Content License Agreement

and the individual or legal entity that purchases, downloads, accesses or uses Content through PhotoBank (“Licensee,” “you” or “your”).

By purchasing, downloading or using Content, you agree to be bound by this License Agreement.

2. Relationship With Other Terms

This License Agreement should be read together with:

• the PhotoBank Terms of Service;
• the PhotoBank Privacy Policy;
• the PhotoBank Copyright Policy;
• the PhotoBank Acceptable Use Policy;
• the PhotoBank AI Content Policy;
• the license information displayed on the Content page;
• any written custom or enterprise license.

If there is a conflict concerning the permitted use of licensed Content, this License Agreement and the license type shown at the time of purchase will prevail over the general Terms of Service.

A separately signed custom or enterprise license will prevail over this License Agreement to the extent of a direct conflict.

3. Definitions

Buyer

means a person or organization purchasing or obtaining a license through PhotoBank.

Content

means photographs, illustrations, vectors, videos, animations, graphics, templates and other digital media made available through PhotoBank.

Contributor

means the creator, copyright owner or authorized provider of Content.

Editorial Content

means Content designated for editorial, journalistic, documentary, educational, cultural or public-interest use.

License

means the limited permission to use Content under the conditions stated in this License Agreement.

Licensee

means the person or legal entity identified as the purchaser or authorized user of a License.

Merchandise

means a physical or digital product offered for sale or distribution, including clothing, posters, calendars, mugs, cases, stationery, templates and downloadable products.

Platform

means photobank.online and the associated PhotoBank services, applications, interfaces and systems.

Seat

means one authorized individual who may access and use licensed Content on behalf of the Licensee.

Standalone Use

means use where the Content is distributed, displayed or sold substantially in its original form and forms the primary value of the resulting product.

4. Nature of the License

Unless a Content page or written agreement expressly states otherwise, PhotoBank grants you a:

• limited;
• non-exclusive;
• non-transferable;
• non-sublicensable;
• worldwide;
• revocable upon material breach

license to use the selected Content only in accordance with this License Agreement and the applicable license type.

You purchase a license to use Content. You do not purchase copyright ownership or any other intellectual property ownership in the Content.

5. Ownership

Copyright and all other intellectual property rights in Content remain with:

• the Contributor;
• the original copyright owner;
• Lumina Stock Media S.R.L., where applicable;
• another identified rights holder.

No ownership rights are transferred to the Licensee.

All rights not expressly granted under this License Agreement are reserved.

6. Available License Types

PhotoBank may offer one or more of the following license types:

• Standard Commercial License;
• Extended Commercial License;
• Editorial License;
• Subscription License;
• Enterprise License;
• Custom License;
• Promotional or Trial License.

The license type applicable to a transaction will be shown on the Content page, checkout page, invoice, download record or written agreement.

PhotoBank may introduce additional license types in the future.

7. Standard Commercial License

A Standard Commercial License allows Content to be used as part of a larger creative project for commercial or non-commercial purposes, subject to this Agreement.

7.1 Permitted Standard Uses

Subject to all restrictions, a Standard Commercial License may permit use in:

• websites and landing pages;
• blogs and online articles;
• social media posts;
• digital advertisements;
• email newsletters;
• business presentations;
• printed brochures and leaflets;
• catalogues;
• magazines and newspapers;
• books and educational materials;
• packaging;
• signage;
• corporate reports;
• mobile applications;
• software interfaces;
• film, television and online video;
• podcast artwork;
• event materials;
• internal business communications.

7.2 Standard License Limits

Unless another limit is displayed at the time of purchase, the Standard Commercial License may be subject to:

• a maximum number of printed copies;
• a maximum number of digital impressions;
• a maximum production budget;
• a maximum audience size;
• one authorized Seat;
• restrictions on Merchandise;
• restrictions on templates and on-demand products.

The final numerical limits must be published before paid commercial licensing is activated.

8. Extended Commercial License

An Extended Commercial License may permit uses beyond the Standard Commercial License.

Depending on the option purchased, an Extended License may permit:

• larger print runs;
• larger digital audiences;
• use on Merchandise for resale;
• use in product packaging at greater scale;
• use in certain templates;
• use in certain applications or digital products;
• additional Seats;
• enterprise-wide use;
• other uses expressly described at checkout.

