does not grant the rights you require, please contact Customer Service. (Email: [email protected])

    4. AN EXCLUSIVE images LICENSE grants you the right to use all above points, and no any other client will be able to license same content for 2 years starting from your purchase, after 2 years, the content will be available again for other clients.


b. VIDEO LICENSES


    1. A STANDARD VIDEO USE LICENSE grants you the right to use Video:

      1. in a multi-media production displayed or distributed via the web, on social media, using so-called "Apps", or as otherwise disseminated in accordance herewith (see restrictions for distribution limitations), provided the audience for such production does not exceed 500,000, it being understood that the use of Video in a multi-media production distributed via broadcast, cable network, OTT video service, or in theaters is expressly prohibited under this license, irrespective of audience size;

      2. in connection with a live performance, provided the audience for all such performances does not exceed 500,000 people;

      3. on websites.

    2. AN ENHANCED VIDEO USE LICENSE grants you the right to use Video:

      1. in a multi-media production displayed or distributed via the web, on social media, using so-called "Apps", and expressly including the right to distribute via broadcast, cable network, OTT video service, or in theaters, with no limitation on audience size;

      2. in connection with a live performance, with no limitation on audience size;

      3. In Digital Templates for resale, for up to (but not exceeding) 1,000 licenses to such digital templates;

      4. on websites.

    3. If the Video Use License does not grant the rights you require, please contact Customer Service. (Email: [email protected])

    4. AN EXCLUSIVE VIDEO LICENSE grants you the right to use all above points, and no any other client will be able to license same content for 2 years starting from your purchase, after 2 years, the content will be available again for other clients.


c. EDITORIAL LICENSE
An Editorial Use License allow you to use Editorial:

1.AN EDITORIAL LICENSE grants you the right to make a single, editorial use of an item of Editorial content, which single use may be distributed worldwide, in perpetuity.

2. A "single use" for the purposes of this license permits the use of Editorial content in a single context (i.e., a news story, blog post, page of a publication) a single time, provided you shall have the right to distribute that use in-context across unlimited mediums and distribution channels. For example, the use of Editorial content to illustrate a printed article, maybe reused on a blog, on social media, etc., provided it is in-context to the original printed article. Any use not in-context to the original printed article would require an additional license.

3. An "editorial use" for the purposes of this license shall be a use made for descriptive purposes in a context that is newsworthy or of human interest and expressly excludes commercial uses such as advertising or merchandising.

4. Editorial Content Standard License:

Any use of the Editorial Content licensed below is subject to the express restrictions set forth in this Agreement (prohibiting any use distributed via broadcast/cable/OTT, on publication covers, and in publications over 500,000) as well as any “special restrictions” (eg , geographic or industry-specific usage restrictions) indicated on the image details page and/or included in the metadata attached to an editorial content item.

5. Enhanced License for Editorial Content:

Any use of the Editorial Content licensed below is subject to the express restrictions set forth in this Agreement (and may be used in Content distributed via Broadcast/Cable/OTT, on publication covers, and in print without limitation) subject to any “Special Restrictions” (for example: example, geographical or industry-specific usage restrictions) indicated on the image details page and/or included in the metadata attached to an editorial content item.

6. All editorial content is considered “editorial use only” for the purposes of these Terms of Service.

7. Not all editorial content is available for licensing from Arabsstock, nor may it be available from all subscriptions. You understand that the editorial content available for licensing can change at any time and you will not have the right to demand the licensing of any particular element of the editorial content. If you wish to license any editorial content that is not available for licensing from the Site, please contact Customer Service. (Email: [email protected]).


Part I.I – Restrictions on Using Visual Content
You cannot:

1. Use Visual Content without considering what expressly written by the license you purchased that related to this Visual Content.

2. Capture a photo for any person depicted in Visual Content (a "Model") with an aggressive way that any reasonable person may dislike it, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) related to the advertisement or promotion of smoking products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, fundraising, losing a loved one or orphans, a physical or mental ailment; or e) engaging in punk or criminal activities.

3. Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.

4. Modify Visual Content designated "Editorial Use Only" in a manner that changes the context of what is depicted.

5. Use Visual Content designated "Editorial Use Only" (including, but not limited to, Editorial content) for commercial purposes, including for reference, in any advertising, merchandise or other non-editorial contexts.

6. Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.

7. Use Visual Content in a manner that violate any third party's trademark or other intellectual property, or would lead to a claim of tricky advertising or unfair competition.

8. Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

9. Wrongly represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.


Part I.II - Restrictions Specific to Footage

  1. It is prohibited to use "stills" derived from Footage but just in the in-context related to marketing, promotion, and advertising purposes.


