PROMEDIASTOCK TERMS & CONDITIONS
Update Aug. 2024.
Promediastock provides ready-to-use Photos, Videos and Reel clips that you can use for a wide variety of projects. When you download a file on Promediastock, you’re buying a license that let you use the file. Each file on Promediastock can be divided in three types of licenses:
1 - Editorial Use - online use only:
Images, Videos and Reels labelled for "Editorial Use Only" are intended for non-commercial use and can be used in:
- Newspapers
- Magazines
- Editorial broadcasts
- Non-commercial blogs
- Other non-commercial media outlets
Important Notice:
- These Images, Videos and Reels do not have model or location release forms.
- They cannot be used for commercial, promotional, advertorial, endorsement, advertising, or merchandising purposes.
- Any use that portrays identifiable persons in a way that could be considered negative or offensive is strictly prohibited.
2 - Commercial Use - online use only:
Images, Videos and Reels labelled for "Commercial Use" are available for use in:
- Online Advertising campaigns
- Online Marketing materials
- Online Promotional projects
- Business websites
- Other Online Commercial endeavors
Important Notice:
- These Images, Videos and Reels do not have model or location release forms.
- You are solely responsible for obtaining any additional permissions required for commercial use, including but not limited to model releases, property releases, and any other third-party rights.
- Usage must not infringe on the rights of identifiable individuals or properties depicted in the media.
3 - Printable Art:
This is only for personal indoor use ONLY.
FOR ALL COMMERCIAL PRINT MEDIA USE CONTACT: shop.promediastock@gmail.com
You are welcome to use watermarked content from the Promediastock site on a complimentary basis for test or sample layout (composite) use ONLY.
Watermarked content cannot be used in any final materials or any publicly available materials.
You may use content in any way that is not restricted.
Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Promediastock are:
A - Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
B - Non-exclusive, meaning that you do not have exclusive rights to use the content. Promediastock can license the same content to other customers.
C - Worldwide, meaning content can be used in any geographic territory online.
All Promediastock licenses are for a single user.
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else.
There are two exceptions:
A - Employer or client:
If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
B - Subcontractors:
You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
A - Identity:
The digital goods and services offered on this platform are provided under the commercial name "ProMediaStock," which is operated for the online selling of products by Inge Van Altena Photography, herein after referred to as "the Artist" or "Promediastock"
B - Who owns the content?
All digital goods made available on this platform are the intellectual property of "Inge Van Altena Photography".
All of the licensed content is owned by either "Promediastock" or the artist “Inge van Altena Photography” who supply the content.
C - Commercial Name:
"ProMediaStock" is used as a commercial name for the convenience of online selling and is not a separate legal entity. Any references in these terms and conditions to "ProMediaStock" should be understood as referring to the online selling activities conducted by Inge Van Altena Photography.
D - Do I need to include a photo credit?
You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “ Promediastock / Inge van Altena Photography".
E - Contact Information:
For any inquiries or concerns related to ProMediaStock, you can contact our customer support team at shop.promediastock@gmail.com.
We are here to assist you!
A - No Unlawful Use:
You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.
B - No Commercial Use of "Editorial Use Only" Content:
You may not use content marked "editorial use only" for any commercial, promotional, advertorial, endorsement, advertising, gambling / betting / gaming uses or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article).
C - No Standalone File Use:
You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
D - No Use in Trademark or Logo:
You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo.
Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
E - Sensitive Use Disclaimer Required:
If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model." No disclaimer is required for "editorial use only" content that is used in an editorial manner.
F - No False Representation of Authorship:
You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
G - No Products for Resale:
You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
H - No Electronic Templates:
Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
I - No Machine Learning, AI, or Biometric Technology Use:
You may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons.
A - Warranty of Non-Infringement:
Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered by Promediastock will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
B - ”Editorial Use Only" Warranty Disclaimer:
For content identified as "editorial use only"; Promediastock warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial use only," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release.
C - Caption/Metadata Disclaimer:
While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Promediastock does not warrant the accuracy of such information, or of any metadata provided with the content.
A - Except in the case of subscriptions:
This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Promediastock may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Promediastock in writing that you have complied with these requirements.
B - Social Media Termination:
If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
C - Content Withdrawal:
Promediastock may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Promediastock, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Promediastock may be liable, Promediastock may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Promediastock will provide you with replacement content (determined by Promediastock in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
D - Effect of Termination on Used Content:
In the event of termination, whether initiated by either party or due to a violation of the terms, the rights granted for the use of content prior to termination shall be immediately revoked. You are hereby notified and obligated to cease all use, distribution, or display of the licensed content within 7 days from the termination date. During this period, you must delete or destroy all copies of the content in your possession or control, and you shall confirm in writing to Promediastock, within the same timeframe, that you have fully complied with these requirements.