An Extended License does not transfer ownership of the Content and does not remove the general prohibited-use restrictions.

9. Editorial License

Content marked “Editorial Use Only” may be used only for purposes such as:

• news reporting;
• documentary reporting;
• public-interest commentary;
• historical discussion;
• cultural reporting;
• educational analysis;
• non-promotional publications concerning newsworthy events.

Editorial Content must not be used for:

• commercial advertising;
• product endorsements;
• promotional campaigns;
• brand promotion;
• Merchandise;
• implying sponsorship or approval;
• uses that falsely portray a person or event.

Editorial Content must normally be accompanied by a reasonable credit identifying the Contributor and PhotoBank.

You must not materially alter Editorial Content in a manner that changes the factual meaning or creates a misleading representation.

10. Subscription Licenses

Content downloaded through a subscription is licensed under the terms applicable to the subscription plan at the time of download.

Unless otherwise stated:

• each download must be connected to a genuine permitted project;
• downloads must not be automated;
• downloads must not be stockpiled for possible future use;
• download limits must not be bypassed;
• Content must not be shared outside the authorized Account;
• a valid license record must exist for each Content item used.

Termination of a subscription does not normally cancel licenses validly obtained before termination, provided the Content was downloaded and used in accordance with the applicable subscription terms.

11. Enterprise and Custom Licenses

An Enterprise or Custom License may provide:

• multiple Seats;
• use by affiliated companies;
• larger usage limits;
• custom indemnification terms;
• custom pricing;
• custom content access;
• enhanced support;
• specific geographic or industry rights.

Enterprise and Custom Licenses must be documented in writing.

12. Trial and Promotional Content

Content made available under a free, preview, promotional or trial license may be subject to additional limitations.

Such Content may be restricted to:

• evaluation;
• mock-ups;
• internal presentations;
• testing;
• temporary promotional use;
• non-commercial use.

A preview or watermarked file is not licensed for final publication unless PhotoBank expressly states otherwise.

13. Permitted Editing

Subject to applicable restrictions, you may:

• crop Content;
• resize Content;
• adjust colour and exposure;
• add text or design elements;
• combine Content with other materials;
• remove backgrounds;
• apply reasonable visual effects;
• convert file formats;
• edit video length or sequence;
• adapt Content for different layouts.

Editing must not:

• create a defamatory meaning;
• create a deceptive endorsement;
• misrepresent an editorial event;
• violate the rights of depicted persons;
• turn lawful Content into unlawful or prohibited Content;
• remove legally required copyright or source information.

14. Client Work

You may use Content in a project created for one client, provided:

• you have a valid License;
• the client receives only the completed project;
• the original Content file is not transferred for separate use;
• the client agrees to comply with relevant restrictions;
• the Content is not reused for unrelated clients without a new License where required.

The License may be transferred to a client only where the relevant license terms expressly allow it.

15. Use by Employees and Contractors

You may provide Content to an employee or contractor solely where necessary to complete an authorized project.

The employee or contractor must:

• use the Content only for your authorized project;
• keep the Content secure;
• not retain the Content for unrelated use;
• not claim ownership;
• not distribute the original file;
• comply with this License Agreement.

You remain responsible for their use of the Content.

16. Seat Restrictions

Unless a multi-seat license is purchased, a License is normally limited to one individual user.

You must not:

• share Account credentials;
• allow multiple people to use a single Seat;
• place Content in an unrestricted shared library;
• make original files available to an entire organization;
• circumvent Seat or access limits.

Additional Seats may require a team, business or enterprise plan.

17. Prohibited Standalone Distribution

You must not distribute or make Content available:

• as an unmodified stock file;
• as a downloadable image or media file;
• in substantially the same form as downloaded;
• through another stock-media platform;
• through a file-sharing service;
• as part of a free image collection;
• as a public-domain or open-license asset;
• in a way that allows extraction of the original file.

18. Prohibited Resale and Sublicensing

Unless expressly permitted by an Extended, Enterprise or Custom License, you must not:

• resell the original Content;
• sublicense the Content;
• rent or lease the Content;
• transfer the Content to another user;
• sell access to the Content;
• include Content in another stock library;
• make Content available through a digital asset marketplace.

19. Merchandise and Products for Resale

A Standard License does not permit Content to be used as the primary value of Merchandise unless expressly stated otherwise.