    Part I.III – Restrictions Specific to Editorial

    1. Use any Editorial content in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters, or in related promotional materials.

    2. Use any Editorial content on a publication cover, jacket, or other packaging related to the underlying use.

    3. Use any Editorial content in a publication with a print run in excess of 500,000 copies.


      Part I.IV – CREDIT AND COPYRIGHT NOTICES

            1. The use of Images and Footage in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the ArabsStock contributor and to ArabsStock in substantially the following form:

                  "Name of Artist/Arabsstock.com"

                  2. Editorial credits shall take the following form:

                  "Name of Artist / Agency / Arabsstock "

                  3. If and where commercially reasonable, the use of Images or Footage in Merchandise or an audio-visual production shall be accompanied by a credit to ArabsStock  in substantially the following form:

                  "Image(s) or Footage (as applicable), used under license from Arabsstock.com"

                  4. Credit attributions are not required in connection with any other use of Footage or Images unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.

                  5. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.


                  Part II - Warranties and Representations

                  1. ArabsStock warrants and represents that:

                  a. The contributors of ArabsStock have given ArabsStock all necessary rights in and to the content to grant the rights set in previous parts as appropriate.

                  b. All original footage and images and which used in full compliance with this TOS and applicable law, will not: i) violate any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any UAE law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene..

                  c. Editorial content in the original unaltered form and used in full compliance with this TOS and applicable law, will not infringe a third party’s copyright, it being understood that the foregoing warranty does not apply to elements depicted in the Editorial content.

                  2. While ArabsStock makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated "Editorial Use Only", ARABSSTOCK MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; OR II) AUDIO IN FOOTAGE. For the sake of clarity, ArabsStock will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage.

                  3. ArabsStock will not provide any representations or warranties but those expressly explained here in this "warranties and representations" section.


                  Part III - Indemnification and Responsibility

                  1. ArabsStock will defend, indemnify, and hold you harmless according to the applicable "Limit of Liability" set forth below, if you have considered the terms hereof, and provided that you have not breached the terms of this or any other agreement with ArabsStock, Such indemnification is limited only to Customer’s direct damages arising from a third-party claim directly lead to ArabsStock’s breach of the express warranties and representations made in Part II hereof, including related expenses as reasonable attorneys’ fees. You can have indemnification, provided that you notifying ArabsStock, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim (e.g., The use of disputed content, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be delivered by e-mail to ArabsStock at [email protected] , ArabsStock shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with ArabsStock in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that ArabsStock is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to ArabsStock having a reasonable opportunity to analyze such claim’s validity.

                  2. ArabsStock shall not be reasonable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

                  3. Limits of Liability: ArabsStock’s total maximum obligations and responsibilities (the "Limit of Liability") arising out of each of customer:

                  - Image Licenses shall be USD $10,000.

                  - Footage Use Licenses shall be USD $10,000.

                  - Editorial Licenses shall be USD $10,000.

                  4. You will indemnify and hold ArabsStock, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind caused by your use of the Visual Content other than the uses expressly allowed by this TOS. You also agree to indemnify ArabsStock for all costs and expenses that ArabsStock pay in the event that you breach any of the terms of this or any other agreement with ArabsStock.

                  Part IV - Additional Terms

                  1. Except when required by law, ArabsStock shall not be bound to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize ArabsStock to charge you all subscription fees for the duration of the term agreed to at the time of purchase. If ArabsStock determines that you are entitled to a refund of all or part of the fees you paid, you should use the same payment method originally used by you to make your purchase, provided that you have not yet downloaded or licensed any Visual Content.

                  2. Your plan will automatically renewed on the same terms as your original plan purchase, after the expiration of your subscription plan. You can disable automatic renewal at any time prior to renewal using your account settings or payment gateway provider. You expressly accept paying for ArabsStock for each automatic renewal until you timely disable automatic renewal.

                  3. If ArabsStock is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, etc.) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where ArabsStock or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

                  4. "Non-transferable" as used herein means that except as specifically provided in this TOS, you are not allowed to sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You can transfer the content to a third party for the sole purpose of enable the third party to print and/or manufacture your goods incorporating content subject to the terms and conditions herein. If you notice that this content is used at any social media website in a manner that exceeds your license hereunder, you agree to remove all remove and delete works incorporating content from such Social Media Site, and to immediatly notify ArabsStock of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from repeating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at [email protected] .

                  5. Based on notification from ArabsStock or if you learn that any content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which ArabsStock may be liable, or if ArabsStock removes any Content due to perceived business risk as determined in ArabsStock's reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. ArabsStock shall provide you with comparable Content (which comparability will be determined by ArabsStock in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS.

