My Content License Agreement

How can I use the licensed content from The Starlit Path?

I wrote about the legal way to use the stand-out star stuff from this blog over here.

What follows is the license agreement between you and me that explains how you can use the content, photos, illustrations, vectors and video clips that you license from The Starlit Path.

By purchasing any license to use work from The Starlit Path in your personal or commercial projects, you accept the terms of this agreement.

Standard License:

Subject to certain restrictions and the rest of the terms of this agreement, the rights granted to you by me are:

+ Perpetual, meaning there is no expiration or end date on your rights to use the content.

+ Non-exclusive, meaning that you do not have exclusive rights to use the content. I can license the same content to other people.

+ Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Examples of how you can use licensed content include:

+ Websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.

Please make sure you read the Restricted Uses section below for exceptions. Restricted Uses are for unless an extended license is purchased.

Restricted Uses:

+ No Unlawful Use.

You may not use content in a pornographic, defamatory or other unlawful manner.

+ No Commercial Use of “Editorial Use Only” Content.

This type of content is not model or property released, and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).

+ You may not use content marked “Editorial Use Only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose.

+ 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). The idea is I release it for your use as part of a whole article or project.

+ No Use in Trademark or Logo.

You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

+ 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 False Representation of Authorship.

You may not falsely represent that you are the original creator of a work 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.

+ No Products for Resale.

Under the standard license, unless you purchase an extended license from me, 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 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)

+ Limited Print Run.

Under the standard license, unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction, which allows you no reproduction.

+ No Electronic Templates.

Under the standard license, 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).

With an extended license, these are the permitted numbers for electronic templates

1. Unlimited for electronic products such as mobile applications and electronic templates.

2. Up to 100,000 postcards, greeting cards or other cards, stationery, stickers and paper products;

3. Up to 10,000 posters, calendars or other similar publications, mugs or mousepads; or

4. Up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork.

Who, besides me, can use the licensed content?

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:

+ 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.

+ 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.

Are there any seat/user license restrictions?

Yes. The license is for a single user. This means that only one person (the same person who bought it) may access, license and use the content.

If you need more than a single user to access the content: please contact me to discuss my multi-user charge. If you purchase a multi-user extended license, I will provide you with the number of user accounts specified on your invoice.

Intellectual property rights – who owns the content?

All of the licensed content is owned by me or the bloggers, photographers, writers, artists who have supplied me. All rights not expressly granted in this agreement are reserved by me and my content suppliers.

Attribution.

Do I need to include a photo credit?  If you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “thestarlitpath.com/Tamika Scripps.”

You do not need to include a photo credit for commercial use.

Do I need to include a video credit? Yes, if technically feasible, you must include the following credit in visual productions: “thestarlitpath.com/Tamika Scripps”

Termination/Cancellation/Withdrawal.

+ Termination.

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.

I 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 me in writing that you have complied with these requirements.

+ 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.

+ Refunds/Cancellation.

File Download Refunds – I do not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of myself.

All requests for refunds/cancellations must be made in writing. If the request is approved, I will refund you. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

+ Content Withdrawal.

I may discontinue licensing any item of content, or make any item copyright, at any time in its sole discretion. Upon notice from me, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which I may be liable, I 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. I will provide you with replacement content (determined by me in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

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