Examples include:

• posters;
• prints;
• calendars;
• greeting cards;
• clothing;
• phone cases;
• mugs;
• bags;
• stickers;
• wallpaper;
• downloadable artwork;
• print-on-demand products.

Such use normally requires an Extended or Custom License.

20. Templates and Digital Products

Unless expressly permitted, you must not include Content in:

• website templates;
• presentation templates;
• social media templates;
• graphic design templates;
• editable documents;
• mobile application templates;
• video templates;
• digital downloads intended for resale;
• products that allow end users to extract the Content.

Where template use is authorized, the Content must be securely integrated and must not be extractable as a standalone file.

21. Logos, Trademarks and Brand Identity

Content must not be used as:

• a trademark;
• a service mark;
• a business name;
• a logo;
• a brand identifier;
• a product identifier;
• an exclusive corporate identity element.

A License is non-exclusive, and the same Content may be licensed to other users.

22. Artificial Intelligence and Machine Learning

Unless PhotoBank provides express written permission, you must not use Content:

• to train an artificial intelligence model;
• to train a machine-learning system;
• to create a biometric recognition database;
• to create a facial-recognition database;
• to create a generative model dataset;
• for model fine-tuning;
• for embedding or feature-extraction datasets;
• for synthetic data generation;
• for automated style imitation;
• for the creation of competing stock-media services.

Using Content as a visual element in an AI-related article, presentation or advertisement does not by itself constitute model training, provided the use otherwise complies with this Agreement.

23. Non-Fungible Tokens and Blockchain

Unless expressly authorized in writing, you must not:

• mint Content as a non-fungible token;
• associate Content with a blockchain asset for sale;
• sell fractional ownership in Content;
• represent that a blockchain token transfers copyright ownership;
• use Content in a competing digital-asset library.

24. Sensitive and Defamatory Uses

Content depicting an identifiable person must not be used in a way that implies the person:

• committed a crime;
• has a medical condition;
• has a mental health condition;
• has a sexually transmitted infection;
• uses illegal drugs;
• is involved in pornography or sex work;
• supports a political party or candidate;
• belongs to a particular religion;
• has a particular sexual orientation;
• has financial problems;
• is a victim or perpetrator of abuse;
• endorses a product or service;

unless the implication is factually accurate, lawful, properly contextualized and supported by all necessary permissions.

A clear notice that an image is posed by a model may be required for sensitive illustrative uses.

25. Unlawful and Harmful Uses

Content must not be used:

• for unlawful purposes;
• to promote terrorism or violent extremism;
• to threaten or harass a person;
• to promote hatred against protected groups;
• to facilitate fraud or impersonation;
• to create deceptive identity documents;
• for defamatory publications;
• to sexually exploit any person;
• in child sexual abuse material;
• in malicious software;
• to violate privacy or publicity rights;
• to infringe intellectual property rights;
• in a manner that violates applicable sanctions or export laws.

26. Use of Editorial Content

When using Editorial Content, you must:

• preserve the truthful context of the event;
• avoid misleading captions;
• identify material alterations where appropriate;
• include a reasonable source credit;
• not imply commercial endorsement;
• not use the Content as decorative advertising;
• comply with applicable journalistic and privacy standards.

A typical credit may be presented as:

Contributor name / PhotoBank

The exact credit shown on the Content page should be used where available.

27. Attribution

Attribution is not normally required for Standard Commercial Content unless:

• the Content page requires it;
• the applicable law requires it;
• the use is editorial;
• the License is free, trial or promotional;
• a custom agreement requires attribution.

Where attribution is required, it must be reasonably visible and must not be misleading.

28. Model and Property Releases

PhotoBank may indicate whether a Model Release or Property Release is available.

The existence of a release does not guarantee that every possible use is lawful in every country.

You are responsible for determining whether your intended use requires:

• additional permission;
• location permission;
• trademark clearance;
• privacy or publicity clearance;
• sector-specific regulatory approval;
• legal review.

29. Trademarks, Artwork and Third-Party Rights

Content may depict:

• trademarks;
• logos;
• products;
• artwork;
• architecture;
• designs;
• public figures;
• private property.

A Content License does not automatically grant rights in third-party trademarks, designs, artwork, privacy rights or publicity rights.

You are responsible for obtaining any additional permissions required for your use.