                  6. If you use any content as part of work developed for products that delivered to a client or customer, you will disclose the names of such clients or customers to ArabsStock, upon ArabsStock’s reasonable request.

                  7. Arbitration.

                  a. Any disagreement or claim arising out of or related to these terms of service, or any breach thereof, shall be friendly solved between the parties first, and the request for judgment in it may be made through the specialists, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of UAE. The language of the arbitration shall be Arabic. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to ArabsStock. This arbitration provision will survive termination of this TOS.

                  b. You and ArabsStock agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and ArabsStock agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and ArabsStock acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.

                  c. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the UAE Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of UAE. The language of the arbitration shall be Arabic. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. ArabsStock 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, in the opinion of ArabsStock, such action is necessary or desirable.

                  8. This TOS shall be interpreted neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This TOS are governed by and shall be construed in accordance with the laws of UAE, without respect to its conflict of laws principles.

                  9. If you are reading this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to work as stipulated. If you have not such authority, you agree that you will be personally liable to ArabsStock for any breaches of the terms of this TOS. You hereby grant ArabsStock a worldwide, non-exclusive, limited license to use your trademarks in ArabsStock’s promotional materials, including a public customer list. ArabsStock's use of your trademarks shall at all times conform to your then-current trademark use policies as made available to ArabsStock and shall at all times inure to your benefit. ArabsStock further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by ArabsStock of your email request to [email protected]

                  10. The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty-four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on June 5, it will renew on July 5. If you purchase a monthly subscription on March 31, your subscription will renew on April 30.

                  11. It is not allowed for any party to assign this agreement, without the prior written approval of the other party, except that ArabsStock may assign this agreement to a subsidiary, an affiliated company within the ArabsStock group, the entity that results from a merger or other corporate reorganization involving ArabsStock, or an entity that acquires all or substantially all of ArabsStock’s assets or capital stock.

                  12. Unless otherwise stated in the coupon, or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase. If any individual term of this TOS 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 this TOS, so that this TOS shall otherwise remain in full force and effect.

                  13. You expressly agree that any feedback provided to you by ArabsStock or its representatives regarding any questions you may have about this TOS or your use of content licensed hereunder, is only for the purpose of explaining this TOS and is not legal advice. ArabsStock cannot provide legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by ArabsStock or its representatives.

                  14. It is expressly understood that this TOS is written for providing mutual benifits for all parties, and there is no planned or intended benefits, rights, duties, or obligations by this TOS as to third parties.

                  15. If you violate any of the terms of this agreement or any other agreement with ArabsStock, ArabsStock has the right to terminate your account without any notice, in addition to ArabsStock's other rights under the law and / or property rights. ArabsStock is not obligated to refund any fees you have paid in the event that your account is terminated due to a breach.

                  16.Except as expressly provided in this TOS, ArabsStock does not grant any rights nor make any guarantees, regarding the use of personally identifiable information that may be contained in the content, or any audio in footage, trademarks, commercial appearance, designs or Illustrated art or architecture in any visual content is copyrighted. ArabsStock only has model or property releases that are explicitly mentioned on the arabsStock website.

                  17. ArabsStock's liability under any individual license purchased under this agreement must not exceed the "liability limit" applicable to the license in effect at the time the customer knew or should have known about the claim, and regardless of how many times the subject matter of the content is licensed or used by you.

                  18. Except as specifically provided for in Part III of this document, ArabsStock shall not take the responsibility towards you or any third party claiming through you, arising out of or in connection with your use or inability to use the websites and / Or ArabsStock content contained in it (whether in contract, tort, or otherwise) exceeds the amount of money ArabsStock actually received from you in exchange for the applicable content license.

                  19. Neither ArabsStock nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, ArabsStock's breach of this agreement, or otherwise, unless expressly provided for herein, even if ArabsStock has been advised of the possibility of such damages, costs or losses.

                  20. Except as expressly provided in Part III, all content is provided "as is" without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability, or fitness for purpose. Some content may contain elements that require additional permission if the content is modified or used in a specific context. If you make such modification or use the content in such a context, you are solely responsible for obtaining any additional permissions required.

                  21. ArabsStock does not guarantee that ArabsStock content, websites, or other materials will meet your requirements or that such use will be uninterrupted or error-free. The entire risks related to the quality, performance and use of the content are yours alone.

                  22. In the event that you use fraudulent credit card information to open an account or engage in any criminal activity affecting ArabsStock, ArabsStock will promptly file a complaint to the appropriate authorities.