E - Failure to adhere to this notice:
Failure to adhere to this notice within the stipulated time frame shall result in legal action by Promediastock to enforce the termination and seek damages for any unauthorized use of the content beyond the termination date. Additionally, any continued use of the content after the specified period shall be considered a breach of this agreement and may result in further legal action.
F - Additionally:
Any continued use of the content after the specified period shall be considered a breach of this agreement and may result in further legal action.
Upon purchasing a license for Promediastock content, users acknowledge and agree that all sales are final, and Promediastock does not offer refunds.
It is the responsibility of the user to carefully review the your email address, content and licensing terms before completing the purchase.
By proceeding with the transaction, the user understands and accepts that no refunds will be provided for any reason.
Promediastock does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Promediastock.
Contact Information:
For any inquiries or concerns related to ProMediaStock, you can contact our customer support team at shop.promediastock@gmail.com.
We are here to assist you!
A - Delivery of Digital Goods:
At ProMediaStock, we specialize in providing high-quality digital goods, including photographs and videos. As these are digital products, there are no shipping costs or physical delivery methods involved.
B -Order Processing Time:
Upon successful payment verification, customers will receive an email containing their purchased digital goods including the Licence KEY. Our team works diligently to process orders promptly, and in most cases, customers can expect immediate access to their files. However, in certain situations, it may take up to a few hours for the payment to be validated.
C - Delivery Process:
1. Payment Confirmation:
Once your payment is successfully processed, you will receive an email confirmation.
2. Email Delivery:
Your digital goods will be delivered to the email address provided during the checkout process.
3. Download Files:
The email will contain the link with your purchased files including the Licence KEY. You can simply download them.
D - Risk of Failed Delivery:
It is crucial to ensure that the email address provided during the purchase is accurate. In the event of an incorrect email address, there is a risk of failed delivery. To mitigate this risk, please double-check and verify your email address before completing the purchase.
E - Contact Information:
If you encounter any issues with your digital goods delivery or have questions regarding your order, please contact our customer support team at shop.promediastock@gmail.com.
We are here to assist you and ensure a smooth delivery process.
F - Refunds and Returns:
CF Chapter 8 - PAYMENT - REFUNDS, we do not typically offer refunds. However, if you encounter any issues with your purchase, please reach out to our customer support team, and we will do our best to address your concerns.
Effective Date: DECEMBER 2023. Update August 2024.
1. Overview:
ProMediaStock is committed to safeguarding the privacy of our users. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information when you use our website and services.
2. Information We Collect:
a. Personal Information:
When you make a purchase, we collect information such as your name, email address, and payment details to process and fulfill your order.
b. Usage Data:
We automatically collect information about your interaction with our website, including your IP address, browser type, and pages visited.
3. How We Use Your Information:
a. Order Fulfillment:
We use your personal information to process orders, deliver digital goods, and provide customer support.
b. Communication:
We may use your email address to send important updates, order confirmations, and promotional materials. You can opt out of promotional emails at any time.
4. Data Security:
a. Secure Transactions:
We use industry-standard security measures to protect your payment information during transactions.
5. Third-Party Services:
a. Payment Processors:
We partner with reputable payment processors to securely handle transactions. Your payment details are not stored on our servers.
b. Analytics:
We may use analytics services to better understand user behavior on our website, but no personally identifiable information is shared with third-party analytics providers.
6. Cookies:
a. Usage:
We use cookies to enhance your browsing experience. You can choose to disable cookies through your browser settings, but it may affect the functionality of our website.
7. International Data Transfers:
a. Location of Data:
Your information may be transferred to and stored on servers located in Curacao or other countries. By using our services, you consent to the transfer of your information.
8. Changes to the Privacy Policy:
a. Updates:
We reserve the right to update this Privacy Policy. Any changes will be communicated through our website, and the updated policy will indicate the effective date.
9. Contact Us:
If you have any questions or concerns about our Privacy Policy, please contact us at
shop.promediastock@gmail.com.
Thank you for trusting ProMediaStock with your digital content needs.
A - Indemnification of Promediastock by you:
You agree to defend, indemnify and hold harmless Promediastock and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
B - Indemnification of you by Promediastock:
Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties Promediastock agrees, subject to the terms, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Promediastock of its warranty above.
Note 1: This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you.
Note 2: This indemnification also does not apply to your continued use of content following notice from Promediastock, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
- By downloading and using these images and videos, you agree to comply with the license terms and acknowledge the absence of model and location release forms.
- Any misuse or unauthorized use of the media is strictly prohibited and may result in legal consequences.
Promediastock
is allowed to adjust the terms and conditions at any time.
Last updated: Augst 2024.