30. No Exclusivity

Unless a written exclusive license has been purchased:

• Content remains available to other Buyers;
• other Buyers may use the same Content;
• you must not claim exclusive ownership;
• you must not register the Content as your exclusive trademark;
• you must not prevent lawful use by other Licensees.

31. No Copyright Registration by Licensee

You must not:

• register copyright ownership in the original Content;
• claim that you created the original Content;
• submit false copyright takedown notices;
• register the Content in an automated copyright-claiming system;
• use Content ID or a similar system to block lawful use by others.

You may claim copyright in your original contributions to a larger project, but not in the underlying licensed Content.

32. Security of Licensed Files

You must take reasonable measures to prevent unauthorized access, copying and distribution.

Reasonable measures may include:

• restricting access to authorized users;
• using secure storage;
• not publishing original high-resolution files;
• preventing public directory access;
• removing files from contractors after project completion;
• using reasonable technical safeguards.

33. License Records

You should retain:

• the invoice;
• the purchase confirmation;
• the Content identifier;
• the license type;
• the download date;
• the Account used for purchase;
• any custom written permission.

PhotoBank may retain transaction and licensing records to verify authorized use.

34. Refunds and License Termination

Where a purchase is refunded, cancelled, reversed or charged back:

• the License may terminate;
• you must stop using the Content;
• you must remove the Content from unpublished projects;
• you must delete accessible original files;
• additional use is prohibited.

A refund does not necessarily require destruction of physical products already lawfully manufactured before termination, unless PhotoBank states otherwise or the Content is unlawful or infringing.

35. Withdrawal of Content From PhotoBank

Content may later be removed from PhotoBank because of:

• a Contributor request;
• a copyright complaint;
• a legal request;
• missing permissions;
• a policy violation;
• commercial or technical reasons.

Removal does not normally cancel a valid License granted before removal.

However, PhotoBank may require you to stop using Content where:

• the Content is alleged or found to be infringing;
• the Content violates applicable law;
• continued use creates a substantial legal risk;
• a court or competent authority requires removal;
• the License was obtained through fraud or error.

36. Notice to Stop Using Content

If PhotoBank notifies you that Content must no longer be used, you must:

• stop new publication and distribution;
• remove the Content from future versions of your project;
• delete accessible source files where requested;
• cooperate with reasonable remediation steps;
• confirm compliance where reasonably requested.

PhotoBank may offer replacement Content or another remedy at its discretion.

37. License Violations

Use outside the granted License may constitute copyright infringement and breach of contract.

If you violate this License Agreement, PhotoBank may:

• terminate the License;
• suspend or terminate your Account;
• disable downloads;
• demand removal of the Content;
• request payment of the appropriate license fee;
• seek compensation for losses;
• notify the relevant Contributor or rights holder;
• pursue legal remedies.

38. Cure of Certain Violations

PhotoBank may, but is not required to, allow a Licensee to correct a non-deliberate violation.

Possible corrective measures may include:

• purchasing an upgraded License;
• removing an unauthorized use;
• adding required attribution;
• reducing a print run;
• purchasing additional Seats;
• paying an additional license fee.

Serious, deliberate, fraudulent or repeated violations may not be eligible for correction.

39. Representations of the Licensee

You represent and warrant that:

• you have legal capacity to enter into this Agreement;
• your Account information is accurate;
• you will use Content only as authorized;
• you will comply with applicable law;
• you will not violate third-party rights;
• you will not circumvent technical restrictions;
• you will not use fraudulent payment methods;
• you will maintain reasonable security over licensed files.

40. Content Provided “As Is”

Content is provided on an “as is” and “as available” basis, subject to any rights that cannot lawfully be excluded.

PhotoBank does not guarantee that:

• Content is suitable for every intended purpose;
• Content is free from every possible third-party claim;
• all metadata is complete or error-free;
• all depicted property is cleared for every use;
• Content will remain available indefinitely;
• Content will produce a particular commercial result.

You are responsible for evaluating the suitability of Content for your specific project.

41. Limitation of Liability

To the maximum extent permitted by applicable law, Lumina Stock Media S.R.L. and PhotoBank will not be liable for:

• indirect or consequential loss;
• loss of profits;
• loss of business opportunity;
• loss of reputation;
• loss of data;
• production or publication delays;
• failure to obtain additional third-party permissions;
• use outside the License;
• unauthorized use by the Licensee’s employees or contractors.

