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Stock License & Usage Agreement

(so that we can stay total besties forever)

The best foundation for any vibing and thriving relationship is just to let it all hang loose and get that uncomfortable boundaries and expectations talk out of the way right from the start. Ya feel?

So in the spirit of building AH-MAZING ties between you and myself, here is the breakdown of exactly what you can and cannot do with the photos and graphics in the Holmes House Creative Co. stock library.

The Basics

totally okay

Your purchase of Holmes House Creative Co. stock photography and graphics can be used for nearly any personal and business use, online and in print. 

This includes:

For example:

  • Website Headers
  • Page Buttons
  • Blog Post Images

For example:

  • Instagram Posts and Stories
  • Facebook Cover, Posts, and Ads
  • Pinterest Graphics

For example:

  • Email and Newsletters
  • Direct Mail
  • Print Advertising
  • Business Cards

For example:

  • Checklists
  • Workbooks
  • .PDFs
  • Ebooks

* The image used cannot be the main component of your download, and needs to be embedded so that your audience cannot pull out the HHCC stock image or graphic for their own use.

For example:

  • Keynotes
  • Powerpoints
  • Webinars
  • E-Courses

You can also…

Use your purchased stock materials for all of your businesses or sites – no more purchasing double licenses or subscriptions!

Modify your purchased stock images and graphics to better suit your business; this includes using cropping, editing presets, filters, text, and color overlays.

really not cool

There are a few things that are not okay to do with your Holmes House Creative Co. stock photos and graphics. Please be familiar with them so that you don’t get called into the principal’s office. But don’t worry – I promise they’re totally reasonable and no-brainers.

You cannot:

While you can use your purchases for any of your own businesses (no matter how many as long as you are the owner!), it is not okay for you to give away or “lend” your purchases to anyone else. 

What about for clients?

Sorry, but you can’t use your membership to pull assets for your clients. They will need to either purchase the images individually or sign up for their own membership. However, both of our membership tiers are super affordable! 

You cannot resell any Holmes House CC materials, whether purchased or freebies. This applies even if you have modified it with your own filters or text.

Use in courses or opt-ins is different as they are used in a much larger work that is original to you.

If you have any questions about whether a use would be considered “reselling” or not contact me here.

When you purchase stock photos or graphics from Holmes House CC (or purchase a membership), you are purchasing a commercial license that gives you permission to utilize those materials. You are not purchasing the copyright or full rights to own those materials.

Full copyright ownership is and will always belong to Hannah Holmes and Holmes House Creative Co.

You are not required to credit Holme House CC when using your licensed materials, but don’t be dishonest and claim it as your own original work. That’s really not cool. 

Similar to the “Resell” rule above, you can’t use HHCC materials to create very similar products to sell or to give away for free.

These are different from opt-in items or course materials which are much larger original creations – derivatives mainly rely on the stock photo or graphics and are not original.

For example:

  • Templates
  • Printables and Art Prints
  • Mugs
  • Calendars
  • Quote Graphics (commercially sold or given away – not those used in your own marketing)
  • Screensavers and Desktop Backgrounds

If you have any questions about whether a use would be considered “derivative” or not you can contact me here.

It probably goes without saying, but it’s totally not cool to use HHCC materials to promote or sell other stock photography or graphic products, services, resources, or courses. 

If you’re building your own stock shop, good for you! I 100% support you in following your dream. Start off on the right foot by being totally honest with your audience by using your own work to promote what you’re building. (You got this!)

Are you a social media manager or web designer needing a stock library to use for clients?

Let’s make magic! Get in touch for a customized Membership package.

The Full Legalese
The full legal mumbo-jumbo is below. Listen, I admit it’s a total pain and it’s teensy bit long and boring, BUT it protects us both so that nobody is confused about the parameters of this cool thing we got going here.  I highly recommend you take a few minutes to look it over – the plain english breakdown is above, but when you purchase a membership or a stock product from Holmes House Creative Co., you are agreeing to the stock contract below.  (I promise you’re not signing away your first born child, your voice box, or your mermaid tail away.)

This agreement, effective immediately upon date of purchase, between Holmes House Creative Co., a business maintaining a stock seller website at holmeshousecreative.com [“SELLER”], and the purchaser [“BUYER”].

WITNESSETH

WHEREAS, Seller is the owner of various stock photographic images, graphics, and related intellectual property; and

WHEREAS, Seller is the owner of the copyright rights to the stock photographic images, graphics, and related intellectual property; and

WHEREAS, Seller has the sole and exclusive right to sell, license, or authorize the use of such images, graphics, and intellectual property; and

WHEREAS, Buyer desires the right to purchase certain images or graphics for certain commercial purposes; and

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and other valuable consideration as hereinafter described, the parties hereto agree as follows:

THE GRANT 

a. The Seller hereby grants the Buyer the right to utilize certain photograph[s] and graphic[s], more particularly described as:

  1. Any individual stock images or graphics purchased by Buyer from Holmes House Creative Co.
  2. Any individual stock images, graphics, or groups of stock images or graphics gifted to Buyer from Holmes House Creative Co. in return for Buyer signing up for Holmes House Creative Co. email communications.
  3. Any stock photographs and graphics available in the Holmes House Creative Co. stock library, provided that the Buyer has purchased a Holmes House Creative Co. membership. 

b. The use of such photograph[s] and graphic[s] described in paragraph I(A) above, is limited to the following uses:

  1. Buyer may use in personal or business use, online and in print, including website design, newsletters, and social media marketing.
  2. Buyer may use the materials to create opt-ins such as checklists, workbooks, .PDFs, ebooks, so long as the image or graphic is not the main component of the download and cannot be extracted from the download by a third party.
  3. Buyer may use the materials for multiple businesses/blogs for which the Buyer is the sole owner.
  4. Buyer may use in Keynote, Powerpoint, webinar, and e-learning presentations.
  5. Buyer may modify the materials using cropping, editing presets, filters, or color overlays to better represent their business.

c. The Territory of this Agreement is not limited.

d. The terms of this agreement shall not be assignable or sub-licensable by the Buyer without the prior written consent of the Seller.

e. In consideration for the grant of this license, Buyer hereby covenants and agrees to pay Seller in accordance with the terms set forth below.

USE OF IMAGES

a. Buyer agrees to utilize the photograph[s] and graphic[s] in a commercially reasonable manner and in such manner that will not harm the professional reputation of Seller. The Buyer agrees not to utilize the photograph[s] and graphic[s] in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of the Seller.

b. Buyer shall not resell any stock image as an individual stock image, market the stock image independently of any newly created work, or utilize the stock image for any other purpose than expressly granted herein.

c. Buyer shall not use the materials to promote or sell other stock photography products/services/resources/courses, whether free or paid.

d. Buyer shall not otherwise alter, edit or manipulate the image, or claim the image as their own.

e. Buyer shall not sell, lease, loan, transfer, assign, or give away the materials or a derivative thereof or otherwise allow a third-party to use the image in any way.

f. Buyer shall not create derivative products from the images such as templates, screensavers, quote graphics, desktop calendars, printables, art prints, mugs, calendars, clipart, invitations or any such products, either for sale or to give away for free.

g. Seller and Buyer shall at all relevant times herein maintain the utmost good faith and fair dealing in their mutual duties under this agreement.

COPYRIGHT

a. Buyer acknowledges that the Seller shall remain the sole author, sole owner and sole copyright claimant of any licensed photograph[s] and graphic[s] and does not transfer ownership or control of said copyrights except as hereto agreed.

b. Buyer is not required to post copyright notice with each use of licensed photo[s] or graphic[s].

ACKNOWLEDGMENT OF RIGHTS

Buyer acknowledges and agrees not to contest, or assist or induce others to do so, the Sellers rights in and to any photograph[s] and graphic[s].

CONSIDERATION

The Buyer hereby agrees and undertakes to pay the following consideration to the Seller for the use of the photograph[s].

  1. The current stock photograph[s] and graphic[s] prices set forth buy the Seller and specified on holmeshousecreative.com at the time of purchase, if purchasing individually.
  2. The current membership price set forth by the Seller at the time of purchase, for either a quarterly membership or an annual membership, in order to receive unlimited access to stock photographs and graphics available in the Holmes House Creative Co. stock library during the membership period.

MISCELLANEOUS 

a. This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorize or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations.

b. This Agreement represents the entire agreement of the parties, and all prior assertions, understandings, warranties and representations are merged herein. It is a final integrated Agreement which embodies all the terms, conditions, and representations between the parties, and the parties make no warranties, covenants or agreements, express or implied, except as expressly set forth herein.