This Agreement governs the terms by which clients (licensee) of Stockimagehive obtain the right to use Image Content (Stock Assets) provided through the web site located at www.stockimagehive.com

• 1 Rights

1.1   The copyright of all Stock Assets offered by Stockimagehive are protected by the copyright law of the Federal Republic of Germany and international agreements. The client of Stockimagehive obtains a license for the use of the image as defined below. The client does not become the owner of the image but obtains a usage right.

1.2 Stock Assets offered by Stockimagehive are not registered at any royalty organization or trademark service and are free of rights and claims of any third persons and therefore are fully royalty free.

Therefore, the client has not to pay any additional fees to a rights organization or trademark service. Also, rights organisations are not authorized to collect any royalties on behalf of Stockimagehive.

1.3 The licensee is allowed to use the licensed images for a maximum of one project that is created for a customer of the licensee. The licensed Stock Assets can be used for the maximum of one customer of the licensee.

The licensee is not allowed to sublicense the Stock Assets.

• 2 License Options & Project Framwork

2.1   By paying the full license fees, Stockimagehive grants the client a perpetual, non-exclusive, non-sublicenseable, license to use the provided images.

2.2   The image license is given to the client on a worldwide usage base.

2.3   The images may be used within the following specified project frameworks that have to be specified during the purchase procedure by the client.

Stockimagehive offers the following project framework licenses:

2.3.1 Online License

The Online License is the right choice for nearly all commercial online usages like Websites, Commercial Publications on Youtube and other video platforms, online imagefilms, social networks, covers etc.

2.3.2 All Media License

The All Media License covers everything for the offline and print usage. Like Brochures, Flyers, Visiting Cards etc…
All usage options from the Online License are included in the All Media License!

2.3.3 Watermarked Demo License (Test & Demo License)

The Demo License can only be used for the purpose of testing and layouting. The license is meant as tryout for you and your your customers to see if you/they like the image in the project.

As we want you to be able to check if our image is fitting into your projects this free download option is solely for this purpose. Feel free to download without any costs all of our images and try it out in your projects. You can simply license later as the imagefile is exactly the same when getting a commercial license – so you can simply replace the testfile with the non watermarked version.

• 3 Restrictions

3.1   The images or parts of it may not be used, circulated or made available within image archives or image data banks. In addition it is strictly prohibited to trade or place the image in peer to peer (p2p) networks like eMule, Bittorrent etc…

3.2   The client is not allowed to reproduce images or parts of them for the purpose of resale as a standalone product or relicensing. The images always has been combined with another media like Trailer, Film, Multimedia Application and so forth. This also applies for modified images as described.

3.3  The client is not permitted to use the images in a way that incorporates material which the client does not own or has authority from a third party owner to use. The client is not allowed to 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.

It is not permitted to use the images in so called “Website Templates” which are made for resale without the agreement of Stockimagehive.

3.4   Usage that contravenes the laws of the Federal Republic of Germany, the European Union or is harmful to the public order or public morality is not allowed.

The client is not allowed to 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.

3.5 External Design Studios and Designers are not allowed to use any of the Stock Assets from Stockimagehive neither as non-commercial nor as commercial version. Publications of the images or parts of them under another Name or Label are strictly forbidden.

3.6 In general it is not possible to license the image productions for one of the following purposes:

– known unlawful usage
– for projects with pornographic content
– registering the image at a rights organization / trademark service

It is not allowed to 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.

All incidental damages arise from the above stated restrictions have to be fully acquit by the person who violated them.

• 4 Other Agreements

4.1 The laws of the Federal Republic of Germany applies, with the exclusion of UN sales law, as well as of the conflict of laws standards of international private law.

The place of performance is to the extent that it is legally permissible Radolfzell am Bodensee, Germany. The jurisdiction for all disputes is Radolfzell am Bodensee.

4.2 If all or part of any term of this agreement is wholly or partially unenforceable, the parties or a court of competent jurisdiction, shall put in place of such whole or part provisions, that nearly reflects the terms of an unenforceable whole or part provision.

4.3 Stockimagehive shall not be liable for any damages, costs or losses arising as a result from using the images by the customer or the context in which the images are used by the customer.

4.4 You acknowledge that you have read this agreement, understand it and had an opportunity to seek independent legal advice prior to agreeing to it. You agree to be bound by this agreement.

4.5 All prices stated in our shop are without any VAT. The reduced VAT-Rate of your country will be applied during the checkout process.

4.6 Digital Goods like eBooks, software and audio data are excluded from restitution due to the nature of the products (§312d, Abs.4 Ziff1, BGB)

4.7 All image productions will be provided as digital downloads. The customer has to take care that the email address he provides during the purchase process is valid, as the download data will be submitted to this email address. Stockimagehive does not guarantee unlimited online access to the licensed images. Therefore, the client must download the products immediately to his local devices.

4.8 EU Residents

Due to a binding law of the EU Nr. 524/2013 we include the following online link for clearing online disputes:
http://ec.europa.eu/consumers/odr/

4.9 Limitation of Liability

Notwithstanding anything to the contrary contained in the Terms or in any other agreement between you and us, irrespective of the number of times the Stock Asset is downloaded or licensed, our total maximum aggregate liability with respect to any Stock Asset will in no event exceed €1 per Stock Asset. Notwithstanding any otherwise applicable statute(s) of limitation, any action or dispute resolution proceeding must be commenced within two weeks of the act, event, or occurrence giving rise to the claim.

4.10 Disclaimers

We are not responsible, and expressly disclaim any liability, for:

• any use of Comp Licenses
• the accuracy of any Stock Asset, including any related descriptions, categories, captions, titles, metadata, or keywords included with any Stock Asset; and
• feedback, materials, or answers to questions provided to you by us or our representatives, whether about these Terms, your use or proposed use of a Stock Asset, or otherwise, all of which are provided as a courtesy only and do not constitute legal advice.

4.11 Reservation

If you have actual knowledge, or if you reasonably believe, that a Stock Asset may be subject to a third-party claim, then you must promptly notify Stockimagehive in writing. If Stockimagehive reasonably believes that a Stock Asset may be subject to a third-party claim, then we may instruct you to cease all use, reproduction, modification, display, performance, distribution, and possession of such Stock Asset, in which case you must:

• (1) promptly comply with such instructions; and
• (2) ensure your clients, distributors, employees, and employers, as applicable, also stop using the Stock Asset.

We may, at any time (1) discontinue the licensing of any Stock Asset; and (2) deny the downloading of any Stock Asset.

4.12 Injunctive Relief

In the event of your or others’ unauthorized access to, or use of, the Stock Assets in violation of these Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, without providing notice or opportunity to cure.

• 5 AI generated content

5.1 Stockimagehive only offers so called A.I. generated Images. This means that all images are generated by a software tool like Midjourney, Stable Diffusion, Blue Willow etc…

5.2 Stockimagehive relies on the actual law and jurisdiction for the licensing and usage of A.I. generated images. Therefore all offered images can be distributed and used as royalty free as (with actual legal informations from February 2023) no other third party content is affected directly. Until today the usage and licensing of A.I. generated images does not contravene against any law worldwide.