Subject to mandatory law, PhotoBank’s total liability arising from a licensed Content item will not exceed the amount paid for the relevant License.

An Enterprise or Custom License may provide different liability terms.

42. Indemnification by the Licensee

To the extent permitted by applicable law, you agree to indemnify and hold harmless Lumina Stock Media S.R.L., PhotoBank, Contributors and their directors, employees, contractors and service providers from claims, damages, liabilities, costs and reasonable legal expenses arising from:

• your use of Content outside the License;
• your breach of this Agreement;
• your unlawful or defamatory use;
• your failure to obtain additional permissions;
• your modification of Content;
• your distribution of original files;
• use by persons receiving Content from you;
• your violation of third-party rights.

43. Intellectual Property Complaints

If you believe that Content available through PhotoBank infringes your rights, you should follow the procedure described in the PhotoBank Copyright Policy.

A complaint should identify:

• the protected work;
• the allegedly infringing Content;
• the relevant URL or Content identifier;
• your contact information;
• evidence of ownership or authority;
• a good-faith statement;
• an accuracy statement;
• your physical or electronic signature.

44. Term and Termination

A valid License normally continues for the duration of the applicable intellectual property rights unless:

• the License is time-limited;
• the transaction is refunded or reversed;
• you materially breach this Agreement;
• the License was obtained through fraud;
• the License is terminated under a written custom agreement;
• continued use is prohibited by law or legal order.

Upon termination, you must stop using the Content except where PhotoBank expressly permits continued use in writing.

45. Survival

Provisions concerning:

• ownership;
• prohibited uses;
• license records;
• indemnification;
• limitation of liability;
• disputes;
• governing law

survive termination where necessary to give them effect.

46. Assignment

You may not assign or transfer a License without PhotoBank’s prior written permission, except where an applicable business or enterprise license expressly allows assignment.

PhotoBank may assign this Agreement in connection with:

• a merger;
• an acquisition;
• a corporate restructuring;
• a sale of the Platform;
• a transfer to an affiliate or successor operator.

47. Changes to This License Agreement

PhotoBank may update this License Agreement to reflect:

• new license types;
• changes to Platform functionality;
• changes in intellectual property law;
• new technologies;
• changes in AI and machine-learning practices;
• security and operational improvements.

The terms in effect at the time of purchase will normally govern the relevant License unless:

• the parties agree otherwise;
• a change is required by law;
• the change is necessary to prevent unlawful use;
• the Licensee accepts updated terms.

48. Governing Law

This License Agreement is governed by the laws of the Republic of Moldova, without regard to conflict-of-law principles.

Mandatory consumer or other legal protections applicable in the Licensee’s country remain unaffected where they cannot lawfully be excluded.

49. Dispute Resolution

Before starting formal proceedings, the parties should attempt to resolve the dispute through written communication.

A dispute notice should include:

• the Licensee’s full legal name;
• the email address connected to the Account;
• the relevant Content identifier;
• the invoice or transaction reference;
• a description of the dispute;
• the requested resolution.

Unless mandatory law requires otherwise, disputes will be submitted to the competent courts of the Republic of Moldova.

50. Consumer Rights

Nothing in this License Agreement excludes or limits consumer rights that cannot lawfully be excluded.

Digital Content may be supplied immediately after purchase. Where required by applicable consumer law, you may be asked to:

• request immediate supply of the digital Content;
• acknowledge that downloading may affect a cancellation right;
• consent to immediate performance of the digital service.

Additional information is available in the PhotoBank Refund Policy.

51. Severability

If a provision is found invalid or unenforceable, the remaining provisions will continue in effect.

The invalid provision should be interpreted or replaced to reflect its intended purpose as closely as legally permitted.

52. No Waiver

A failure or delay by PhotoBank in enforcing a provision does not waive the right to enforce that provision later.

53. Entire Agreement

This License Agreement, together with the applicable license details, invoice and incorporated PhotoBank policies, constitutes the entire agreement concerning the licensed Content.

54. Electronic Acceptance

Electronic acceptance, purchase or download may have the same legal effect as signing a written agreement, to the extent permitted by law.

PhotoBank may record:

• the License Agreement version;
• the license type;
• the Content identifier;
• the purchase and download date;
• the Account identifier;
• the transaction reference;
• the technical acceptance record.

55. Contact

Questions about licensing may be sent to: